In the European Union (EU), there are two consultative committees, the European Economic and Social Committee (EESC) and the Committee of the Regions (CoR). Both, the EESC and the CoR are involved in EU decision-making but lack formal competencies to influence European secondary law directly. Instead of having votes or veto rights concerning EU directives or regulations, the two consultative committees provide recommendations to the European Parliament and the Council of Ministers. In addition to providing advice to the two EU legislative chambers, the two consultative committees can also approach the European Commission and give input into the drafting of EU policies at the very early stage.
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The European Economic and Social Committee (EESC) and the Committee of the Regions (CoR)
Diana Panke
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Kosovo and the European Union
Spyros Economides
The European Union’s involvement with and in Kosovo is of three main types. First, it participated in war diplomacy in the late 1990s in an attempt to find a peaceful solution to the Kosovo conflict between Kosovar Albanians and the Serb forces of the former Yugoslavia. This demonstrated of the Union’s limited ability to influence less powerful actors in its backyard through its Common Foreign and Security Policy (CFSP). This resulted from the difficulty the EU found in attempting to forge a consensus among its member states on a significant matter of regional security with humanitarian implications, the limitations in effectiveness of the EU’s civilian instruments of foreign policy, and the low credibility and influence stemming from the lack of an EU military capability. Second, the EU took a leading role in economic reconstruction and state-building in Kosovo following the end of the conflict. Initially, this was in tandem with the United Nations Mission in Kosovo (UNMIK). Subsequently, the EU became the lead organization, focusing its efforts not only on the physical and economic reconstruction of the territory but also on building human and administrative capacity and democratic institutions and establishing good governance and the rule of law, especially through its EULEX mission. Third, the EU attempted to help transform Kosovo beyond democratization toward EU integration through instruments such as the Stabilisation and Association Process (SAP). A significant part of this process has also been linked with EU-led mediation attempts at resolving outstanding issues between Kosovo and Serbia through a process of normalization of relations without which EU accession cannot be envisaged.
Throughout the post-war phases of the EU’s involvement in Kosovo, its efforts have been undermined by the most important outstanding issue, the disputed status of Kosovo. Kosovo was set on the path to increasing self-government and autonomy at the end of the conflict in 1999, but it was still legally part of sovereign Yugoslavia. In 2008, Kosovo unilaterally declared its independence. While over 100 states recognized Kosovo, it never acquired enough recognitions to be eligible for UN membership: Serbia does not recognize it and, most importantly, neither do five EU member states. This status issue has seriously complicated the EU–Kosovo relationship in all its aspects and slowed down the prospect of “Euro-Atlantic integration” for Kosovo.
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Europe’s Supranational Courts and LGBT Rights
M. Joel Voss
Europe has some of the most powerful human rights legal institutions in the world including two supranational human rights courts—the Council of Europe’s European Court of Human Rights and the European Union’s Court of Justice (hereafter, together—the Courts). After decades of relative quiet, the Courts have begun hearing more cases concerning LGBT rights. Judgments of the Courts have advanced some facets of LGBT rights like anti-discrimination in the workplace while disappointing gay-rights advocates in other areas, for example family life and asylum.
Scholarship on European courts and LGBT rights is not as developed as scholarship on norm advocacy or policy diffusion within states in Europe. The research that does exist looks at how decisions by the European Court of Human Rights and the European Court of Justice deal with current European law, how the institutions are designed, or how the supranational courts may act as agents of change or status quo institutions in shaping wider European behavior. This lack of newer research on the Courts presents ample opportunity for new avenues of research that examines not only how decisions are made at the Courts but also how states implement decisions and how states view the legitimacy of each Court.
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Space, Mobility and Legitimacy
Ettore Recchi
While migration has always existed, and its consequences have always been important, few people have lived a mobile life in the history of mankind. Population immobility has recurrently been part and parcel of political strategies of social control and domination. Since the second half of the 20th century, however, the extent of geographical movements of individuals has expanded enormously. In particular, the size and scope of international travel has increased at an exponential pace. Favored by globalization and technological progress, transnationalism, initially linked to migration, has emerged as a relatively widespread phenomenon that involves a growing portion of the general population, especially, but not only, in developed countries. Mainly on the basis of research carried out in Europe, there is evidence that transnational practices tend to strengthen cosmopolitanism and the legitimacy of supranational polities (particularly the European Union [EU]), while it is less clear whether they entail denationalization. Further research is needed to improve the quality of independent and dependent variables in this area and assess the effect of international mobility and transnationalism outside the European context.
