Home > Conferences and Events > Calendar of Events > Zagreb 2005 > Research Session 1
UACES
35th Annual Conference and 10th Research
Conference
The
European Union: Past and Future
Enlargements
Research Session 1
UACES reserves the right at all times to make changes to the programme where necessary.
Session 1 | Session 2 | Session 3 | Session 4 | Session 5 | Session 6 | Full Programme
Monday, 5 September (11:15-12:45)
The panels listed in the table below are followed by the abstracts for each of the papers.
|
The EU
and its South-Eastern Neighbourhood |
|
EU
Foreign Policy I Chair: Karen Smith (k.e.smith@lse.ac.uk) Papers: Jorgensen, Ozer, Pardo, Smith |
|
Relations with the Unions’ ‘Near Abroad’: EU and Ukraine Chair: Lúcio Vinhas de Souza (lucio-mauro.vinhas-de-souza@cec.eu.int) Papers: Hammermann, Schweickert/Vinhas de Souza |
|
Understanding the Impact of EU Enlargement Chair: Wojciech Forysinski (wojciech.forysinski@emu.edu.tr) Papers: Galent, Laulhe Shaelou, Piedrafita Tremosa |
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Policy-Making: The Environment and Agriculture Chair: Jenny Fairbrass (j.fairbrass@bradford.ac.uk) Papers: Barnes, Bursens/Baetens, Usui |
|
An
Enlarged Area of Freedom, Security and Justice Chair: Jackie Gower (jackie.gower@kcl.ac.uk) Papers: Goldner, Kaunert, Leonard |
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Governance and the Internal Market Chair: Lee McGowan (l.mcgowan@qub.ac.uk) Papers: Clifton/Comin/Diaz Fuentes, Johnson, Jozon, Raviv |
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Postnational Constitutionalism and Ratification of the Constitutional Treaty Chair: Neil Walker (neil.walker@iue.it) Papers: Albi, Liebert |
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Voting Power in an Enlarged EU Chair: Chris Flood (c.flood@surrey.ac.uk) Papers: Lefevre, Pereira/Stoia, Widgrén/Baldwin |
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The EU and 'Outsiders' Chair: Ann Kennard (ann.kennard@uwe.ac.uk) Papers: Blockmans, Lazowski |
|
Women's Lives under Socialism -
A Film Presentation Those wishing to attend this session should pre-register by sending an email to admin@uaces.org. |
Albi, Anneli
(University
of Kent, a.albi@kent.ac.uk)
Ratification of
the European Constitution: The Role of Post-national Perspectives to
Constitutionalism in the National Debates
The European
Constitution, which was officially signed in Rome in October 2004, is currently
undergoing the ratification process in the Member States.
Its reception
into national constitutional orders raises questions of fundamental importance
because constitutions have traditionally been associated with states. However,
an increasing amount of post-national literature suggests that constitutions can
exist in non-state contexts, such as the EU as a novel sui generis
organisation. The central aim of this paper will be to examine to what extent
national constitutional doctrine has encompassed these recent theoretical
perspectives. To this end, the paper will explore the national constitutional
debates regarding the ratification of the European Constitution, with a special
focus on the relevant decisions of the constitutional courts.
Baracani, Elena (University of Florence,
Italy, elena.baracani@student.unfi.it)
Democracy Promotion in
the Context of the European Neighbourhood Policy
This paper wishes to
contribute to the debate on the importance of international factors in the
internal process of democratization, presenting an empirical assessment of the
gravity model variable. At the beginning of the XXIst century the European Union
is one of the most important international actor in the field of democracy
promotion toward third states, and it is widely recognized that it has succeeded
in favouring a fast democratization of Central and Eastern European candidate
countries in just over a decade, through the main instrument of political
conditionality and the incentive of membership. In this work I will describe
main similarities and differences between the strategies of democracy promotion
towards candidate and neighbour countries, to assess whether the European
Neighbourhood Policy can succeed in democratizing the outer European periphery
without offering the incentive of full political integration. In particular, the
analysis focuses on the case-studies of Turkey (a candidate country) and Morocco
(a neighbour country) and is based on qualitative research methods.
Bickerton, Christopher (University
of Oxford,
christopher.bickerton@politics.ox.ac.uk)
Enforcing
Autonomy: EU Expansion, State-Building and the Limits of Good Governance in
Central and Eastern Europe
This paper
argues that the process of European Union (EU ) accession shares a number of
features with state-building missions carried out by the international community
in Kosovo, East Timor and elsewhere. As a result, accession illustrates trends
that go beyond the sui generis features of European expansion, and which
tie in with the broader dynamics of contemporary global politics. What both
state-building and EU accession have in common is their attempt to refashion the
state and the political sphere in the name of autonomy and empowerment.
