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1. The Making of European Private Law: Regulation and Governance design

Author:
Fabrizio Cafaggi and 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, and International Law
Political Geography:
Europe

2. A New Phase of European Integration:Organized Capitalisms in Post-Ricardian Europe

Author:
Armin Schäfer and 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 and Economics
Political Geography:
Europe

3. Populism in the first European elections in the Czech Republic

Author:
Pitrová Markéta
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The paper seeks to examine the phenomenon of populism in connection with the first EP elections in the Czech Republic (CZ). It aspires to answer the question whether the first EP elections can be described as populist and, if yes, then owing to which parties. It gives a basic overview of the electoral system, the actors involved and the voter turnout. It attempts to define populism and distinguish it from euroscepticism. The paper's key focal point is then the application of the identified attributes of populism on those political parties that received more than 1 % of the vote. The findings lead to the rejection of the assertion about a populist character of the EP elections in the CZ, and a classification of individual actors is suggested.
Topic:
Civil Society, Democratization, and Politics
Political Geography:
Europe

4. The European Commission as Network Broker

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, and Government
Political Geography:
Europe

5. What Is Political about Jurisprudence? Courts, Politics and Political Science in Europe and the United States

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 and Politics
Political Geography:
United States, America, and Europe

6. Corporate Values in Local Contexts Work Systems and Workers' Welfare in Western and Eastern 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, and Human Welfare
Political Geography:
Europe

7. Theories and core principles of Dutch democracy

Author:
Ank Michels
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Democracies in Europe differ in what they see as being at the core of the democratic system. In some countries, citizen participation constitutes the fundamental tenet of democracy; in others, democracy is closely linked to pluralism and the protection of minorities. This paper tries to identify certain core principles of the Dutch democratic system that are reflected in the institutions and political culture that have to come to define the democratic system and are derived from the intellectual context in which the system emerged. It does so by asking two questions. The first is: what are the core principles of Dutch democracy that are reflected in the democratic system? Five core principles are distinguished, each of which has been institutionalised in various ways. The second question is: which ideas on democracy of key political thinkers of the 19th and early 20th century are relevant to understanding the core principles of Dutch democracy? This paper explores the normative theories on democracy of a number of political thinkers in the Netherlands. Traces of different theories appear to be present in the core principles of the Dutch democratic system.
Topic:
Civil Society, Government, and Human Rights
Political Geography:
Europe, Netherlands, and Dutch

8. Taxation and Democracy in the EU

Author:
Steffen Ganghof and 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, and Economics
Political Geography:
Europe

9. The Extra-Territorialisation of EU Migration Policies and the Rule of Law

Author:
Marise Cremona and 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, and Migration
Political Geography:
Europe

10. Much Ado about Pluto? The 'Unity of the Legal Order of the European Union' Revisited

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, and International Law
Political Geography:
Europe