The European Union (EU) has developed an extensive body of environmental policies spanning a wide range of areas. No other international organization shapes the environmental affairs of its members to anywhere near the same extent. However, implementation of environmental policy has remained a persistent challenge, and Europeanization of member states’ environmental policies remains partial. There has not been a wholescale convergence of environmental policy, though the differentiation between leaders and laggards is not as stark as it once was.
The rules, regulations, and policies that make up EU environmental policy have increasingly impacted not only member states but also the wider world, and the EU has emerged as a key player in global environmental politics across a range of policy domains. It has been central to the creation of many international environmental regimes and has integrated environmental issues into a variety of facets of its external relations.
Looking forward, increasingly stark warnings from bodies such as the Intergovernmental Panel on Climate Change and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services should raise questions regarding existing responses to environmental challenges, which to a significant extent favor incremental over transformational change. The EU faces the task of responding to these profound challenges against the backdrop of increasing political turbulence at home and abroad. Over the past decade, the EU has been beset by profound challenges that have shaped both its internal and external environmental policies. At home, the EU has been shaken by the global financial crisis as well as the decision of the United Kingdom to withdraw from the EU. The EU’s external environment is to a growing extent shaped by nativist regimes such as Donald Trump in the United States and Jair Bolsonaro in Brazil, both of whom seem determined to undermine not just the foundations of global environmental governance but the rules-based international order more generally. The coming generation of scholarship on EU environmental policy will need to reflect upon how these competing forces serve to reshape the EU’s environmental policies.
12
Article
Environmental Policy and European Union Politics
Diarmuid Torney
Article
Aid, Political Conditionality, and Other International Efforts to Support Democracy in Africa
Christine Hackenesch
Support for democracy, human rights, and good governance reforms in Africa has become a prominent objective in engagement by European Union (EU) institutions, EU member states, and the United States with African countries since the early 1990s. Western actors have gradually increased democracy aid, used sanctions, and developed a range of other instruments to support political reforms on the continent. Academic research has analyzed the “substance” and “content” of political reforms that Western actors seek to promote, what instruments they use, and how effective these instruments are in different political contexts. This body of work comes to mixed conclusions as to whether and under what conditions external support has contributed to democratic reforms in African countries between 1990 and 2015. Yet, evidence suggests that external democracy support has made some positive contributions and has been more effective in Africa compared to other regions. However, after a period of 25 years during which democracy support gradually became an important element in the United States’ and European cooperation with African countries, this agenda is now under considerable pressure. Domestic challenges to democracy within Europe and the United States, domestic dynamics in African countries, and the rise of China as an alternative political model make it difficult for European and other external actors to contribute to political reforms on the continent. In this new era of uncertainty, there are three main areas to which policymakers as well as academic research should pay more attention. First, more debate is needed how the contestation of democratic norms in Europe and the United States affects not only the legitimacy but also the decision-making processes on democracy support. Second, more research is needed how urbanization, demographic change and digitalization and their combined effects influence political reforms in Africa and what implications emerge for democracy support. Finally, how China’s more proactive and assertive foreign policy will affect democracy support in Africa is an area that policy-makers and researchers should follow closely.
Article
Multi-Level Governance and Public Administration
Edoardo Ongaro
The literature on multi-level governance (MLG) and the field of the administrative sciences and public administration (PA) can be fruitfully integrated in order to generate knowledge about “the administrative dimension of MLG.” MLG may be defined by Piattoni as “the simultaneous activation of governmental and non-governmental actors at various jurisdictional levels” and perspectives derived from MLG may be applied to a wide set of issues spanning from political mobilization (politics), to policymaking (policy), to state restructuring (polity). It is along each of these sets of issues that it is possible to delineate the contribution that the field of PA can provide to the development of MLG. To MLG as political mobilization, the PA literature brings insights about participatory approaches and collaborative governance. To MLG as policy in multi-level settings, the PA literature brings insights about the functioning of multi-level administration and the role of a multi-level bureaucracy in policymaking processes occurring in compound political systems; the PA literature also contributes insights on public accountability in systems where decision responsibility is blurred, and issues of legitimacy arise. To MLG as polity restructuring, the PA literature offers insights on the administrative dimension of polity restructuring processes, as well as on the dynamics of systemic change and the change management of public governance arrangements. The study of MLG may benefit from drawing from a range of conceptual tools and models developed in the field of PA. Complementarily, PA as an interdisciplinary field of scholarship may benefit from the perspective of MLG, which provides it with a platform to expand the application of concepts like those of collaborative governance; bureaucratic influence on policymaking; public accountability in multi-actor, multi-level settings; or systemic-level change management. In this sense, the generation of knowledge about the administrative dimension of MLG is an addition to both MLG studies and to the field of PA.