However, the attempt to ‘enforce autonomy’, through conditionality in the EU’s
case and through international administration in the case of state-building,
tends to undermine the very autonomy which the EU and international
administrations are seeking to construct. It follows that neither
state-building nor EU accession are particularly useful as models for ‘good
governance’ in the wider world. It also follows that EU membership is not, as
is often supposed, the solution to the protectorates in Bosnia and Kosovo. This
paper brings together the literatures of EU enlargement, post-communist
transition, and state-building, with the aim of generating new insights on the
limits of outside intervention both in Europe and beyond.
Barnes, Pamela
(University of Lincoln,
pbarnes@lincoln.ac.uk)
Accepting
the Unacceptable: The EURATOM Treaty Revisited
The EU 25 is
70% dependent on imported energy supplies. Alternative sources of energy cannot
be found which are either technically or economically viable within an
acceptable timeframe. The EU states cannot meet their Kyoto Protocol targets for
lower emissions as a result of continued fossil fuel use. The US continues to
oppose ratification of the Kyoto Protocol and remains the world’s largest
producer of Greenhouse gas emissions. Climate change is happening. This is not a
distant doomsday scenario. This is the reality for the European Union of 25
states in 2005.
What are the alternatives? The nuclear industry has for a long time and for
very good reasons been the subject of suspicion and criticism. First generation
reactors are ageing and are due to close in the near future. Prior to their
accession in 2005 there was considerable controversy over the state of some
reactors in the New Member States. The controversies have not nor will they
disappear. Yet the nuclear industry provides the opportunity for the EU to
lower its carbon emissions and secure much needed domestic energy resources. The
strategy on Nuclear Safety prepared by the European Commission in 2002 was
watered down by the national governments who bowed to the complaints of their
national nuclear industry. This paper argues that the situation with regard to
climate change is deteriorating so rapidly, that more not less radical action is
needed. Instead of a few articles in the Constitutional Treaty now is the time
to negotiate a new Treaty for a European Atomic Energy Community which will take
into account the environmental, economic and social realities of the nuclear
industry in the twenty-first century.
Blockmans, Steven (TMC Asser
Institute, The Netherlands, s.f.blockmans@asser.nl)
Re-structuring the
EU’s Neighbourhood Policies: Sense and Sensibility
From the latest
round of enlargement re-emerges the reality that the EU can neither integrate
all of its neighbours nor exclude all of them on principle. This begs the
question how the Union can best organise relations with its neighbours in order
to secure and strengthen its own international position.
Up to date, there is no common template for the EU’s engagement
with its neighbours, only partly overlapping, partly disconnected initiatives,
policies and processes, with different levels of intensity characterizing the
sort of each relationship (stabilisation, partnership or integration). The
recently adopted
European Neighbourhood Policy
was an attempt
by the European
Commission to re-structure some of its neighbourhood policies, but in fact
little has changed. The
diversity in the Union’s political and contractual
relations with countries like
Switzerland,
Russia, Bulgaria, Israel and Bosnia-Herzegovina attests to the fact that the EU
is not (yet) ready to apply its own new motto “United in diversity” to the
patchwork of neighbourhood policies.
This
paper is to make a further contribution to a legal and policy-relevant
assessment of the EU’s external relations with its neighbours rather than to
provide new theoretical or conceptual constructs for understanding the existing
policies. Through an inductive, bottom-up and “cross-pillar” approach, its aim
is to answer the questions whether it would be politically desirable and legally
feasible to merge all neighbourhood policies of the EU into one overall
framework. In case of a negative answer to the former question, alternative
solutions for streamlining will be explored.
Bursens, Peter (University of Antwerp,
Belgium,
peter.bursens@ua.ac.be)
Joint paper with Marleen Baetens
Belgian
Participation in the European Decision Making Process. The Impact of Cultural
Aspects of Europeanisation on the Success of Coordination in a Federal Country
Europeanisation
has become a current concept among scholars. Authors discuss cultural and
institutional implications as well as policy consequences of Europeanisation.
One marked requirement is the organisation of national coordination systems.
This need is even more stringent in federal countries like Belgium. In the paper
we examine the perceived success of the Belgian coordination mechanisms in two
policy domains: environment and agriculture. We study whether the outcome of
cultural Europeanisation in terms of European expertise, attention for, and
opinions about the EU, can explain the existence of a successful strategy of
cooperation. In addition, we add some more variables to the model. We expect
that the specific characteristics of domestic federalisation in the two policy
domains matter, as well as their specificity at the European level. The paper
falls within the agenda of top-down Europeanisation research, more particularly
within the niche that examines the intermediate role of the domestic level. The
attention to federalism is grounded on the assumptions of historical
institutionalism. Data stem from a qualitative analysis of Belgian EU
co-ordination mechanisms on the one hand and a quantitative analysis of a survey
of nearly 150 face-to –face interviews with civil servants on the other hand.
