Justice and home affairs (JHA) is one of the most salient policy fields at European Union (EU) level. It deals with issues closely related to the sovereignty of member states including immigration, borders, and internal security. This article takes stock of the policy’s development and current academic debates. It argues that EU justice and home affairs is at a crossroads. Most EU actors underline the value added of European cooperation to tackle transnational threats such as terrorism and organized crime as well as the challenge of international migration. Indeed, the EU has increased its operational cooperation, data-sharing and legislative activities. The EU home affairs agencies, notably the European Police Office (Europol) and European Border and Coast Guard Agency (Frontex), have been substantially empowered. Yet JHA has also become a playing field for those attempting to politicize the European integration process. Therefore, recent years have seen major conflicts emerge that risk fragmenting the EU. These include controversies over the distribution of asylum seekers within the EU and the upholding of rule of law standards in some Eastern European states. Scholars have followed these developments with interest, contributing to a multifaceted and rich literature on aspects such as the dynamics of EU decision-making and the policy’s impact on the member states’ respect for fundamental rights and civil liberties. Promising avenues of further research include the implications of the politicization of the field and the consequences of ever more interconnected internal security databases and technologies.
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Justice and Home Affairs in the European Union
Florian Trauner and Ariadna Ripoll Servent
Article
Leadership and Change in the Public Sector
Jose Luis Mendez
The nature and evolution of the field of studies of public sector leadership can be understood by focusing on four theoretical orientations: institutional, transformational, collaborative, and contingent. The first one argues that, within a democracy, public sector executives do not exercise—or should not exercise—a strong leadership. The second one, on the contrary, stresses their “transformational” role. The third orientation favors more horizontal leading styles, while the last one argues that all the previous types of leadership could emerge depending on the specific conditions. Each of these four orientations takes a specific position toward change and has led to a considerable number of books and articles. This clearly shows that leadership is an important issue in the study of the public sector. It also shows the theoretical fragmentation present in this field and that there is not a fit-all type of leadership. Paradoxically, there is still a noticeable lack of research on some topics, such as the causes and effects of leadership. Thus, there is not a clear understanding yet of the extent to which leading within government makes a positive difference and, in case it does, of how to make it happen. Filling these voids would certainly help this field to gain greater relevance within the wider field of leadership studies as well as in the social sciences in general.
Article
LGBT Military Service Policies in the United States
Andrew Goodhart and Jami K. Taylor
For most of its history, the U.S. military has maintained a policy of exclusion toward lesbian, gay, bisexual, and transgender (LGBT) people serving in uniform. The justifications for these exclusions have included the view that being homosexual or transgender is a psychological disorder, that it undermines military morale and effectiveness, and a fear that LGBT people would be vulnerable to foreign espionage. Explicit policies banning consensual homosexual sex—and excluding from service those who engage in it—date to the period between World Wars I and II, but de facto efforts at exclusion have existed since the early days of the republic.
Regulations governing homosexuals in the military came under pressure in the 1970s and 1980s as societal views toward lesbian, gay, and bisexual (LGB) people changed, and those LGB service members discharged under the policy increasingly challenged their treatment in court. (Public pressure to change regulations governing transgender people in the military arose mostly in the 2000s, though litigation efforts date to the 1970s.) In addition to general shifts in public and legal opinion, the debate over LGB people serving in the U.S. military was affected by the experience of foreign militaries that allow LGB people to serve. United States law began to loosen formal restrictions on LBG people serving in uniform with the passage of “Don’t Ask, Don’t Tell” (DADT) in 1994, but it still required LGB people to serve in secret. Changing public perceptions of LGB people and problems implementing the ban galvanized support for eliminating such restrictions. In 2010, President Obama signed legislation repealing DADT and removing all restrictions on LGB people serving in the military. However, transgender people do not enjoy the same rights. The Trump administration has revised Obama-era rules on transgender service members to enable greater exclusion. The issue is being contested in the courts and appears ripe for further political and legal dispute.
