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13581. Divided Government European Style? Electoral and Mechanical Causes of European Parliament and Council Divisions

Author:
Philip Manow and Holger Döring
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Voters who participate in elections to the European Parliament tend to use these elections to punish their domestic governing parties. Many students of the EU therefore claim that the party-political composition of the Parliament should systematically differ from that of the Council. This study, which compares empirically the party-political centers of gravity of these two central political actors, shows that opposed majorities between Council and Parliament may have other than simply electoral causes. The logic of domestic government formation works against the representation of politically more extreme parties, and hence against more EU-skeptic parties in the Council. At the same time, voters in EP elections vote more often for these more extreme and more EU-skeptic parties. The different locations of Council and Parliament in the pro-/contra-EU dimension may thus be caused by two – possibly interrelated – effects: a mechanical effect, due to the translation of votes into seats and then into ‘office’, and thus also into Council representation, and an electoral effect in elections to the European Parliament. The paper discusses the implications of this fi nding for our understanding of the political system of the EU and of its democratic legitimacy.
Topic:
Government, Politics, and Regional Cooperation
Political Geography:
Europe

13582. Constructivist Approaches in International Relations Theory: Puzzles and Promises";

Author:
Antje Wiener
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
By raising the question of what made constructivism possible the paper discusses the puzzle and promises of constructivist scholarschip in IR. It is argued that the communicative style which coined constructivism as a movement provides the key. Two puzzles are the focus, first, a lack of epistemological overlap, secondly, a disciplinary culture of consecutive debates which reached their high point of non-communication with the so-called Third Debate. However, while the constructivist movement gathered influence as a reference frame in the late 1990s, it is neither genuine to international relations theory nor does it originate in the 1990s. Why and how did constructivism manage to bring such a diverse group of scholars to one table? Section 2 of the paper develops the argument and introduces the concept of framing to understand the puzzle of conversation in IR. Section 3 recalls the emergence of constructivism, identifies the theoretical discussions and the significant conceptual moves. Section 4 summarizes the value-added and flags 'norms' research as the core of constructivist political science.
Topic:
International Relations, Development, Education, and Politics

13583. The Problem of Legitimacy in the European Polity. Is Democratization the Answer?";

Author:
Ulrich K. Preuss and Claus Offe
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The authors discuss potential sources of legitimacy of the EU, i. e. of the normative bindingness of its decisions. After rejecting the views that such legitimacy is either not needed, not feasible, or provided for already, they focus upon the corrosive impact of the EU upon democratic legitimacy within member states. Brussels-based 'governance' is essentially uncontested and can hardly provide for the legitimacy that results from the interplay between government and opposition within nation states. The problem boils down to achieving legitimacy in the absence of the political community of a 'demos'. The paper outlines a solution to this problem that relies on the apparently oxymoronic model of a 'republican empire' - a political community, that is, which is held together not by the bonds of some presumed sameness, but, to the contrary, by the shared contractual recognition of the dissimilarity of its constituent parts from which legitimacy can flow.
Topic:
Democratization, Development, and Politics
Political Geography:
Europe and Brussels

13584. European Constitutional Identity?

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The language of common European constitutional identity is distinguishable from that of common European constitutional traditions in that the former does not focus so centrally on the past, and is independent of the legal doctrinal language of the EU law. When discussing constitutional identity, there are, in particular, the following four questions which deserve to be addressed: (1) What are we doing when we are “constructing” the European constitutional identity; what are the features of the interpretation leading to such a construction? (2) What values/ideals/principles are a part of our constitutional identity? (3) How does European constitutional identity relate to the specific constitutional identities of European nation-states? (4) What is the relationship between the discourse about political integration within the EU and the existence of European CI, as separate from, and paramount to, identities of member states? On that last issue it is submitted that there is no simple connection between ascertaining the dominant identity at a particular level and the implications for the division of authority between the European and national levels within the EU.
Topic:
Government, International Cooperation, and Nationalism
Political Geography:
Europe

13585. The Relation between Democracy and Religion: Towards a European Discursive "Model";?

Author:
Camil Ungureanu
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
In this paper we advance the argument that, under certain socio-political and cognitive conditions, the manifestation of religion in the opinion-oriented public spheres can have an inherent value for democratic life. However, it is only after processes of selective interpretation and transformation through inclusive discursive practices that religious semantic contents may legitimately influence decisional interpretations of constitutional principles and rights. This “model” draws on republicanism and deliberative democracy: given that these two conceptions do not start out from an abstract principle of liberty as non-interference but from a multidimensional conception of freedom embedded in various historical contexts of mutual recognition, they are more predisposed to provide conceptual resources for envisaging a discursive relation between democracy and religion.
Topic:
Democratization, Economics, Politics, and Religion
Political Geography:
Europe