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The Lisbon Treaty
Jacques Ziller
The expression “the Lisbon Treaty” (LT) is a shortcut to the treaties upon which the European Union (EU) has been based since December 1, 2009. During the “reflection period” that lasted from June 2005 to December 2006 three options were available: remaining with the European treaties as amended by the Nice Treaty; starting new negotiations in order to adopt some changes deemed technically necessary; or trying to get “the substance” of the Constitutional Treaty (CT) of 2004 approved in the form a new treaty. Most member states and the EU institutions were in favor of the third option. The negotiations that led to the adoption of the LT in December 2007 departed from the usual treaty amendment scenarios. The content of the LT is to a large extent similar to that of the CT, as most of the novel provisions of that treaty have been taken over as they were written in the CT and introduced in the existing European Community (EC) and EU treaties. Apart from a few institutional innovations such as the Permanent President of the European Council and the new voting system in the Council, most innovations with regard to the European communities are to be found in the details. The ratification process of the LT was difficult, as it was slowed down by the necessity to hold two referenda in Ireland, and to overcome the resistance of the President of the Czech Republic, an overt Euroskeptic. The negotiations of 2007–2009 shed some light on the importance in EU policy-making and especially in treaty negotiations of the epistemic community of legal experts and, more precisely, of experts in EU law. Events in the years 2010 and 2011 led to minor treaty amendments, shaping the present content of what is usually referred to as the LT. Whether Brexit and the EP elections of 2019 will lead to important changes remains unknown.
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The United States and the European Union
Roberto Dominguez and Joshua Weissman LaFrance
The history of the European Union (EU) is closely associated with the development of the United States. As the process of European integration has produced institutions and gained a collective international presence, the United States has been a close observer, partner, and often critic of the policies and actions of the EU and its member states. A steady progression of events delineates this path: the Marshall Plan, origins of European integration, the Cold War, the post–Cold War, 9/11 and its effects on the international system, the Great Recession, and the deterioration of global democracy. All throughout, the EU and the United States have both cooperated and collided with one another, in line with the combination of three main factors: (a) the evolution of the EU as an independent, international actor; (b) American strategies for engagement with Europe and then with the EU; and (c) the adaptive capacity and cohesion of the overall transatlantic relationship.
The EU–U.S. relationship is significant not only for the influential role of the EU in world affairs but also because, as opposed to China or Russia, the transatlantic area hosts one of the most solid relationships around the world. Crises surely have been, and will be, a frequent aspect of the intense interdependences on both sides of the Atlantic; however, the level of contestation and conflict is relatively low, particularly as compared with other areas that smoothly allow the flow of goods, services, people, and ideas. Taken altogether, then, the transatlantic relationship possesses a strong foundation: it is integral, resilient, and enduring over a history of diplomatic disagreements and conflicts. The primary question remains just how this steady stream and confluence of shared challenges ultimately will fare in face of evolving crises and systemic disruptors. In any case, the answer is determined by the enduring nature, and foreign policy choices, of the primary actors on each side of the Atlantic.
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Legitimacy and European Union Politics
Achim Hurrelmann
Political scientists use the concept of legitimacy to assess the rightfulness of political rule. Their research can approach legitimacy from two perspectives: When taking a normative approach, political scientists develop and justify their own evaluation of the rightfulness of political arrangements. When taking an empirical approach, they study how other people—such as political elites or citizens—evaluate the rightfulness of political rule.
Both approaches have been used in research on the European Union. Scholarly discussions that approach the EU’s legitimacy from a normative perspective revolve around the question of which standards of rightfulness are appropriate for the EU. These depend largely on how the EU polity is conceptualized: as a technocratic regulatory agency, an intergovernmental organization, a federation, a demoi-cracy, or a system of multilevel governance. Since the EU is hybrid polity that possesses elements of each of these models, and is therefore difficult to classify, no consensus has emerged in this debate.
Scholarship that approaches the EU’s legitimacy as an empirical phenomenon examines political attitudes and discourses in European society, asking whether, and why, societal actors treat the EU as legitimate. A diverse set of research methods—including public opinion surveys, content analysis of different kinds of texts, and qualitative interviews with citizens—have been applied to shed light on this question. While this research has not provided clear evidence of a “legitimacy crisis” of the EU, it does show that many Europeans relate to the EU with a sense of diffuse unease and skepticism, in part because they find it opaque and difficult to understand.
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