Article
Leadership in the European Union
Lisbeth Aggestam and Markus Johansson
Leadership in the European Union is an empirical phenomenon that has increasingly come to attract scholarly attention. While a call for leadership in the EU is often heard, not least in times of crisis, it is also accompanied with a general reluctance to centralize powers. This leadership paradox has historical roots and has resulted in a dispersed type of leadership governance at the EU level. Scholarly work varies from mainly descriptive accounts of leadership by particular individuals to more theory-testing approaches to leadership.
The academic field of EU leadership studies contains variation along three primary dimensions: (1) how leadership is defined, (2) by which theories it is explained, and (3) through which empirical cases and approaches it is studied. First, there is a wide differentiation in the literature of how leadership is defined and approached as an object of study. Four leadership approaches can be distinguished in the literature, focusing on the role of individuals, an actor’s position, the process of leadership enactment, and the outcomes produced by leadership. Second, leadership in the EU has been theorized and explained in a variety of ways. Explaining leadership in the EU requires an understanding of what power resources different actors draw on, ranging from material to institutional and ideational powers. These sources often also translate into different types of leadership strategies. A substantial amount of research has departed from rational choice institutionalism, which highlights the importance of a formal position to exercise leadership. Sociological approaches have more recently attracted attention to conceptualize leadership as a social role based on the interaction between leaders and followers. Third, the empirical study of leadership in the EU encompasses a range of different approaches in terms of the type of actors studied, the issues covered, and the data and methods used. EU leadership studies include different types of leadership actors ranging from individuals to institutions, member states, and the EU itself as a global leadership actor. The empirical policy domains vary from issues relating to treaty amending processes, environment and climate policies, eurozone governance and crisis management, to foreign and security policy. Although comparative studies of leadership in the EU exist, the focus has predominantly been on single actors during particular policy processes. An increasing use of explicit comparative designs in the study of EU leadership could have the potential to further advance theory building in the scholarship of EU leadership.
Article
Future Scenarios of the European Union
Brigid Laffan
Debate on the future of the European Union (EU) never abates because the Union is a polity characterized by considerable change in its internal and external environment. Scenarios are an important tool in mapping possible futures for the Union as they bring underlying trends into focus. Four scenarios on the future of the EU are presented: disintegration, piecemeal adjustment, functional federalism, and a United States of Europe. The political and policy battle concerning the future of the Union is between scenario piecemeal adjustment, the dominant response to the crisis and to events on Europe’s borders, and functional federalism, defined as more integration but in defined fields. Piecemeal adjustment represents a Union that muddles through, incremental reform, whereas functional federalism represents a Union that garners sufficient political capacity to be more strategic in particular functional areas. Systemic disintegration is regarded as unlikely, but partial disintegration may occur because of the exit of the United Kingdom, challenges to a number of EU regimes, and the threats to the Union’s normative order from some member states. A united states of Europe, is highly unlikely as the member states are not in favor of transforming the Union into a state-like federation. The degree of contestation about the future of the EU precludes a transformation of the system at this juncture. Three intervening factors will have a major impact on the future of the EU: the profound changes in the global environment, turbulent politics in the member states, and the Franco-German relationship as a source of leadership in the Union.
