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Article

Transport Policy and European Union Policy  

Cyril Alias, Bernd Kleinheyer, and Carla Fieber-Alias

In an integrated European Union, transport would be expected to be a major enabler of economic development and consumer services. This role, however, was not acknowledged, though laid down in initial treaties, until 30 years into the EU’s existence. A verdict of the European Court of Justice condemning the longstanding inactivity of the European Council and subsequent efforts toward a dedicated policymaking have changed the significance. The regular definition and monitoring of goals and objectives in European transport policy by means of White Papers and trans-European transport networks guide public attention to the policy area. From an initial stage, when transport was considered as a functional enabler for cooperation after World War II, transport has evolved toward a Community task, featuring a long phase of stagnation and a sudden change to actionism after the court verdict. From the 1990s onward, goals like liberalization, cohesion, environmental protection, modal shift, competitiveness, globalization, and resource efficiency characterize European transport policy. Despite the output failure in European transport policy over many years, the Single European Market propelled transport onto the center stage of European policies and later made it a key object of sustainability policies. This change in focus has also attracted citizens’ attention with the effect that the EU needs and manages to portray itself as an interactive and accountable legislator dialoguing with its population. This new openness is a mere necessity if the EU wants to pursue its goal of a Single European Transport Area that is both supported by its business and citizens. At the same time, European transport policy is subject to numerous external influences—both by other European and national policies and different stakeholder interest groups. The ordinary legislative procedure is preceded by the initial agenda setting over the proposal planning and issuing and ranges from the proposal to three readings before being passed by European Parliament and Council of Ministers. The stakeholders accompany the whole process and influence it at different stages. Several examples from the history of European transport policymaking are proof of this.

Article

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.

Article

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.

Article

Serbia and the European Union  

Matteo Bonomi and Milica Uvalic

Serbia is negotiating European Union (EU) membership, a process that started in 2014 after the Brussels-mediated agreement between Kosovo and Serbia was signed in April 2013. Although the Federal Republic (FR) of Yugoslavia (Serbia and Montenegro) was officially included into the EU’s Stabilization and Association Process soon after the fall of the Milošević regime in October 2000, complex political issues have prevented its faster progress toward the EU. EU measures after 2001 in the areas of financial assistance, trade, and legal harmonization have sustained in a major way the country’s political and economic reforms, facilitating fast economic integration with the EU economy, financial and banking integration, the adoption of many laws in conformity with the acquis communuataire, new business opportunities, and increasing foreign direct investment. However, the Serbia–EU integration process has also been accompanied by strict political conditionality that has greatly delayed the establishment of contractual relations. Despite major efforts of various governments to comply with EU conditions, it was only in late April 2008 that Serbia concluded a Stabilization and Association Agreement with the EU, which has paved the way for obtaining candidate status in 2012 and the opening of EU accession negotiations in 2014. In the meantime, EU’s enlargement negotiations framework has been strengthened further, making the negotiation talks much more complex and demanding. In addition to Serbia’s insufficient compliance with accession criteria, particularly reforms of the judiciary and public administration, the contested issue of Kosovo’s independence continues to pose a major threat to Serbia’s entry into the EU. Despite the absence of a common position on the part of the EU, given that Kosovo has still not been recognized by five EU member states, the limited progress in the Belgrade–Priština EU-facilitated dialogue represents one of the major obstacles for Serbia’s EU membership. Serbia’s entry into the EU, which could possibly take place in 2025, is likely to bring many benefits to the country and its population, but also to the EU, as this is a region of not only risks but also opportunities.

Article

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.

Article

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.

Article

Democratic Backsliding in the European Union  

Nick Sitter and Elisabeth Bakke

Democratic backsliding in European Union (EU) member states is not only a policy challenge for the EU, but also a potential existential crisis. If the EU does too little to deal with member state regimes that go back on their commitments to democracy and the rule of law, this risks undermining the EU from within. On the other hand, if the EU takes drastic action, this might split the EU. This article explores the nature and dynamics of democratic backsliding in EU member states, and analyses the EU’s capacity, policy tools and political will to address the challenge. Empirically it draws on the cases that have promoted serious criticism from the Commission and the European Parliament: Hungary, Poland, and to a lesser extent, Romania. After reviewing the literature and defining backsliding as a gradual, deliberate, but open-ended process of de-democratization, the article analyzes the dynamics of backsliding and the EU’s difficulties in dealing with this challenge to liberal democracy and the rule of law. The Hungarian and Polish populist right’s “illiberal” projects involve centralization of power in the hands of the executive and the party, and limiting the independence of the judiciary, the media and civil society. This has brought both governments into direct confrontation with the European Commission. However, the EU’s track record in managing backsliding crises is at best mixed. This comes down to a combination of limited tools and lack of political will. Ordinary infringement procedures offer a limited toolbox, and the Commission has proven reluctant to use even these tools fully. At the same time, party groups in the European Parliament and many member state governments have been reluctant to criticize one of their own, let alone go down the path of suspending aspect of a states’ EU membership. Hence the EU’s dilemma: it is caught between undermining its own values and cohesion through inaction on one hand, and relegating one or more member states it to a second tier—or even pushing them out altogether—on the other.

Article

The Common Fisheries Policy  

Troels Jacob Hegland and Jesper Raakjaer

The Common Fisheries Policy (CFP) is rooted in the Treaty of Rome. After its completion in 1983, the policy framework was gradually reformed through decennial reviews in 1993, 2003, and 2014. Due to geopolitical, physiographic, and historical reasons, the EU implementation of the CFP is most developed in the North Atlantic Ocean, the North Sea, and the Baltic Sea, and less developed in the Mediterranean and Black Sea. However, the CFP applies throughout European Union (EU) waters, which that are treated as a “common pond.” The CFP has been heavily contested since its introduction, and over long periods was characterized as a management system in crisis. Historically, the CFP has arguably struggled to perform and the policy’s ability to meet its objectives has not uncommonly been undermined by factors such as internally contradictory decisions and inefficient implementation. Since the turn of the century, the policy has changed its course by incrementally institutionalizing principles for a more environmentally orientated and scientifically based fisheries management approach. In general, in the latest decade, fisheries have become increasingly sustainable in both environmental and economic terms. An increasing number of fish stocks under the CFP are being exploited at sustainable levels—a development that is likely to continue, as fish stocks are coming to be more commonly managed along the lines of science-based multi-annual management plans. Consequently, many fishing fleets, particularly those deployed in northern waters, have shown good economic performance in recent years. This development has been further facilitated by the introduction of market-based management principles; in most member states these have been implemented by granting de facto ownership to fishing rights for free in the name of ecological and economic sustainability. This has, however, in many cases also led to huge wealth generation for a small privileged group of large-scale fishers at the expense of small-scale fisheries and smaller fishing communities, as well as society at large; this situation has led to calls for both a fairer distribution of fishing rights—to protect the small-scale sector—and for a resource rent or exploitation fee to be collected for the benefit of society at large, which is the true owner of fishing resources. Consequently, social sustainability, understood as the improved well-being of fishing communities and a fairer sharing out of the benefits derived from fisheries resources, should be a subject for the CFP to consider in the future.