13586. Current Legal Issues in the External Relations of the European Union

Author:
Michel Petit
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper is based on a lecture delivered during the Academy of European Law Summer School 2006. It provides an examination from a legal perspective of three current themes in the external relations of the European Union. First, the legal implications of the pillar structure for external relations, including recent case law and practical issues arising from the application of Article 47 TEU, the borderline between Community external policies and the Union's common foreign and security policy, and practical interpillar cooperation. It concludes that it is easier to combine the pillars by means of pragmatic solutions, whereas it is much more difficult in the case of a strictly legal construction which takes into account the requirements of Union coherence and the separate character of each pillar. Second, the paper turns to the balance between Member States and the European Union/Community in external policy and in particular the application of the “AETR test” in recent case law including the “Open Skies” cases, the Lugano Convention Opinion and the “Mox Plant” case. It concludes that a proper application of the AETR remains a practical challenge that transcends the narrow issue of pure legal deduction as to whether Community competence is “affected” or not. And third, the paper considers the position of the EU within, and participation in the work of, international organisations such as the United Nations, the WHO and the WTO. The paper concludes by emphasising the need for collaboration between the institutions and for pragmatic solutions to the problems that are inevitable while the Union retains its current complex structure.
Topic:
International Relations, Development, and International Law
Political Geography:
Europe

13587. 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union

Author:
Wojciech Sadurski
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national constitutional systems, on the basis of their being the guardians of national standards of protection of human rights and of democratic principles. In doing so, they entered into the well-known pattern of behaviour favoured by a number of constitutional courts of the “older Europe”, which is called a “Solange story” for the purposes of this article. But this resistance is ridden with paradoxes, the most important of which is a democracy paradox: while accession to the EU was supposed to be the most stable guarantee for human rights and democracy in postcommunist States, how can the supremacy of EU law be now resisted on these very grounds? It is argued that the sources of these constitutional courts' adherence to the “Solange” pattern are primarily domestic, and that it is a way of strengthening their position vis-à-vis other national political actors, especially at a time when the role and independence of those courts face serious domestic challenges.
Topic:
Democratization and Government
Political Geography:
Europe

13588. Self-regulation in European Contract Law

Author:
Fabrizio Cafaggi
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper addresses self-regulation as a complementary means to harmonize and regulate European Contract Law. In the context of the paper SR is conceived as a complementary device to legislation and as a monitoring device to verify ECL implementation.
Topic:
Economics, Markets, and Politics
Political Geography:
Europe

13589. Multi-Level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System

Author:
Ernst-Ulrich Petersmann
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The fragmented nature of national and international legal and dispute settlement regimes, and the formalistic nature of the customary international law rules on treaty interpretation and conflicts of laws, offer little guidance on how national and international judges should respond to the proliferation of competing jurisdictions and the resultant incentives for forum shopping and rule shopping by governments and non-governmental actors in international economic law. Due to their different jurisdictions, procedures and different rules of applicable laws, national and international judges often interpret international trade law from different (inter)national, (inter)governmental, constitutional and judicial perspectives. This paper explores the judicial functions of national and international judges to reach justified decisions based on positive law, on the basis of transparent, predictable and fair procedures, and to interpret international treaties “in conformity with principles of justice.” Chapters I to III explain some of the “principles of justice” underlying international trade law and argue that international rules for a mutually beneficial division of labour among private citizens should be construed with due regard to the human rights obligations of governments. Chapters III and IV propose to strengthen international cooperation among national and international courts, for instance by negotiating additional WTO commitments to interpret domestic trade laws in conformity with the WTO obligations of the countries concerned and to settle WTO disputes over private rights primarily in domestic courts, without transforming essentially private disputes into disputes among governments.
Topic:
Development, Government, International Trade and Finance, and Non-Governmental Organization
Political Geography:
Europe

13590. State Sovereignty, Popular Sovereignty and Individual Sovereignty: from Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?

Author:
Ernst-Ulrich Petersmann
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper discusses the basic constitutional problem of modern international law since the UN Charter: How can the power-oriented international legal system based on “sovereign equality of states” be reconciled with the universal recognition of “inalienable” human rights deriving from respect for human dignity and popular sovereignty? State representatives, intergovernmental organizations, international judges and non-governmental organizations often express different views on how far the universal recognition of human rights has changed the subjects, structures, general principles, interpretative methods and “object and purpose” of international law (e.g. by the emergence of erga omnes obligations and jus cogens limiting state sovereignty to renounce human rights treaties, to refuse diplomatic protection of individuals abroad, or domestic implementation of international obligations for the benefit of domestic citizens). The paper explains why effective protection of human rights at home and abroad requires multilevel constitutional protection of individual rights as well as multilevel constitutional restraints of national, regional and worldwide governance powers and procedures. While all European states have accepted that the European Convention on Human Rights and EC law have evolved into international constitutional law, the prevailing paradigm for most states outside Europe remains “constitutional nationalism” rather than “multilevel constitutional pluralism.” Consequently, European proposals for reforms of international economic law often aim at “constitutional reforms” (e.g. of worldwide governance institutions) rather than only “administrative reforms”, as they are frequently favoured by non-European governments defending state sovereignty and popular sovereignty within a more power-oriented “international law among states.”
Topic:
Economics, Nationalism, Politics, and Sovereignty
Political Geography:
Europe and United Nations