Article
The Western Balkans and the European Union
Gentian Elezi
The European integration process of the Western Balkans has been experiencing considerable stagnation since 2010, although the regional states have been formally following the accession stages. In spite of the remarkable achievements in the 2000s in terms of stability and engagement in reforms, the European Union (EU) conditionality policy is experiencing shortcomings in terms of tangible impact. Due also to its internal problems, the EU appears to have lost its shine in influencing domestic political agendas of the Western Balkan countries as in the case of Central and Eastern Europe (CEE) and has gradually lost the support of citizens in the region. This has had several consequences in terms of rising authoritarian practices, slowing down EU-related reforms and compliance with the acquis, some return to nationalistic rhetoric, and openness to influences of other global actors from the East, which do not necessarily maintain good relations with the EU. The enlargement fatigue that has affected the EU since the 2008 global crisis has had repercussions inside the EU institutions and domestic politics of member states. These changes have been reflected in the Union’s approach towards accession countries, undermining the credibility of the integration process and its commitment to the Western Balkans. The weakening of credibility and predictability on this path, together with the poor state capacities that characterize the Western Balkans, have produced some regress of the democracy indicators.
The EU, with its conditionality, is still a determining factor in the trajectory of the countries of the region. However, there is a need to renew the commitments undertaken on both sides in order to make sure that the European perspective, stability, and democratization in the Western Balkans are irreversible and properly supported. The European Union is still considered the only game in town, but it has to face up to the enlargement fatigue and return to its leading role as an aspirational model for the Western Balkans.
Article
Cyprus and the European Union
Stelios Stavridis and Charalambos Tsardanidis
The Republic of Cyprus (or Cyprus) joined the European Union (EU) in May 2004 and adopted the single currency (the euro) in 2008. This article consists of three parts: it begins with a historical contextualization, explaining the reasons for Cyprus’ application for an Association Agreement with the (then) European Economic Community (EEC), and also examining the latter´s reaction and policy towards the 1974 Turkish invasion following a failed coup d´état against the Makarios Presidency that has led to a divided island since then (Part 1). In brief, what is known as the “Cyprus Problem.” This part also looks at the evolution of the Association Agreement during the period since 1975 which ended with the conclusion of a customs union Agreement between Cyprus and the European Community in 1987. The article next turns to an analysis of the Republic of Cyprus´ EU accession negotiations process (Part 2). It also covers the impact (or lack thereof) of various reunification plans, and most notably what is seen as the culmination of such efforts in the so-called 2002–2004 Annan Plans. The following section presents an assessment of how Cyprus has fared as a member state since it joined the EU (Part 3). It covers several key questions regarding the EU–Cyprus relationship. Whereas this article is not about the Cyprus problem itself, but as will be made clear throughout this study, it remains the dominant issue for the island. Others issues encompass EU relations with the Turkish-Cypriot community, the question of Turkey´s EU accession, the impact of the economic crisis of 2013, as well as energy security considerations following the discovery of gas in the region. The study concludes that being in the EU offers better perspectives for the Republic of Cyprus than if it had been kept outside it. If only because as the Accession Treaty makes it clear: it is the whole island that has joined the EU albeit the acquis communautaire cannot apply to the north, occupied, part of the Island following the invasion by Turkey. But all Cypriots are EU citizens. Yet, to a large extent, the experience of Cyprus prior to and after EU membership also reflects the kind of specific problems that a “small state” is facing in its international relations.