Clifton,
Judith
(Oviedo University, Spain)
Joint paper
with Daniel Diaz Fuentes & Francisco Comin
Public Services in the European Union: Integration,
Markets and Social Justice
This paper
proposes to analyse the changing policies and policy-making styles
towards public services or “Services of General Interest” (SGI) with particular
emphasis on the new and prospective Member States. From the post-war model of
supply-led, top-down public service provision to all citizens within a national
territory, SGI have been significantly affected by policies to liberalise,
deregulate, privatise and transnationalise, all of which were accelerated from
1993 with the consolidation of the Maastricht Treaty and the Single Market.
These transformations have met considerable concern from the social partners and
other interest groups who have demanded protection in the form of a Charter for
Public Services. Preliminary findings about public service transformation
highlight both advantages (technology, efficiency in certain sectors) and
disadvantages (deteriorating universality of service and social inclusion).
Given low levels of consumer satisfaction in some New and Future Member States,
this deterioration is of some concern. The Commission has responded, most
recently, with the White Paper on SGI (2004) and inclusion of rights to SGI in
the draft Constitution.
The paper will be
divided into three parts. First, the changing policies towards SGIs will be
critically synthesised from the 1970s to the present, focusing on the
construction of a supranational regulatory framework as supplement to existing
(national, subnational) ones. Second, changing policy-making styles will be
analysed in particular in regard to the emergence of corporate lobbies at the
European and international level. Finally, data on citizen/consumer satisfaction
(using Eurobarometer and national consumer organisation data) will be
synthesised in current and prospective Member States in order to set the scene
for tentative policy recommendations.
Diaz Fuentes,
Daniel
(Universidad de Cantabria, Spain)
Joint paper
with Judith Clifton & Francisco Comin
Public Services in the European Union: Integration,
Markets and Social Justice
This paper
proposes to analyse the changing policies and policy-making styles
towards public services or “Services of General Interest” (SGI) with particular
emphasis on the new and prospective Member States. From the post-war model of
supply-led, top-down public service provision to all citizens within a national
territory, SGI have been significantly affected by policies to liberalise,
deregulate, privatise and transnationalise, all of which were accelerated from
1993 with the consolidation of the Maastricht Treaty and the Single Market.
These transformations have met considerable concern from the social partners and
other interest groups who have demanded protection in the form of a Charter for
Public Services. Preliminary findings about public service transformation
highlight both advantages (technology, efficiency in certain sectors) and
disadvantages (deteriorating universality of service and social inclusion).
Given low levels of consumer satisfaction in some New and Future Member States,
this deterioration is of some concern. The Commission has responded, most
recently, with the White Paper on SGI (2004) and inclusion of rights to SGI in
the draft Constitution.
The paper will be
divided into three parts. First, the changing policies towards SGIs will be
critically synthesised from the 1970s to the present, focusing on the
construction of a supranational regulatory framework as supplement to existing
(national, subnational) ones. Second, changing policy-making styles will be
analysed in particular in regard to the emergence of corporate lobbies at the
European and international level. Finally, data on citizen/consumer satisfaction
(using Eurobarometer and national consumer organisation data) will be
synthesised in current and prospective Member States in order to set the scene
for tentative policy recommendations.
Fatić, Aleksandar
(Institute of International Politics & Economics,
Serbia & Montenegro,
fatic@diplomacy.bg.ac.yu)
The Criminal Syndicate as a Para-State in the Balkans
Traditional
definitions of organised crime depict organised crime as an alternative industry
based on the stable supply of a criminal market, characterised by the use of
force or threat by it, and motivated by illicit profit or a quest for political
power. More recently, in the European Union definition, the quest for
institutional power has been recognised as a motivating factor for organised
crime equal to that of generating illicit profit. In the Balkans, this new
moment in defining organised crime appears to have been tested particularly
directly through a growing influence of organised crime on the political elites
in some countries, and the propensity of organised criminal syndicates to apply
extreme violence against politicians, which became particularly evident in the
assassination of one Head of Government in the Region during 2003. The ambition
of organised crime to influence the political process is a challenge both for
security theory and for policy, and the considerable experience gained in the
region in trying to address the emergence of what has recently become known in
the criminological discourse as a “New War-Making Entity” opens up new ways of
thinking about soft security problems in a European perspective. This paper
explores the key features of organised crime against the background of Balkan
circumstances, and draws conclusions as to how these experiences can be useful
Europe-wide.
