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  • Author: Fabrizio Cafaggi, Horatia Muir Watt
  • Publication Date: 03-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: The current debate on the desirability and modes of formation of European Private Law (“EPL”) is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil Code. These ongoing projects raise at least two related questions concerning the challenges to Europeanisation of private law: First, what is the often implicit definition of priv ate law standing behind the debate about the creation of EPL? Second, does the process of creation of EPL need some type of governance structure?
  • Topic: Development, Government, International Law
  • Political Geography: Europe
  • Author: Armin Schäfer, Martin Höpner
  • Publication Date: 03-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: In the past, economic integration in Europe was largely compatible with the persistence of different national varieties of capitalism. While product market integration intensified competition, member states could build on and foster their respective comparative advantage. To date, this no longer unequivocally holds true. We contend that a new, 'Post-Ricardian' phase of European integration has emerged in which the Commission's and the ECJ's attempts to further economic integration systematically challenge the institutions of organized capitalism. This quest for liberalization has reached a point at which its output legitimacy is increasingly uncertain. As a result, the de-politicization of EU decisions proves increasingly unsuccessful. In addition, liberalization measures rely on a very generous interpretations of the 'four freedoms' that exceeds the amount of liberalization the member states agreed upon in the European treaties and, therefore, lacks input legitimacy. We show this by discussing recent struggles over the Services Directive, the Takeover Directive, and company law. In the current phase of European integration, the Commission's and the ECJ's liberalization attempts either transform the institutional foundations on which some of the member states' economic systems rely or they create political resistance to an extent that calls into question the European project. The case studies reveal evidence for both of these possibilities.
  • Topic: Development, Economics
  • Political Geography: Europe
  • Author: Susana Borrás
  • Publication Date: 03-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: Recent transformations in the European Union have been putting significant pressure on the management function of the European Commission. Examining its brokerage position in policy networks, this article asks what kind of role does the Commission have in the political interactions in Brussels after the year 2000. Developing a conceptual framework about brokerage roles in EU policy, the article uses a combination of quantitative and qualitative data in an empirical analysis of two very different cases where the Commission has been embattled the past years. The article argues that previous reports of the Commission's demise are much exaggerated, because it continues playing a leading role in managing interaction between multiple actors at different levels of governance. The empirical results show that the Commission is a resilient central network broker.
  • Topic: Development, Economics, Government
  • Political Geography: Europe
  • Author: Britta Rehder
  • Publication Date: 04-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: This paper reflects on the literature on courts and politics in Europe and the United States. US-American Political Science has dealt for over fifty years with the role of courts and judges as political actors, whereas this perspective has only recently emerged in Europe. The debates differ not only with regard to the number of articles written, but also with regard to their content. This paper discusses the different research perspectives that are being pursued on both sides of the Atlantic. While a major part of the US-American literature investigates the politics of judicial action and the politicization of the legal system, research on European courts confines itself to analyzing the effects of judicial action, often describing them in terms of juridification. Based on a review of the existing literature, this paper suggests that European scholars ought to take crucial assumptions of the US-American research tradition more seriously.
  • Topic: Development, Politics
  • Political Geography: United States, America, Europe
  • Author: Marta Kahancová
  • Publication Date: 03-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: Increased international competition poses challenges to companies' organizational practices, including human resource management. For multinational companies operating simultaneously in diverse local conditions this challenge implies a decision between either opting for universal best practices or adapting their employment strategy to differing local standards in host countries. What influences whether work practices are similar or differ when deployed in differing conditions? Why are some companies committed to their workers' welfare while others are not? This paper attempts to answer these questions by studying work practices, namely work systems and fringe benefits, in a Dutch multinational company (MNC) and its manufacturing subsidiaries in Western and Eastern Europe. Evidence suggests that the observed patterns are best explained by the interplay of three factors. Rational economic interest, company values, and local institutions yield subsidiary work practices that are embedded in, but not adapted to, local standards. The MNC's value system accounts for the fact that generous benefits are offered without a direct relation to the company's profit maximization and without external societal and institutional pressures to provide such benefits.
  • Topic: Development, Economics, Human Welfare
  • Political Geography: Europe
  • Author: Steffen Ganghof, Philipp Genschel
  • Publication Date: 02-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: Is corporate tax competition a threat to democracy in the EU? The answer depends crucially on a positive analysis of the effects of tax competition on national policy autonomy. Most analyses focus on direct effects on corporate tax rates and revenues. We contend that this focus is too narrow. It overlooks the fact that corporate tax competition also has important indirect effects on the progressivity and revenue-raising potential of personal income taxation. We elaborate on these indirect effects theoretically and empirically, and explore the implications for the normative debate on the EU's democratic deficit. Our findings show that European integration can constrain national redistribution in a major way: the democratic deficit is real. Greater political contestation over the EU's policy agenda is desirable in order to mitigate this deficit.
