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Article

The Common Commercial Policy  

Johan Adriaensen

In 1958, the European Economic Community was formed as a customs union with a common external tariff. From then on, the Common Commercial Policy—also known as the European Union’s (EU) trade policy—served as the interface between the increasingly integrated common market and its external trade partners. Like the creation of the single market, contemporary trade policy has long transcended discussions about tariffs and quotas at the border and has focused increasingly on the impediments to trade caused by regulatory divergences. Whether they concern agricultural subsidies or cultural protections, rules on public procurement or food standards, insofar as a regulation discriminates against exporters, it can potentially be part of a trade negotiation. The evolving nature of trade policy has triggered a redefinition of both the scope of the EU’s exclusive competencies as well as the procedures to govern this policy domain. The central actor in EU trade policy is the European Commission, which is the designated negotiator for external trade agreements. Whereas member states always played a crucial role in overseeing such negotiations in the Council, the European Parliament has only taken up a position of power since 2009. Beyond securing market access abroad and protecting domestic sectors at home, post-material values have come to feature more prominently in the balancing act of contemporary trade discussions. This has galvanized a far wider range of societal actors to lobby the EU institutions in order to tilt the balance in their favor. Complicating matters even further, the EU conducts a large part of its foreign policy through the Common Commercial Policy. Contrary to most other instruments of the EU’s external action, trade policy is an exclusive competency of the EU. Fostering development, promoting stability, providing humanitarian aid, and the promotion and enforcement of human rights and sustainable development commitments are but a few of the many objectives pursued via trade policy. However, there are clear limitations to the fungibility of the EU’s large market power for foreign policy objectives. It should therefore be clear that the literature on the Common Commercial Policy is extremely diverse. Situated at the nexus of international political economy, regulatory governance, and foreign policy, it has become a well-studied policy domain through a great variety of theoretical and disciplinary lenses. The prominence of trade scholarship in EU studies is unlikely to change soon as developments at the international level, where the Western liberal order is under increasing pressure, but also domestically, where the contestation of several trade negotiations and the position of trade policy within the EU’s broader external action, are set to animate future debates.

Article

Asylum Policy and European Union Politics  

Ariadna Ripoll Servent and Natascha Zaun

Since the crisis of 2015/2016, asylum has become the focus of attention in the European Union (EU). The right to seek refuge raises issues of sovereignty and control of the territory; hence, with the gradual integration of European member states into a single area free of internal borders, there has been a functional pressure to harmonize domestic asylum policies. However, this process of integration continues to be highly contested on two main axes: the extent of harmonization (how much should the EU do in the area of asylum) and the content of the policies (should the emphasis lie on territorial security or individual rights). The tension between this “core state power” status and the EU’s international obligations has shaped both policy developments and academic debates since the emergence of asylum as an EU policy field in the mid-1990s. The integration of asylum policies is intimately linked to the emergence of Schengen as a borderless zone. Indeed, the idea that, in a Europe without borders, member states cannot control the flow of migrants led national governments to find common rules on ascribing responsibility for international protection claims. The rules agreed in the Dublin Convention of 1990 have become the core pillar that structures the Common European Asylum System (CEAS). This system aims to harmonize the definition of a refugee and the procedures and rights that need to be followed when considering asylum requests, as well as the conditions for receiving asylum seekers (e.g., housing, access to healthcare, and the job market). This process of harmonization has not been uncontested: while the first legislative phase (2001–2005) remained highly intergovernmental and was characterized by little progress being made in the approximation of domestic asylum systems, the second phase (2008–2013) showed an increased reluctance of member states to strengthen the powers of the EU in this field. As a result, the CEAS has been epitomized by faulty implementation and weak approximation—especially among those member states that did not have strong asylum systems in place before integration began. These gaps have left the CEAS in a dangerous position, since they have created incentives for those who benefit the least from EU cooperation to bypass their obligations. There, the principles underpinning the Dublin regime have been at the core of the functional crises that have recurrently emerged in the EU. The so-called “asylum crisis” has shown the weaknesses of the CEAS as well as the incapacity of member states to reform the system and find a solution that addresses the current imbalances. The main solutions have come via externalization, whereby the EU has sought to strengthen the responsibility of third countries like Turkey and Libya. These trends have also been the focus of attention in this highly interdisciplinary field. Debates have generally concentrated on either the internal or the external dimension of EU policy-making. When it comes to the internal dimension, early scholarship centered on the process of integration and the development of asylum into a new policy field. They showed how the major drivers of integration followed functional logics of spillover from the single market and Schengen—but that the nature of this policy area called for different political dynamics. This process remained highly intergovernmental until the early 2000s, which gave interior ministers the power to escape domestic constraints (e.g., civil society, national parliaments, and courts) and shape EU policies in relative isolation. This does not mean, however, that this intergovernmental process was uncontentious. Indeed, it has been shown how the core principles of EU asylum respond to a public goods logic, whereby member states try to shift their responsibility for asylum seekers away from their territory and onto that of their neighbors. Although the idea of “burden-sharing” (and hence a generalized negative perception of asylum) is shared by most member states, the processes of uploading and downloading policies between the domestic and the EU level have been more complicated than just building a “Fortress Europe.” Among those who were traditional recipients of asylum seekers and had strong asylum systems, there has been a clear game of regulatory competition that has sometimes led to a race to the bottom. In comparison, those that had no experience with international protection and lacked a strong asylum system have generally struggled to adapt to EU standards, which has reinforced the imbalances and weaknesses of the Dublin regime. Given these dynamics, most scholars expected the shift to a fully supranational decision-making process to produce far-reaching policy changes and have a rights-enhancing effect. The outcomes have not always fulfilled expectations, which underlines the importance of opening up the black box of preference formation in the EU institutions and member states. What scholars do agree on is that policy outputs on the EU level have often failed to materialize into policy outcomes on the domestic level, which has led to processes of informal adaptation and the strengthening of EU operational agencies like Frontex and the European Asylum Support Office (EASO). In addition, these internal failures have pushed the EU to externalize border controls as well as push the responsibility for international protection toward third countries. There has been a clear case of policy diffusion toward neighboring countries, but also an increased dynamic of policy convergence among hosting countries like Australia and the USA. These policies tend to emphasize exclusionary practices, notably extraterritorial processing and border control—leading to major questions about the survival of asylum as an international human right in the years to come. These trends show that asylum continues to be a highly contested EU policy both in its internal and external dimensions. We need, therefore, to look more closely at the impact of polarization and politicization on EU policy-making as well as on how they might affect the role played by the EU and its member states in global debates about migration and the right to seek asylum.