Galent, Marcin (Jagiellonian University,
Poland, mgalent@hotmail.com)
Unconvincing
Anxieties: Eastern European Workers and the European Union Labour Market
It has been
almost one year since the last European enlargement took place. Although, the
whole process has been accommodated relatively successfully there are still
certain areas, which wait to be fully incorporated. One of the most important
issues is the question of implementing fully unrestricted free labour movement
across the European Union. Immigration from Eastern Europe to the countries of
the so-called ‘Old Europe’ was one of the greatest fears among Western European
societies on the eve of the enlargement. To prevent a sudden and unwanted inflow
of new guests most members of the European Union introduced transitional
periods, which rang from 2 up to 7 years. Only three countries: Ireland, Sweden
and the United Kingdom have opened their labour markets fully.
This paper intends to examine the impact of such decision on the British public
opinion. I will start with a short overview of forecasts on this issue produced
before 1 May 2004 and show to what extend they proved to be correct. Then I will
focus on describing the actual numbers of immigrants coming to Britain and
explaining the differences between the predictions and the real trends. Finally,
I will reconstruct the main themes standing behind the press coverage of the
issue in the current socio-political context in the UK.
Goldner, Iris (University of Zagreb,
igoldner@pravo.hr)
Transitional
Periods in the Enlarged European Union: How Free is the Free Movement of
Workers?
On
1 May 2004 eight Central and Eastern European Countries
became EU Member States and, as such, have to abide to the acquis which
applies to them, as equal partners with the old Member States. However, in
certain areas, such as free movement of workers, the eight new Member States are
subject to special transitional arrangements. In the transitional period, the
old Member States are allowed to apply their domestic laws to the workers coming
from the new Member States and thus, treat them less favourably than the
nationals from the old Member States, if they so choose.
This paper questions the legitimacy of
transitional
periods and addresses the issue of free movement of labour in the enlarged Union
as a political rather than an economic or social question.
It provides a brief account of the developments in the field during the
accession negotiations and offers a critical overview of the present state of
affairs. Present transitional arrangements are contrasted with other solutions
(such as the one allowing immigration quotas), which would be politically
fairer and psychologically wiser in opposing the arguments about the division
between a “first class” and a “second class” EU membership.
Hammermann, Felix
(Kiel University, Germany,
felix.hammermann@gmx.de)
Monetary Policy
Options for Ukraine
In this paper
we develop a dynamic macro model with three countries – Ukraine, the euro area
and the rest of the world – to trace the welfare effects of the real exchange
rate changes after different shocks and assess their implications for monetary
policy. A three-countries model is particularly suitable for investigating the
options and the corresponding implications of monetary and exchange rate policy
in Ukraine such as inflation targeting with flexible rates in contrast to an
exchange rate peg. Enriched by features like a high degree of financial exposure
and financial fragility the model allows us to evaluate the potential of
emerging market economies for the adaptation of monetary strategies that were
originally developed for industrialized countries. The model builds on Galí and
Monacelli (2005) for a small open economy and Monacelli (2001) for two
countries. These models start from explicit microfoundations, i.e., they take
into account dynamic and intertemporal effects. Further, these models
incorporate Keynesian building blocks with nominal rigidities in prices and
monopolistic competition in goods and factor markets. The advantage of this
class of models is that the underlying utility function will allow us to do a
welfare analysis of different exchange rate and monetary policies.
Johnson, Debra
(University of Hull,
d.johnson@hull.ac.uk)
Trans-European
Networks: Where Public Policy and Corporate Strategy Meet
Much of the
research in European integration is on how decisions are taken and how policy is
formed. This paper focuses more on the objectives and effects of public policy
once it has been formulated. Trans-European networks (TENs) are used as a case
study to explore these issues. Since the policy parameters were established for
TENs, TENs has attracted relatively little attention as a policy issue (the
emphasis has been on building the networks within the policy framework
established). However, enlargement and liberalisation have given renewed
emphasis to the need to build physical infrastructure to support European
integration, the European economy and European business. A key objective of TENs
is to provide the physical networks to support the market-led growth brought
about by freer markets and integration. This paper is based on an embryonic
framework that is being developed to explore the relationship between public
policy and corporate strategy. As such the paper draws upon international
political economy literature (specifically that relating to states and markets)
and upon corporate strategy literature. In particular, it looks at how public
policy and market forces have come together to shape strategy in individual
network sectors. The electricity networks provide the main case study material.
Jørgensen, Knud-Erik (University of Aarhus,
Denmark,
kej@ps.au.dk)
Research on EU
External Relations / Foreign Policy: Progress, Deadlock, Futures
In order to
present a state of the art argument, the paper critically reviews the literature
on EU external relations/foreign policy. By the notion ‘external
relations/foreign policy’, the paper understands the comprehensive port folio of
international policies, ranging from development, climate change, trade,
enlargement, neighbourhood, EPC/CFSP to ESDP and promotion of European values
and principles. In this fashion, the paper connects compartmentalized islands of
research that traditionally have been unconnected, aiming at reaching a more
general understanding of the dynamics of EU external relations.