Article
Italy and the European Union
Federiga Bindi
Italy is a founding member state of the European Coal and Steel Community (ECSC) and, subsequently, the European Economic Community (EEC). At the time, membership meant anchoring the newborn Italian democracy, regaining international respectability after the Fascist period renewed vest internationally , and securing much-needed economic support to boost development. While in the 1950s the left side of the political spectrum vehemently opposed ECSC/EEC membership, starting with the late 1980s, European integration became the most important pillar of Italian foreign policy, an issue of shared consensus among different partiesa. The golden period for Italy – that is the phase when Italy was at the peak of its influence in the Communities - was the decade ranging from the mid 1980s to the mid 1990s,. At the time, Italian politicians such as Giulio Andreotti played fundamental roles in key moments of EEC/EU history: enlargement to the south, the single market, the Treaty of the European Union, and especially the creation of the euro are all key events in the history of the European Union which is safe to say would have never happened without the skillful contribution of Italy’s key government actors of the time. As European integration started again to be a contentious issue in domestic politics, so declined Italy’s influence. In more recent years: despite Italy’s formal status as a “big” member of the EU, Rome became less relevant than Madrid in EU decision making procedures. The parochial attitude of Italian elites, the incapacity of long-term programming, and relative government instability are all factors that have contributed to reducing the role of Italy in the EU.
Article
Humanitarian Aid and the European Union
Francesca Pusterla and Elia Pusterla
The European Union Humanitarian Aid Policy (EUHAP) operates through the European Commission’s Civil Protection and Humanitarian Aid Operations Department (DG ECHO) in international humanitarian crises to help victims of man-made atrocities and natural catastrophes worldwide. EUHAP is a subject of vibrant debates given its sensitive scope of intervention and institutional uniqueness. This results, first, in discussions of the reason and legitimacy of humanitarian aid as well as the goals and impact on domestic politics of both donors and recipients. Second, EUHAP is institutionally provided with parallel competences that allow simultaneous and autonomous interventions of the European Union and Member States in humanitarian crises. This means that the EU and Member States can formally carry out independent humanitarian aid without obligation to coordinate. This makes EUHAP particularly relevant regarding the role of the EU as a humanitarian aid provider, the relations between the EU and Member States, the policy governance, and the policy implementation principles.
First, coordination and cooperation between the EU and Member States are de facto essential, given the collective nature and global effects of humanitarian crises. Shared competence regulation through EUHAP may enhance the effectiveness of joint operations, overcome inefficient division of labor, and avoid divergence between intervention expected outcome and real performance.
Second, parallel competences give to the EU the formal competence to carry out humanitarian actions and conduct a common policy, while Member States’ autonomous actions are not prevented. Indeed, despite the undeniable benefits of multilateral intervention, Member States may opt for bilateralism due to concerns for domestic autonomy and sovereignty breaches. Such collective action problems risk affecting policy coherence and effectiveness.
Third, policy governance can make the difference in an effective and coherent EUHAP. This depends on the successful coordination of involved actors to avoid overlapping interventions, dispersion of resources, and particular political, economic, and bureaucratic interests to prevail. In so doing, Member States access the benefits of centralized coordination, monitoring, and division of labor and also avoid autonomy and sovereignty breaches.
Fourth, the application of a costs/benefits rationale to common humanitarian interventions is not per se sufficient to ground and overcome the drawbacks of collective action and explain EUHAP. As per its Treaties, or in line with international humanitarian law, the EU adopts and pursues a humanitarian aid policy based on shared principles of solidarity, humanity, impartiality, independence, and neutrality.
Article
Regionalist Parties and the European Union
Emanuele Massetti and Arjan H. Schakel
Regionalist parties are political actors that emphasize distinct ethno-territorial identities and interests vis-à-vis those of the entire state, advocating some forms of territorially based self-government in a view to protect, give voice to, and enhance those identities and interests. The tense relationships that these political actors often have with the central institutions leads them, in the European Union (EU) context, to identify the EU as a potential ally in their struggle against the state. Indeed, the EU system of multilevel governance, in which regional governments have obtained a considerable role, is also the result of a combined effect of regionalist parties’ pressure on member states from below and the process of European integration creating a favorable political framework from above. This putative alliance was celebrated, during the 1980s and 1990s, with the Maastricht Treaty representing a pivotal moment for the launch of the vision of a “Europe of the Regions.” However, the EU constitutional reforms of the 2000s (from the Treaty of Nice to the Treaty of Lisbon) fell rather short vis-à-vis regionalist claims, revealing the “illusionary character” of the “Europe of the Regions” idea. Since then, attempts to achieve “Independence in Europe” (through “internal enlargement”) have intensified in regions governed by strong and radical regionalist parties, such as in Catalonia and Scotland. These secessionist attempts have added further strain to an already under-stress EU political system. Indeed, far from acting as an ally of regionalist forces, the EU appears to have straddled between the role of a neutral observer and a supporter of member states’ territorial integrity.