Article

The Internal Market of the European Union: From Indivisibility to Differentiated Integration  

Michelle Egan

The internal market is the workhorse of European integration, promoting the free movement of goods, capital, services, and factors of production to ease cross-border barriers. Research has focused on the evolution and expansion of market integration, drawing on a variety of empirical and theoretical approaches to understand the interests, institutions, and ideas that have shaped an “ever closer economic union.” Yet as the economy has changed from manufacturing to services, the internal market has shifted in scope to encompass a more heterogeneous set of issues where the core rules and legal commitments have generated increased differentiation in market practices and regulatory alignment. Scholarship on the single market has diminished, in part, due to the fragmentation of policy initiatives, often not attributed to the single market. As the European economy has undergone profound structural changes, the legislative agenda has expanded to new policy areas that reflect the need for modernization and expansion of the traditional single market agenda. Often touted as a model for regional integration, the single market is still a differentiated market, much more developed for goods than it is for services and labor. The result is a regulatory patchwork of selective liberalization where the scope and depth of integration vary across the four freedoms. Ironically, the integrity of the single market in the wake of Brexit has led the “four freedoms” of goods, services, capital, and people to be viewed as “indivisible” which does not reflect the reality of decades of market integration. More attention needs to be given to the incorporation of history and temporality into understanding the single market. On the one hand, the single market is viewed as a means of transferring regulatory norms to third-country markets which has led to a debate about the extent of European “market power” across different issues areas. Rooted in the size and institutional configurations of its internal market, European efforts to export rules to third-country markets also depends on domestic receptiveness and state capacity to accept such jurisdictional boundaries over markets. As the internal market has varying degrees of “depth” across treaty freedoms, its “spillover” effects may differ across goods and service markets. On the other hand, there has been a surge in single market differentiation within the European polity in terms of modes of governance. This reflects growing flexibility in terms of fundamental treaty requirements, the varied compliance and implementation across sectors and firms, and the differential effects of withdrawal from the single market across member states given the substantial consequences of Brexit. Across time and space, the detailed patterns governing the four freedoms and flanking policies of the internal market in Europe are not uniform with differentiation in institutional (legal and administrative) arrangements that have significant trade-offs in terms of social legitimacy and economic competitiveness.