Jozon, Monika (Sapientia-Hungarian
University of Transylvania,
monika_jozon@hotmail.com)
Legislative
Harmonisation versus Regulatory Competition on the Enlarged Internal Market
The
specific regulatory needs of the Enlarged EU will be highly demanding testing
grounds for the economic policy foundation of the Internal Market’s current
regulatory approach. The years coming will increase the actuality of several
questions raised by economists and lawyers, proponents of regulatory competition
in Europe, concerning the regulatory efficiency of the harmonized rules in
assuring the “level playing field” on the Internal Market. The paper is an
attempt to propose such regulatory solutions that are able to cure the
externalities of trans-national market creation and to reduce the risks and
costs of domestic political market failures at the level of the Member States.
The strengths and weaknesses of harmonisation versus regulatory competition are
debated in the context of the specific economic, social, and legal-cultural
conditions of the new regulatory environment in the enlarged EU. Two regulatory
fields are in the focus of the analysis: environmental protection and consumer
protection. The paper is an interdisciplinary, economic and legal, approach on
optimal regulatory intervention on a common market, faced by an increasing scale
effect of diversity, brought into the EU by the Eastern European Member States.
Kaunert, Christian (University of Wales,
Aberystwyth, cck01@aber.ac.uk)
How Rational are
Decision-Makers in the Area of Freedom, Security and Justice?
This paper
analyses in how far rationalist approaches are able to explain the agency
delegation and the institutional mechanisms in the Area of Freedom, Security and
Justice over the years. Five different stages of development are analysed, i.e.
the pre- and post Maastricht, the Amsterdam, the Tampere, and the Constitutional
Treaty phases. The main argument of the paper is that norms have been
constructed over the last years in such a way that Justice and Home Affairs has
become the next ‘Single Market project’ in the EU. At the core of this is a
single market of asylum and migration. This has significant implications for
academic research, as it confirms doubts over the suitability of dominant
rationalist approaches to explain this development. The paper suggests that a
sociological or constructivist institutionalist approach may be best suited to
explain these developments. From a methodological point of view, it draws on the
analysis of the relevant official documents and legal texts as well as data
gathered through interviews with officials from the EU institutions and the
Permanent Representations of the Member states.
Laulhe Shaelou, Stephanie (University of
Leicester, laulhe.s@intercollege.ac.cy)
Strategies Towards Cyprus Full Membership of the
European Union: Trade, a Case Study
The aim of
this paper is to analyse the approach of the EU towards Cyprus, through the
review of the latest acquis communautaire specific to Cyprus, focusing in
particular on the implementation of the principle of free movement of goods in
Cyprus. Although the ‘catalyst proposition’ has been developed in International
Relations and political sciences to address the issue of the resolution of the
Cyprus problem through EU involvement, it is argued that the ‘catalyst’ effect
of EU membership also has a legal dimension and that this concept could be
transposed within a socio-legal context as a technique of analysis of the
‘Community method’ of Cyprus’ integration to the EU. It is submitted that the
‘Community method’ can be used to address the wider issue of how the EU engages
into national affairs. In the case of Cyprus, it is contented that the EU has
built up a ‘three pillar approach’, which forms its integration strategy towards
Cyprus.
This paper provides a comparative analysis of the various components of this
‘three-pillar approach’ to the implementation of the principle of the freedom of
movement of goods in Cyprus. The objective is to determine whether the EU
strategy towards Cyprus, with a view to its integration into Europe, has been
efficient and coherent throughout. In particular, some variations in the scope
and the position adopted by the EU institutions under the various components of
this approach will be identified, as far as trade is concerned. But are such
variations reconcilable?
Lazowski, Adam (TMC Asser Instituut,
The Netherlands,
a.lazowski@asser.nl)
Switzerland and
European Union: Inevitable Partners?
Relations
between Swiss Confederation and European Union are undoubtedly very peculiar and
characterised with multiplicity of political and legal factors. In institutional
terms Switzerland remains at the outskirts of the main integration paths. It is
neither member of the European Union, nor the European Economic Area. However,
in legal and economic terms it can be considered as one of the players in the
process of integration. As noted by Laurent Goetschel it ‘is economically more
integrated within the European Union (EU) than many of the EU’s own Member
States.’ With the two packages of bilateral treaties Switzerland has secured its
participation in the key elements of the internal market as well as area of
freedom, security and justice, albeit without the political and institutional
involvement in the decision making. After decades of troublesome relationship
the concept of enhanced bilateralism in the Swiss-EU relations paved its way and
can be considered as operational and fruitful for both sides. At this stage it
remains questionable whether those developments open gates for the potential
membership of the European Union. Unlike many European countries Switzerland is
not considering its membership of the European Union as a panacea for domestic
problems and challenges. To the contrary, Swiss public and some political elites
remain very sceptical when it comes to the potential accession and its
consequences. Still though, potential membership in the long term perspective is
(at least officially) a goal of the Swiss foreign policy.