  • Topic: Democratization, Development, Economics
  • Political Geography: Europe
  • Author: Marise Cremona, Jorrit Rijpma
  • Publication Date: 02-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: This paper takes a closer look at one of the EU's foundational values, the rule of law, and relates it to the external dimension of the EU's migration policy. It examines how the EU's powers in migration management have been put to use in order to project EU migration policies beyond the EU legal order, or more precisely to locate the physical control of migration outside EU territory. It categorises different types of extra-territorialisation, ranging from autonomous action by the Community, including Community action which requires third country cooperation, to action by way of international agreements and cases where third countries undertake to align their domestic law with the Community acquis. Starting from the prominence accorded to the rule of law in the EU's external policy, this paper examines an external dimension of the rule of law which goes beyond the desire to promote this value outside EU territory, and its application to the external dimension of the EU's migration policy. It highlights challenges for the rule of law posed by the increasing phenomenon of extraterritorialisation in EU migration policy. Practical examples taken from the EU's visa policy and operational cooperation in the field of external border control serve to support the argument that if the EU is to continue the use of extra-territorialisation as an instrument of its migration policy it must address seriously the issue of ensuring a concomitant extra-territorialisation of the rule of law, in particular the effective judicial review of administrative action.
  • Topic: Development, International Law, Migration
  • Political Geography: Europe
  • Author: Christoph Herrmann
  • Publication Date: 02-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: The European Union is commonly described as a temple-like construction resting upon three pillars. Whereas the first pillar, Community law, constitutes a “new legal order” of supranational character, the second and third pillar are considered to be of intergovernmental kind, i.e. traditional public international law. However, some commentators have advocated a more integrated view, claiming the “unity of the legal order of the European Union”. The more recent case-law of the European courts has increasingly to deal with the relationship between the pillars as well as the legal nature of Union law. The present paper analyses this case-law and takes the opportunity to revisit the “unity thesis” as put forward in learned writings, the overall conclusion is that the claim of unity is poorly suited to solve interpretative questions that concern the aforementioned questions.
  • Topic: International Relations, Development, International Law
  • Political Geography: Europe
  • Author: Peter Maassen, Johan P. Olsen
  • Publication Date: 01-2007
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: The European University, as a key institution, is under stress. It has become commonplace to argue that urgent and radical reforms are needed. The claim is that while environments are changing rapidly, universities do not learn, adapt and reform themselves fast enough. Reform plans comprise the purposes of universities, i.e. definitions of what the University is, can be and should be, criteria for quality and success, the kinds of research, education and services to be produced, and for whom. Reform plans also include the universities' organization and financial basis, their governance structures, who should influence the future dynamics of universities, and according to what principles. In contrast, it can be argued that the currently dominant reform rhetoric is only one among several competing visions and understandings of the University and its dynamics. What is at stake is “what kind of University for what kind of society” and which, and whose values, interests and beliefs should be given priority in University governance and reforms? The paper presents a framework for analyzing ongoing 'modernization' reforms and reform debates that take place at various governance levels, not least the European level. It is part of a forthcoming book on 'University Dynamics and European Integration'.
  • Topic: Development, Education, International Organization
  • Political Geography: Europe
  • Author: Åse Gornitzka
  • Publication Date: 12-2006
  • Content Type: Working Paper
  • Institution: European Research Papers Archive
  • Abstract: This paper asks whether the application of the Open Method of Coordination (OMC) represents a fundamental change in how cooperation takes place within education as a policy area at the European level. Based on a case study of a process that eventually would lead to the “Education and Training 2010” programme of the EU, the paper analyses how the OMC was turned into practice in European education policy. It argues that with the introduction of the OMC a new political space was created in this policy domain. The paper analyses the practices of the OMC in terms of the actors and roles that have been activated at the European level, the role of OMC education in a larger order, and its operative dynamics. The different elements of OMC show varying degrees of institutionalisation. Parts of this process have been experimental, especially as a venue of policy learning and peer reviewing. On the other hand the attention and agenda of EU institutions involved in education policy have been coordinated over time through the routines established around the goals and objectives of the OMC process. The use and development of indicators have also become well established as one of the main components of European cooperation in this field.
  • Topic: International Relations, Development, Education
  • Political Geography: Europe