Article
Russia and the European Union
Tom Casier
Relations between the European Union (EU) and Russia have gone through a dramatic journey from close partnership to confrontation. The narratives of the crisis that erupted over Ukraine in late 2013 and early 2014 are diametrically opposed. The root causes of the crisis are primarily related to colliding visions of the European order that have existed ever since the end of the Cold War. Yet, to understand why the escalation happened at that time, one also needs to understand the dynamics of a process of increasing tensions and dwindling trust. The Ukraine crisis was thus both the outcome of an escalation of tensions and a radical rupture.
In the run-up to the Ukraine crisis (2003–2013), EU–Russia relations were characterized by a Strategic Partnership. The latter was launched in 2003, closing a decade of asymmetrical EU-centric cooperation and redressing the balance in a formally equal partnership, based on pragmatic cooperation and a recognition of mutual interests. Despite high aspirations, the Strategic Partnership gradually derailed into a logic of competition. Tensions eventually crystallized around colliding integration projects: the Eastern Partnership (aiming at Association Agreements) on the EU’s side and the Eurasian Economic Union on Russia’s side. The crisis erupted specifically as the result of the choice Ukraine had to make between the two options. This choice radicalized the negative geopolitical reading that Moscow and Brussels had gradually developed of each other’s behavior.
Since the start of the Ukraine crisis (2014), EU–Russia relations have been characterized by a harsh confrontation in the field of high politics. The Strategic Partnership was suspended and the EU imposed sanctions in response to Russia’s annexation of Crimea and destabilization of Ukraine. Moscow retaliated and relations became highly acrimonious. Security-related issues dominate the agenda: Russia accuses the West of neo-containment, while Moscow is blamed for undermining the pan-European border regime and security order.
The stalemate between Russia and the EU (and by extension the Euro-Atlantic Community) is ambivalent. On the one hand, it has taken the form of a systemic crisis, where both parties risk running from incident to incident in the absence of effective pan-European instruments that may constrain or reverse the conflict. On the other hand, in the field of low politics, in particular trade and energy, business often seems to continue as usual.
Article
Finland and the European Union
Teija Tiilikainen
Finland joined the European Union together with Austria and Sweden at the beginning of 1995. At first glance, Finnish membership appeared as a rapid change of political orientation, given the inflexible policy of neutrality the country had maintained until the early 1990s. In spite of the brevity of national adaptation and consideration, the decision to follow Sweden and submit an application for EU membership was based on an overwhelming political consensus. All the major political elites, including party and interest organizations, key actors in the private sector, and the media were in favor of Finnish membership. In the referendum for EU membership in October 1994, membership was supported by 57% of the people.
A stable popular support characterized the Finnish EU policy for the first 15 years of its EU membership and distinguished Finland from its Nordic neighbours in the EU. The popular approach was anchored in a perception of EU membership representing a comprehensive change from the country’s difficult position in the Cold War era to full-fledged membership in the Western community. Finland thus joined the EU’s currency union as the only Nordic member state and adopted a constructive approach toward more integration in most policy fields. It was only in the context of the economic and financial crisis of 2008–2009 that Finnish public opinion became—at least temporarily—heavily polarized by the EU question. This resembled the situation in many other EU member states. During the two decades of Finland’s EU membership, the country has experienced a Europeanization of its political system and legislation. EU membership has contributed to a further parliamentarization of Finland’s semi-presidential political system with EU affairs being designated to the powers of the government and coordination of policies taking place at the prime minister’s office. Due mainly to EU membership, the Finnish Parliament has also become an influential actor in foreign and European policies.