Article
Multi-Level Governance and Public Administration
Edoardo Ongaro
The literature on multi-level governance (MLG) and the field of the administrative sciences and public administration (PA) can be fruitfully integrated in order to generate knowledge about “the administrative dimension of MLG.” MLG may be defined by Piattoni as “the simultaneous activation of governmental and non-governmental actors at various jurisdictional levels” and perspectives derived from MLG may be applied to a wide set of issues spanning from political mobilization (politics), to policymaking (policy), to state restructuring (polity). It is along each of these sets of issues that it is possible to delineate the contribution that the field of PA can provide to the development of MLG. To MLG as political mobilization, the PA literature brings insights about participatory approaches and collaborative governance. To MLG as policy in multi-level settings, the PA literature brings insights about the functioning of multi-level administration and the role of a multi-level bureaucracy in policymaking processes occurring in compound political systems; the PA literature also contributes insights on public accountability in systems where decision responsibility is blurred, and issues of legitimacy arise. To MLG as polity restructuring, the PA literature offers insights on the administrative dimension of polity restructuring processes, as well as on the dynamics of systemic change and the change management of public governance arrangements. The study of MLG may benefit from drawing from a range of conceptual tools and models developed in the field of PA. Complementarily, PA as an interdisciplinary field of scholarship may benefit from the perspective of MLG, which provides it with a platform to expand the application of concepts like those of collaborative governance; bureaucratic influence on policymaking; public accountability in multi-actor, multi-level settings; or systemic-level change management. In this sense, the generation of knowledge about the administrative dimension of MLG is an addition to both MLG studies and to the field of PA.
Article
The Ordinary Legislative Procedure
Maja Kluger Dionigi and Anne Rasmussen
The ordinary legislative procedure (OLP), previously known as co-decision, has marked a significant milestone in the development of the European Union (EU) and transformed the way its institutions interact. What was initially seen as a cumbersome decision-making procedure subject to considerable criticism ended up being quite successful. The workings of the OLP have gradually developed, including both informal and formal rule changes to ensure a smoother functioning of the procedure. While the EU Council is still seen as the strongest body in the interinstitutional balance, the European Parliament (EP) is a co-legislator in most policy areas. After introducing the option to conclude legislation at first reading, so-called early agreements have become the norm in the OLP. The increase in early agreements by means of trilogues has speeded up decision-making but has not come without costs. Concerns have been raised about the transparency of trilogues and the accountability of the actors involved. Not surprisingly, these concerns have led to a shift in the research of the OLP from an emphasis on the powers of the different EU institutions to early agreements and their consequences for democratic legitimacy. Our careful review of the EU institutions’ own rules and practices governing trilogue negotiations shows that the rules and procedures for the conduct of negotiations have been adapted significantly over time. While there is a continued need for the EU to keep enforcing openness in its procedures, OLP interinstitutional bargaining does not operate in a rule-free environment. Yet most democratic scrutiny has been directed at the internal decision-making processes in the EP rather than at maximizing openness on the Council side or with respect to input from interest groups in the negotiation processes.
Article
The Politics of Crisis Terminology
Allan McConnell
The politics of crisis terminology is rarely examined directly. Crisis is an “umbrella,” under which resides a multitude of terms such as accidents, emergencies, fiascos, disasters, and catastrophes, as well as variations such as natural disasters, transboundary crises, and mega-crises. Yet the sheer diversity and frequent ambiguity among terms reflects the “politics” of how societies and political actors seek to cope with and address extreme events, which often pose a mixture of threat and opportunity. Central to an understanding is how (a) different terms are means of framing issues such as the scale and causes of the crisis, (b) crisis terms are part of governing strategies, and (c) nongovernmental actors (opposition parties, media, lobby groups, social movements, and citizens) can seek to influence government. A pivotal point in developing an understanding of crisis terminology is that rather bemoaning the lack of singular meanings for crisis and associated terms, or criticizing actors for “abuse” of the terms, one should recognize and accept that complex and contested crisis language and definitions are in themselves manifestations of politics in political societies.
Article
The Politics of Fires and Haze in Southern Southeast Asia
Helena Varkkey
Transboundary haze pollution originating from fires in Southern Southeast Asia affects about half of the countries in Southeast Asia with varied intensities on an almost annual basis. Haze not only affects visibility but also causes widespread health problems, transportation disruptions, and other socioeconomic issues. This haze and the fires that cause it have been a key topic for environmental politics research in the region since the late 1990s. This has largely been driven by one overarching objective: how to prevent haze from returning in the following years. However, conditions on the ground (mostly in Indonesia and in the larger Southeast Asian region) have been changing and evolving drastically, which has resulted in a dynamic research agenda that has to keep up.
