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Article

Cohesion Policy and European Union Politics  

Simona Piattoni and Laura Polverari

Cohesion policy is one of the longest-standing features of the European construction; its roots have been traced as far back as the Treaty of Rome. Over time, it has become one of the most politically salient and sizable policies of the European Union, absorbing approximately one-third of the EU budget. Given its principles and “shared management” approach, it mobilizes many different actors at multiple territorial scales, and by promoting “territorial cooperation” it has encouraged public authorities to work together, thus overcoming national borders. Furthermore, cohesion policy is commonly considered the most significant expression of solidarity between member states and the most tangible way in which EU citizens “experience” the European Union. While retaining its overarching mission of supporting lagging regions and encouraging the harmonious development of the Union, cohesion policy has steadily evolved and adapted in response to new internal and external challenges, such as those generated by subsequent rounds of enlargement, globalization, and shifting political preferences regarding what the EU should be about. Just as the policy has evolved over time in terms of its shape and priorities, so have the theoretical understandings of economic development that underpin its logic, the nature of intergovernmental relations, and the geographical and administrative space(s) within which the EU polity operates. For example, whereas overcoming the physical barriers to economic development were the initial targets in the 1960s and 1970s, and redesigning manufacturing clusters were those of the 1980s and 1990s, fostering advanced knowledge and technological progress became the focus of cohesion policy in the new century. At the same time, cohesion policy also inspired or even became a testing ground for new theories, such as multilevel governance, Europeanization, or smart specialization. Given its redistributive nature, debates have proliferated around its impact, added value, and administrative cost, as well as the institutional characteristics that it requires to function. These deliberations have, in turn, informed the policy in its periodic transformations. Political factors have also played a key role in shaping the evolution of the policy. Each reform has been closely linked to the debates on the European budget, where the net positions of member states have tended to dominate the agenda. An outcome of this process has been the progressive alignment with wider strategic goals beyond cohesion and convergence and the strengthening of linkages with the European Semester. However, some argue that policymakers have failed to properly consider the perverse effects of austerity on regional disparities. These unresolved tensions are particularly significant in a context denoted by a rise of populist and nativist movements, increasing social discontent, and strengthening Euroskepticism. As highlighted by research on its communication, cohesion policy may well be the answer for winning back the hearts and minds of European citizens. Whether and how this may be achieved will likely be the focus of research in the years ahead.

Article

Constitutions and the Rule of Law in Asia  

Maartje De Visser, Victor V. Ramraj, and Arun Thiruvengadam

In the modern world, formal constitutions are ubiquitous as the legal foundation of the state, standing at the apex of the legal order. As they emerged in a North Atlantic context, constitutional law and the ideal of constitutionalism came to be associated with a liberal model of government in which the state, composed of its leaders and public officials, was limited by law. This model of a constrained government became encapsulated in the ideal of “rule of law”—distinguishing between autocratic systems that were ruled by “men,” on the one hand, and systems in which political leaders were constrained by law, on the other hand. In this model, the courts typically play a critical institutional role in keeping state power within constitutional boundaries. Although this “liberal” model of constitutionalism and the rule of law continue to dominate legal and political thought, the proliferation of postcolonial legal and political regimes, and competing understandings of government and the role of the state, have challenged the dominant liberal understanding of constitutions and the rule of law. Many of these challenges come from Asia, which encompasses a stunning variety of political regimes that shape the environment in which constitutionalism and the ideal of the rule of law acquire meaning. This makes Asia an ideal site from which to explore the contested notions of constitutions, constitutionalism, and the rule of law as powerful explanatory tools and, in some cases, important normative correctives to the liberal model.