Finland has smoothly adjusted to the EU’s policies and has become a persistent proponent of the EU’s unity in external relations. Since the first years of its EU membership, the country has been in favor of majority decisions and a stronger role played by the commission and the EP in the Common Foreign and Security Policy (CFSP). It has also gone through a major change in its legislation on crisis management and the tasks of defense forces to be able to better fulfill membership commitments to the EU’s security and defense policies.
After the polarization of EU opinion taking place in the framework of the general elections of 2011, and leading to the emergence of an anti-EU “Finns Party” as the third-largest party in Finland, a more consensual atmosphere has recently returned with increasing levels of public support to EU membership. The Finns Party first made its way to the governmental coalition together with the two largest center-right parties in 2015, which significantly softened its EU criticism and moved its focus to an anti-immigration agenda. Finally, in 2017 the Finns Party was split into two parts with the more moderate part practically failing to establish itself in parliamentary or European elections of the spring 2019.
Article
Iran and European Union Politics
Sebastian Harnisch
The Islamic Republic of Iran and the European Union (EU) have not yet established formal diplomatic relations, but since 1979 the Union and its member states have had various strong if often conflictual interactions. The relationship has been marked by distinct phases that reflect the emerging character of the partners, a theocratic republic on the one hand and a Union of interdependent democratic states on the other. While mutual economic interests have formed the basis for substantial interactions, relations with member states and the EU itself have been colored by a long and sometimes hurtful history of European states’ role in Iranian politics, including the Russian and British imperial influence over Persia in the late 19th and early 20th century, the British (and American) involvement in the coup against democratically elected Prime Minister Mohammad Mosaddeq in 1953, and the French hosting of Ayatollah Ruhollah Khomeini, an avowed critic of the Pahlavi dynasty, prior to the anti-authoritarian revolution in 1979. Over time, the relationship has substantially shaped the character and direction of the politics of the EU’s common foreign and security policy, resulting in more policy coherence between member states and the EU, more policy autonomy, particularly vis-á-vis the United States, and more proactive behavior, such as during the nuclear negotiations leading to the Joint Comprehensive Plan of Action (in 2015). By engaging with a problematic member of the nonproliferation treaty, the EU not only specified and thus strengthened the treaty, but it also grew into an international nonproliferation actor to reckon with.
Article
Croatia and the European Union
Pero Maldini
Croatia’s accession to the European Union (EU) meant, in political terms, the recognition of its political and normative-institutional achievements in the establishment of a nation state and the democracy. At the same time, for the vast majority of Croatian citizens EU membership also had a symbolic meaning: a departure from the troubled past and a return to the Western, European cultural circle, which they have always felt they belong to. This feeling is the source for the strong pro-European orientation, which, as state independence was being achieved, and democracy established—as an expression of the strong political will of Croatian citizens for freedom and autonomy—helped achieve those historical and political goals. The EU was perceived as a framework that would enable those goals to be realized, so there was a general political consensus about joining it among all relevant political actors, and the vast majority of Croatian citizens granted their consent.
The path to full EU membership was long and arduous, primarily because of the specific conditions that marked the process of establishing a Croatian state and a democratic order. On the one hand, these are endogenous structural and socio-cultural factors: the structure and activity of political actors and the functioning of institutions, which were significantly marked by their authoritarian political and historical legacy. On the other hand, was a war of aggression and a struggle for freedom and independence with long-lasting and difficult social and political consequences. These specific conditions—which none of the other acceding countries had—slowed down the process of democratization and, consequently, hampered the EU accession process.
All these reasons are why Croatia had the most comprehensive and longest accession negotiations, including the most extensive body of pre-accession conditions. Although the extent and duration of negotiations, as well as the lack of expected support from the EU (especially during the war) have led to an increase in Euroskepticism and criticism of the EU—and consequently to the low turnout in the referendum for accession—the pro-European orientation remained dominant in Croatia. In general, public support for EU accession in Croatia was based on a set of mutually connected factors: identity-based (cultural affiliation), institutional-political (democracy), and utilitarian (socioeconomic benefits).