The purpose of this paper is to take under closer scrutiny Swiss-EU relations in
the last decade. The main argument is that both parties are inevitable partners
due to variety of geographic, economic and legal factors. This co-operation of
co-existence has shifted into co-operation of integration over the last decade.
Two packages of bilateral treaties create a very peculiar framework which brings
many advantages of the internal market to Switzerland and requires application
of selected acquis in bilateral relations. The paper will explore potential
possibilities of further co-operation, including hypothetical accession to
European Union.
Lefevre, Silvere (Cardiff University,
lefevres@cf.ac.uk)
Interpretative
Declarations and Unanimous Voting in an Enlarged European Union
“The more
Members it has, the more arguments it can stir up, the more futile and impotent
it becomes (…)”. As this quotation from the acclaimed BBC series “Yes
Minister! “ demonstrates, the size of an organisation is often assumed to be
in inverse proportion to the efficiency of its decision-making process. Somehow
caricatural this view still retains an element of truth, as the risks of
opposition and conflicts of interest increase with the number of members. In
this perspective it seems necessary that the rules regulating the
decision-making process “fit” with the size of the organisation, in order to
allow it to work efficiently. This explains why numerous Member States urged a
several occasions the European Union to make some radical reforms to its the
decision-making process prior to its enlargement. This is a specifically true
when it comes to the issue of voting requirements. If unanimous voting was
problematic in a European Union of 15 Member States, then situation seems
impossible in a Europe of 25 Members.
This paper
wonders whether a change in the case-law of the Court of Justice in relation to
the effect of the “interpretative declarations” the Member States may put
forwards while adopting a directive of a regulation may not provide a solution
to this particular problem. “Interpretative declarations” are well known and
accepted in Public international Law. They make it possible for a State to
ratify or adopt a treaty while indicating the view which it holds about the
substance of a given provision. They facilitate the adoption of international
treaties and hence are considered as rather useful. In the European Union
“Interpretative declarations” exist in the practice of the Council. However the
Court of Justice accepts to take them into consideration in very limited
circumstances only. This position is motivated by the need
to ensure a uniform application of Community law.
However one may wonder whether it still the right approach in the light of the
potential difficulties to achieve unanimity among 25 Member States.
Leonard, Sarah (University of Wales,
Aberystwyth, lll02@aber.ac.uk)
What Happened to Refugee Protection in the European
Union? The Debates on the Creation of ‘Asylum Camps’
In recent
months, the idea of establishing so-called ‘asylum camps’ to process asylum
claims outside the European Union has occupied a prominent place in the debates
on the development of the EU asylum policy. Drawing on an interpretive and
narrative approach to public policy analysis, this paper aims to explore this
highly controversial concept. In its first part, it examines the origins of this
idea, before analysing its evolution in the current EU debates (the so-called
“Blair proposal”, the UNHCR “Convention Plus” initiative, and the Communication
of the European Commission “Improving Access to Durable Solutions”). It also
analyses the role played by different actors at the EU level in that respect.
The second part of the paper examines both the legal and normative challenges
inherent to the setting up of such ‘asylum camps’. Would it breach international
protection instruments such as the Geneva Convention? Would it worsen or, on the
contrary, improve the access of asylum-seekers to international protection?
From a methodological point of view, this paper draws on the analysis of the
relevant official documents and data gathered through interviews with officials
from the EU institutions, the UNHCR, and the Permanent Representations of the
Member states.
Liebert, Ulrike (University of Bremen,
Germany,
liebert@uni-bremen.de)
Postnational Constitutionalisation and Citizenship
Discourses in the Enlarged Union
It is still
an open ended historical experiment whether the 2004 “Treaty on a Constitution
for Europe” will succeed and thus, among others, reconstitute the European Union
of states as a ”Union of citizens and states”. This paper argues that the extent
to which citizens and their representatives will approve this move towards
democratising the non-state, non-federal polity of the EU directly (in ten
Member States by referendum) or indirectly (by parliamentary ratification), or
opt against it, depends, among others, on two empirical questions: first, how
the past constitutionalisation of EC-law has impacted on citizenship practices
in the Member States; and, second, how these impacts as well as the EU’s present
engagement with postnational constitutionalism are reflected and debated in the
various public spheres. To develop this claim, the paper suggests to adopt a
comparative Europeanisation approach, drawing on citizenship research, on the
one hand, and empirical studies of the public sphere, on the other. Preliminary
empirical data from different types of Member States are used to illustrate this
model and predict (or explain where already concluded) the outcomes of
ratification. In the conclusion it is discussed how this novel framework could
become a tool for better explaining the discontinuities of European integration,
in general, and the unevenness of postnational constitutionalisation, in
particular.