Within the context of environmental politics, fires and haze can be viewed through the broad lens of national interest. There is a strong link between the severity of haze and the burgeoning agribusiness sector in the region: that of oil palm in particular. Oil palm is a very important crop in the region, with Indonesia and Malaysia generating almost 90% of total global palm oil output. Hence, national and business interest theories have often been used as a framework for research in this area, with commercial oil palm plantations often being the unit of analysis. However, this has been called to question lately as these plantations face increasing market pressure to act more sustainably. A new group of actors that have since been highlighted are smallholders, either independent or in contract with larger plantations. There is potentially much to be uncovered with regard to the relationships between smallholders and commercial plantations and how they affect patterns of fire use and global sustainability issues.
Related to this is the ever-evolving collection of local, regional, and national policies (and related enforcement issues) on land and fire use in Indonesia. One key area of contention is the use of peatlands. Fires on peat produce the thick, sooty smoke that travels across national boundaries, and they are notoriously hard to put out. Political research in this area is heavily framed by a tough debate between the scientific community and socioeconomic concerns. While peatlands play an important role in the global climate change balance, they also face immense pressure for development fueled by the scarcity of land.
The regional context has also been an important theme for haze research. Haze primarily affects the Southern Southeast Asian subregion, and the major players of the palm oil sector come from this area. The Indonesian palm oil sector is a vibrant combination of Malaysian, Singaporean, and local companies. And the Association of Southeast Asian Nations has been the hub of cooperation and mitigation activities over haze. Hence, many scholars have searched for answers at the regional level. However, new national developments, such as Singapore’s Transboundary Haze Pollution Act, suggest that countries may be losing confidence in regional efforts.
Article
Principal–Agent Analysis and the European Union
Tom Delreux and Johan Adriaensen
Principal–agent analyses have been frequently applied by scholars of the European Union (EU). The model helps to explain the reasons, modalities, and consequences of the delegation of authority from one (set of) actor(s)—the principal—to another (set of) actor(s)—the agent. Instances of delegation are omnipresent in the EU: not only is the EU founded upon the delegation of rule-making powers from the member states to the supranational level (European integration), but delegation is also frequently occurring from one actor or institution to another within the political system of the EU (EU decision-making).
Assuming that institutions are forums for strategic behavior by rational actors, the principal–agent model has advanced our understanding of European integration and EU politics by zooming in on contractual, dyadic relationships that are characterized by an act of delegation and the controls established to minimize the risks related to delegation. Principal–agent analyses can be used to address two types of questions: first, on why and how the principal delegates authority to the agent (i.e., the “politics of delegation”), and second, on the ensuing game between the principal and the agent when the latter executes the delegated task on behalf of the former (i.e., the “politics of discretion,” or “post-delegation politics”).
Principal–agent analyses in the field of EU politics have been conducted using a diverse set of methods and research designs, with large-N quantitative studies on how principals control their agent, over in-depth case studies of the formers’ motives for delegation, to more recent attempts to capture post-delegation politics and the agent’s discretion in a systematic and quantitative way. Under the condition that the principal–agent model is applied carefully and for questions on the politics of delegation and the politics of discretion, it remains a useful tool to understand contemporary EU politics.
Article
Regulatory Governance: History, Theories, Strategies, and Challenges
David Levi-Faur, Yael Kariv-Teitelbaum, and Rotem Medzini
Regulation, that is, rulemaking, rule monitoring, and rule enforcement, is both a key policy and legal instrument and a pillar of the institutions that demarcate political, social, and economic lives. It is commonly defined as a sustained and focused control mechanism over valuable activities using direct and indirect rules. Most frequently, regulation is associated with the activity of public independent regulatory agencies, designed to promote economic, social, risk-management, integrity, or moral goals. Since the 1990s, more and more states worldwide are establishing such agencies and placing more emphasis on the use of authority, rules, and standard-setting, thus partially displacing earlier emphasis on public ownerships and directly provided services. Alongside this rise of the “regulatory state,” the expansion of regulation is also reflected in the rapidly growing variety of regulatory regimes that involves nonstate actors, such as private regulation, self-regulation, and civil regulation. Regulatory regimes can be explained and assessed from three theoretical perspectives: public-interest theories, private-interest theories, and institutional theories. Each perspective shines a different light on the motivations of the five regulatory actors: rule-makers, rule intermediaries, rule-takers, rule beneficiaries, and citizens. Over the years, diverse regulatory strategies evolved, including: prescriptive strategies that attempt to mandate adherence in precise terms what is required from the rule-takers; performance-based strategies that set in advance only the required outcomes; and process-based strategies that attempt to influence the internal incentives and norms of rule-takers. Although it appears that regulation is here to stay as a keystone of society, it still faces fundamental challenges of effectiveness, democratic control, and fairness.