In the period after joining the EU, due to insufficient preparation, Croatia has relatively slowly used the opportunities (especially economic) provided by EU. Nevertheless, EU membership has accelerated the increase in institutional capacity and better use of European Structural and Investment Funds (ESIF). At the same time, the free movement of people, goods, capital, and services, and the opportunities brought by the open EU market, had a double impact: strengthening the economy due to greater orientation toward the EU market, but also slower economic growth, due to structural problems (the lingering power of the state, and regulations to the economy and the market) and increased emigration of the highly educated younger population (chronic labor-force deficit).
Nonetheless, through Croatia’s participation in the EU institutions, the real benefits of full membership are becoming increasingly visible, and the sense of integration in the EU’s social, political, cultural, and economic space is growing stronger. At the same time, EU membership affects further improvement of the normative-institutional framework of Croatia.
Article
Belgium and the European Union
Edith Drieskens
Belgium is one of the six founding members of European integration, but it is often seen as a special one. In both policy and research, the country is widely known as the “heart of Europe.” It even sells itself to the outside world in this way. This metaphor has a double meaning, a literal and a figurative one. First, Belgium’s capital, Brussels, qualifies as the unofficial capital of the European Union. This meaning is strongly supported by facts, with the city hosting the most numerous and the most important institutions. The second meaning requires more detailed consideration. Indeed, and second, Belgium is perceived to be the most European of all European countries, even prepared to exchange sovereignty for supranationalism at any time and any price. A closer look at data, decisions, and developments shows, however, that while support for European integration is widespread, it is not omnipresent either in time or in place. Particularly in Flanders, the northern part of the country, support has been less obvious than elsewhere.
Indeed, to understand Belgium and/in the European Union, one also has to understand the functioning of Belgium as a federal state composed of communities and regions, thus as a system of multilevel governance. While it is not the only federation among European Union member states, it uniquely combines a wide variety of federal characteristics. Most importantly here, the gradual process of federalization that Belgium has experienced has given the federated entities a strong voice in European Union decision-making. Member states still need to speak with one voice, however, resulting in a complex system of coordination and representation. The possibilities and realities of this system have attracted quite a lot of scholarly interest. The same goes for the rather fundamental question of whether the European Union and federated entities should be seen as unintended partners in the hollowing out of the federal state or whether the opposite holds true and the European Union is coming to Belgium’s rescue. The jury is still out on this, though the answer seems to be growing more and more complex as time passes.
Article
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.
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
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
Justice and Home Affairs in the European Union
Florian Trauner and Ariadna Ripoll Servent
Justice and home affairs (JHA) is one of the most salient policy fields at European Union (EU) level. It deals with issues closely related to the sovereignty of member states including immigration, borders, and internal security. This article takes stock of the policy’s development and current academic debates. It argues that EU justice and home affairs is at a crossroads. Most EU actors underline the value added of European cooperation to tackle transnational threats such as terrorism and organized crime as well as the challenge of international migration. Indeed, the EU has increased its operational cooperation, data-sharing and legislative activities. The EU home affairs agencies, notably the European Police Office (Europol) and European Border and Coast Guard Agency (Frontex), have been substantially empowered. Yet JHA has also become a playing field for those attempting to politicize the European integration process. Therefore, recent years have seen major conflicts emerge that risk fragmenting the EU. These include controversies over the distribution of asylum seekers within the EU and the upholding of rule of law standards in some Eastern European states. Scholars have followed these developments with interest, contributing to a multifaceted and rich literature on aspects such as the dynamics of EU decision-making and the policy’s impact on the member states’ respect for fundamental rights and civil liberties. Promising avenues of further research include the implications of the politicization of the field and the consequences of ever more interconnected internal security databases and technologies.
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.
12