Ozer, Yonca (Marmara University, Turkey,
yoncaozer@hotmail.com)
The EU as a
Civilian Power: The Case of the EU’s Trade Policy
This study
generally addresses one of the most questioned issues, which is the EU’s role in
the changing world, by assuming “civilian power Europe” role concept as a
fruitful point of departure. As an analytical instrument, this role concept
could make a valuable contribution to the analysis of Europe’s role in the
world. The study argues that the scope of the civilian power Europe concept
should be broadened from a narrow focus on the “civilian versus military” debate
to other characteristics of a civilian power Europe. More specifically, it
argues that EU’s trade policy by definition corresponds to the civilian power
role of the EU since it concerns one of the most obvious examples of
non-military means of power. Therefore, examination of the Union’s trade policy
seems indispensable to answer the question if and to what extent the EU
constitutes a civilian power since this is Europe’s most long-standing and most
powerful external policy realm. Accordingly, the study aims at examining the
contribution of EU’s trade policy to the explanation of its international role
in terms of civilian power role concept. Briefly, the study, after analysing the
ideal typical elements of a civilian power Europe, makes an empirical analysis
of Europe’s
role in the world from a civilian power
Europe perspective.
Pardo, Sharon (Ben-Gurion University of the
Negev,
pardosharon@yahoo.co.uk)
Joint paper with Lior Zemer
Towards a New Euro-Mediterranean Neighbourhood Space
This paper is a comparative study of the Conference/Organisation on
Security and Co-operation in Europe (C/OSCE) as a system-transforming mechanism
for the promotion of peaceful change in the Mediterranean and the European
Neighbourhood Policy (ENP) as a regional regime.
In line with Monnet’s statement that ‘great ideas and principles either take
firm shape in the form of institutions, or disappear into rhetoric and finally
die’, our research demonstrates that for the establishment of a genuine
Euro-Mediterranean Neighbourhood Space (EMNS) there is an urgent need to develop
an institutional structure of the ENP. The ENP should not be left alone for the
Euro-Mediterranean Ministers for Foreign Affairs, as there is a real risk that
the ENP would become political, rather than desired partnership, and eventually
would die, as did its predecessors. Therefore, the ENP should urgently ‘take
firm shape in the form of institutions’.
We then move to introduce a new institutional mechanism for the EMNS. Our
proposed model is based on the institutional framework as established by the
Barcelona Declaration and the Euro-Mediterranean Partnership, the Common
Strategy on the Mediterranean Region's associate institutional structure, the
ENP, inspired by the C/OSCE structures and supported by the agreements reached
between the Euro-Mediterranean Ministers for Foreign Affairs at the recent
Ministerial Conferences with regards to institutional changes.
In addition we examine the possibility of creating a Euro-Mediterranean
‘capital’ for the EMNS and conclude that Valletta should be declared as the new
capital of the EMNS and the institutional and administrative system of the ENP
should be relocated from Brussels to its natural capital Malta, in the heart of
the EMNS.
Pereira, Alvaro (University of York,
asp500@york.ac.uk)
Joint
paper with Alina Stoia
Primus Inter
Pares? The Balance of Power Between Small and Large States in the European Union
This paper
analyzes the relative power position of small and large member states in the
European Union. The power distribution is analyzed by comparing the various
changes in the voting weights and rules in the Council as well as power indices.
The paper also considers the patterns of coalition formation in EU negotiations,
the bargaining behaviour of member states and the role of the European
Commission as a neutral supranational institution and possible ally of smaller
states.
Using a
game-theoretical setting, the paper shows that big countries have stronger
incentives to defect on bargaining rules, since they cannot suffer significant
retaliations from other countries. In contrast, small countries have an
incentive to follow the bargaining rules, due to the threat of retaliation from
the bigger countries. Small countries only defect on bargaining rules when the
big countries also defect and/or they manage to form a coalition of small
countries in order to review the rules of bargaining. The paper also argues that
bargaining asymmetries were and will be further exacerbated after the last and
forthcoming enlargements.
Piedrafita
Tremosa Sonia (National University of Distance Education, Spain, spiedrafita@bec.uned.es)
The Timing of
Eastern Enlargement: Rationalist and Sociological Explanations of Spanish
Attitudes Towards the Entry of New EU Member States
When the issue
of Eastern enlargement first came on the EU’s agenda, some member states, in
particular Spain, had to anticipate that the accession of new member states
would offer them relatively few gains and impose significant costs. However,
there never seems to have been any serious opposition to the basic question of
whether Eastern Enlargement should occur. Instead, much of the debates and the
bargaining over enlargement concerned detailed and practical issues. It was in
this arena of questions like how and when, rather than if, that member states
expressed their concerns and sought to defend their interests.