Article

Corruption in African Politics  

Tom Lodge

Survey evidence indicates that political corruption is more prevalent in Africa than in any other global region, though there is also evidence of considerable variation between countries in degrees of corruption and where it is most likely to be located. Traditional explanations for the frequency of corrupt political behavior emphasized the effects of conflicting values that were a consequence of the imposition of modern forms of bureaucratic government upon societies in which authority rested upon personalized relationships. Contemporary African corruption’s historic roots and its variation across the continent may be the effect of the disjuncture or “incongruency” between colonial and successor postcolonial states and the precolonial political settings upon which they were imposed. Modern neo-patrimonialism is a coping response by rulers and citizens to conditions fostered by economic scarcity and institutional incapacity. Since the 1990s, democratization and liberalization have supplied fresh incentives and opportunities for venal politicians and officials. And even among Africa’s more capable and resourceful states, the institutional fluidity generated by democratic transition and economic reform has opened up possibilities of systematically organized state capture. Consequences of corruption certainly further impoverish poor people, and it is likely that corruption also limits economic growth and distorts government efforts to promote development. It is arguable that in the past, corruption may have helped to facilitate political stability but this is less likely in 2018, as evidence emerges of its corrosive effects on public trust in institutions. African anti-corruption efforts are constrained by the extent to which political power is exercised through patronage but there are instances of successful action, sometimes the byproduct of factional struggles within the political elite. As of 2018, there is no clear evidence of trends in success or failure in the work of African anti-corruption agencies.

Article

Diplomacy in Foreign Policy  

Kenneth Weisbrode

Diplomacy’s role in foreign policy is hampered by multiple understandings of what diplomacy is and does. A broad definition of diplomacy holds that it encompasses more than the promotion of peaceful international relations. Instead, it applies to the sum of those relations—peaceful, hostile, and everything in between. Thus, foreign relations—so long as they involve the interests, direction, and actions of a sovereign power—may be regarded as being synonymous with diplomatic relations, whereby foreign policy relates to the theory and practice of setting diplomatic priorities; planning for contingencies; advancing strategic, operational, and tactical diplomatic aims; and adjusting those aims to domestic and foreign constraints. This conception of diplomacy is functional: it emphasizes the roles of diplomats and recognizes that many other people perform these roles besides official envoys; and it illustrates that diplomatic settings—and the means, methods, and tools of diplomacy—undergo continuous change. The basic mediating purpose of diplomacy, however, has endured, as has much of its institutional apparatus—embassies, ambassadors, treaties, and so on. This is likely to remain the case so long as there are multiple polities in the world, all having to relate to one another.

Article

Germany and the European Union  

Simon Bulmer

The Federal Republic of Germany (FRG) was a founder member of the European integration process, namely the European Coal and Steel Community (ECSC) created in 1952. However, the circumstances were very different from the 2010s. Germany was a divided and defeated state until 1990. Integration provided important political and economic support to West Germany. From the 1970s, it strengthened the FRG’s foreign policy reach, for the new state was constrained by Cold War politics as well as other legacies, notably the Holocaust. European integration provided a framework for building trust with western neighbors, particularly France. The collapse of the German Democratic Republic (GDR) in 1989 and its absorption into the FRG through unification in 1990 brought about significant change to Germany’s relationship to European integration. The unified Germany became the largest member state. Initial concerns about German power in Europe were allayed by Chancellor Helmut Kohl pursuing deeper integration to bind the unified Germany further to integration: through creating the European Union (EU) itself and setting a course toward monetary union. Specific concerns about German power only really emerged in the 2010s, as the EU was bedeviled by several crises. In seeking to offer a comprehensive understanding of Germany’s relationship with the EU, coverage is organized around four broad themes: the historical dimension of the relationship; the substance of Germany’s European policy; the sources of Germany’s European policy; and Germany’s role and power in the EU. The historical dimension of Germany’s relationship with European integration is important as a first theme. It is no exaggeration to suggest that European integration helped emancipate the FRG from the historical legacy of turbulent relations with France, Nazi tyranny, and the opprobrium of the Holocaust. European integration afforded a complementary framework for Germany’s political and economic order. The importance of embedding German unification in a context of European integration should not be underestimated. Germany’s European policy has displayed considerable consistency up to the contemporary era. Support for further integration, for enlargement, the market order, and the development of an EU “civilian power” have been key components. These policies are important contributors to understanding Germany’s role in the EU: the second theme. The political and economic system of the FRG forms an important backdrop to understanding Germany’s policy and role in the EU: the third theme. From the 1960s until the 2010s, EU membership was subject to cross-party consensus and permissive public support. These circumstances allowed the federal government autonomy in pursuing its European policy. However, the political climate of European policy has become much more contested in the 2010s. Germany’s role was placed in the spotlight by the succession of crises that have emerged within the EU and in its neighborhood in the 2010s, particularly the eurozone and migration crises. The fourth theme explores how the question of German power re-emerged. These four themes are important to understanding Germany’s role in the EU, especially given Berlin’s centrality to its development.

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

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

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.