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Comitology: Controlling Everyday Rule-Making in the European Union  

Jens Blom-Hansen

Rules issued by the European Commission, based on powers delegated by the Council of Ministers and the European Parliament, constitute the vast majority of all EU rules. They regulate the daily operation of common policies in all areas. Because the devil is often in the details, Commission rules are tightly controlled by the member states. This traditionally takes place in the so-called comitology system, which is a system of 200–300 member state committees set up to control and approve draft Commission rules. Comitology dates back to the early 1960s, when the Common Agricultural Policy was introduced. The institutional setup of the comitology system is a four-tiered structure composed of Treaty rules, framework rules, daily legislation, and the formal and informal working practices in the individual comitology committees. The Treaty of Lisbon gave the comitology system a major overhaul and introduced new types of Commission rules, delegated acts, and implementing acts. Research on comitology has focused on the purpose and design of the system and its daily workings. Relevant research questions for future studies include the legislative choice between delegated and implementing acts, the daily workings of the comitology committees, lobbying of comitology committees by interest groups, introduction of comitology through the back door in the delegated acts system, and the relationship between comitology and the new rule-making role of European agencies.

Article

Key Actors in the Management of Crises: European Union  

Arya Honarmand and Mark Rhinard

In Europe, the management of severe, cross-border crises is shared increasingly among actors and institutions at local, national, and supranational governance levels. The supranational political system of the European Union (EU) allows for substantial delegation of collective powers for public policymaking—and that delegation extends to crisis-management-related policies. Those policies and the crisis management “capacities” they lead to, however, are diverse and fragmented. They span the EU’s institutions, cover multiple sectors, and reflect different degrees of EU legal competence. The European Commission and its agencies house and manage most crisis-related policies, while the Council of Ministers of the European Union has its own capacities and provides a degree of political direction. EU agencies, and the European External Action Service (since 2010), contain yet more crisis-management-related capacities. These developments have grown mainly through crisis-driven expansion, albeit in an incremental and dispersed way, followed by consolidation. Scholars from the fields of international relations, public administration, and security studies have been slow to identify these developments. New research is needed on the subtle dynamics driving policy growth, the effectiveness and efficiency of these arrangements, and the comparative dimension with other regional crisis management systems in the world.

Article

Higher Education Policy in the European Union  

Dorota Dakowska

Whether higher education (HE) can be defined as a European Union (EU) policy has been matter of debate. Formally, education is still a domestic prerogative, and in principle, the EU can only support and supplement national governments’ initiatives in the sector. Yet, this official division of tasks has been challenged in many ways over the last decades. First, the history of European integration shows that the European community took an early interest in educational matters. The Treaty of Rome established a community competency on vocational training. Subsequently, the European Commission framed HE and vocational training as two entangled policies. Second, the EU institutions, the member states, and noninstitutional actors have coordinated in innovative ways, through soft governance processes promoted by the Bologna Process and the EU Lisbon—and later Europe 2020—strategy, to impose a European HE governance based on standards and comparison. Third, the study of HE requires going beyond an EU-centric perspective, with international organizations such as the OECD and the Council of Europe cooperating closely with the European Commission. HE has been increasingly shaped by global trends, such as the increased competition between universities. The mechanisms of European HE policy change have elicited academic debates. Three main explanations have been put forward: the power of instruments and standards, the impact of the Commission’s funding schemes, and the influence of interconnected experts, stakeholders and networks. Domestic translations of European recommendations are highly diverse and reveal a gap between formal adaptations and local practices. Twenty years after the Bologna declaration, the European Higher Education Area (EHEA) presents a mixed picture. On the one hand, increased mobility and the growing interconnectedness of academic schemes facilitate the launch of ambitious projects such as the “European universities.” On the other hand, concerns are periodically raised about the growing bureaucratization of the process and the widening gap between the small world of the Brussels stakeholders and everyday academic practices in EHEA participant countries. Paradoxically, smaller and non-EU countries have been more actively involved in advancing the EHEA than large, older EU member states.

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.