Article
Serbia’s Civil-Military Relations
Filip Ejdus
When, how, why, and to what effect did the military involve itself in Serbia’s politics? Due to its decisive role in national liberation and state-building, the Serbian military has always enjoyed high societal reputation. Since the 19th century, the military also played an important role of a nation-builder and social elevator for the lower strata of society. However, Serbia also has a very long tradition of military involvement in politics with several coups that decisively shaped the course of national history. Since the outset of Serbia’s state-building in the first half of the 19th century, Serbia experienced four successful military coups and many occasions when its armed forces were used to quash domestic unrest. The reasons behind the robust involvement of armed forces in Serbian (and Yugoslav politics) have been diverse and ranged from an ambition to provide internal stability and defend national or corporate interests to a desire to change the country’s foreign policy orientation. Since the end of the Cold War, the military played an ambiguous role on some occasions undermining democracy, while on others being an agent of democratic transformation. Since 2006, the military of Serbia has been placed under civilian democratic control and seems to have internalized its role of a politically neutral and professional force with a mission to defend the country, support civilian authorities in the event of emergency, and contribute to international peace and security. Still, the ongoing democratic backsliding, the lack of clarity about the state’s strategic outlook, and the still unresolved status of Serbia’s former province Kosovo all preserve the potential for civil-military tensions in the future.
Article
Social Complexity, Crisis, and Management
Emery Roe
Because social complexity is rarely defined beforehand, social science discussions often default to natural language concepts and synonyms. Assert a large sociotechnical system is complex or increasingly complex, and notions are triggered of many unknowns, out-of-sight causal processes, and a system difficult to comprehend fully. These terms intimate the potential for, if not actuality of, catastrophes and their unmanageability in the sociotechnical systems. It is not uncommon to find increasing social complexity credited for the generation or exacerbation of major crises, such as nuclear reactor accidents and global climate change, and the need to manage them better, albeit the crises are said to be far more difficult to manage because of the complexity.
The costs of leaving discussions of “complexity, crisis, and management” to natural language are compared here to the considerable benefits that accrue to analysis from one of the few definitions of social complexity developed and used during the past 40 years, that of political scientist Todd R. La Porte. Understanding that a large sociotechnical system is more or less complex depending on the number of its components, the different functions each component has, and the interconnections (including interdependencies) among functions and components highlights key issues that are often missed within the theory and practice of large sociotechnical systems, including society’s critical infrastructures. Over-complexifying the problems and issues of already complex systems, in particular, is just as questionable as oversimplifying that complexity for policy and management purposes.
Article
Ukraine: Democratizing Civil–Military Relations in the Midst of Conflict
Marybeth P. Ulrich
Ukraine’s civil–military relations continue to democratize in the midst of its ongoing conflict with Russia. Ukraine’s progress in its political, economic, and military reforms is linked to the development of its civil–military relations, which, in turn, can be a catalyst for further advances in democratization and the application of the national power so essential to it prevailing in its existential struggle to preserve its national independence and fledgling democracy. However, Ukraine’s challenging geopolitical hand has limited its democratic and economic development postindependence. Prior to the war with Russia, due to the Ukraine swaying between the liberal democracies of Europe and the lure of authoritarian Russia, the conflicting interests of stakeholders from the disparate camps limited Ukraine’s ability to break decisively toward either one. The Euromaidan protests, followed by Russia’s annexation of Crimea and incursion into the Donbas region of eastern Ukraine propelled Ukraine onto a pro-Europe path. However, the legacy of Soviet-era bureaucracy, weak political culture, and scarce resources have limited the country’s progress. Key elements of democratic civil–military relations, such as meaningful civilian oversight within the relevant ministries and parliamentary defense committees, are still insufficiently present. So far, the combined impact of limited progress in the development of democratic institutions, poor economic performance, insufficiently mitigated corruption, and war in eastern Ukraine has held the country as a whole back from achieving the results of the higher-performing postcommunist states in the region. However, the Zelensky administration has a clear mandate and the parliamentary majority to implement its vision for Ukraine.
Ukraine’s civil–military relations are an important aspect of its strategic success. Political–military and societal–military cooperation and coordination can serve as the catalysts needed to bridge crucial divides and reinforce the parallel reforming tracks of democratic, economic, military, and cultural development and institution-building.
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