This paper addresses the question of how Spain developed its position on the
timing of Eastern enlargement and, subsequently, bargained over this issue at
the European level. The research on which this paper is based compares and
contrasts rationalist and sociological approaches in an attempt to understand
the relative validity of either in the explanation of this particular process.
I will use the method of triangulation: interviews with policy-makers, minutes
of meetings and official documents, and the public discourse in the press, the
Parliament…
Having conceptualised the question of the timing of Eastern Enlargement in terms
of the explanations offered by the two approaches, the paper will then offer
empirical insights in order to establish whether the attitudes in a member state
like Spain were governed by a logic of consequences or rather by a logic of
appropriateness.
Raviv, Or (University of Sussex,
o.raviv@sussex.ac.uk)
Governing the
Integration of CEE Enterprises into Western European Value-adding Chains: Some
Lessons from the
Recent Past
The
integration of Central and Eastern European (CEE) Enterprises into the Western
European value-adding (production) networks is likely to be one of the most
prominent features of the economic integration, and is thus also at the focus of
this paper. Recent research undertaken under the auspices of the "One Europe
or Several" Programme confirmed that static trade effects, economic
rationalization of scale economies and liberlisation through competitive
policies are unlikely to yield any substantial welfare benefits particularly for
the newcomers (Dryker, 2000). The one aspect of integration which is likely
to yield substantial welfare benefits for CEE Economies is the transfers of
Capital, Intellectual Property, and Technology. The socially constructed space
where these transfers take place is the process of production. However, we
cannot assume that these transfers will take place in a manner conducive to
local development automatically. In fact, this is highly contingent on the
role played by the various social actors involved in the governance of this
process. Through the use of a value-chain analysis, this paper will aim to
reflect on how the EU Commission, the particular governments, and involved
Western European corporations have influenced the trajectory of this process as
it takes place within the three "best performing" new members (Hungary, Czech
Republic and Poland).
Schweickert, Rainer (Kiel University,
Germany,
schweickert@ifw.uni-kiel.de)
Joint
paper with Lucio Vinhas de Souza
A Crisis ‘Early
Warning System’ for Ukraine
Ukraine
experienced several speculative attacks during its transition, some of which
developed into currency crisis. This paper examines vulnerability periods in the
Ukraine using an early warning system based on Markov regime-switching with
time-varying transition probabilities.
Smith, Michael (Loughborough University,
m.h.smith@lboro.ac.uk)
EU Enlargements
and EU-US Relations: 2004 in Perspective
The aim of
this paper is to analyse the implications for EU-US relations of EU
enlargements, with particular reference to questions of European and global
order. The paper will begin by describing and evaluating the issues surrounding
past enlargements of the EC/EU, with reference to political/security and
political/economic dimensions, and will identify a number of continuing strands
in their implications for the relations between European integration and the
United States. On the basis of this historical review, the paper will propose a
framework for analysing the impact of EU enlargements on EU-US relations and on
related issues of European and world order, focusing on five elements: the
structure of EU-US relations; issues of negotiation and cooperation; issues of
cost and risk; processes of governance and institution-building; the discourse
of EU-US relations. The paper will then go on to apply this framework to the
process of EU enlargement that culminated in 2004, and to suggest implications
for future processes of enlargement.
Usui, Yoichiro (Niigata University of International
&
Information Studies, Japan,
usui@nuis.ac.jp)
The Roles
of Soft Law in EU Environmental Governance: Bridging a Gap Between Supranational
Legal Processes and Intergovernmental Political Processes?
The White Paper
on European Governance systematically proposes new modes of governance, which
modifies the legislative policy pursuing an EU-wide legal harmonisation based on
the Community method. In some degree, this non-legalistic orientation is
followed by the Sixth Environmental Action Programme, which states that ‘[o]ther
options [than legislation] for achieving environmental objectives should also be
considered’, and advocates that ‘[a] strategic integrated approach,
incorporating new ways of working with the market, involving citizens,
enterprises and other stakeholders is needed. In legal terms, the introduction
of new modes of governance for establishing flexible and horizontal
institutional arrangements, including market-oriented instruments and civic
participatory schemes, implicates in part the installation of soft legal
arrangements. The paper will theoretically consider the significance and
problematique of soft law and empirically examine the instances thereof in
‘environmental priorities for a Community response’ (the Sixth EAP) such as
climate change and biodiversity. The hypothetical viewpoint is that, while the
softer legalisation driven by the Commission and the Council may undermine the
capacities of the Parliament and the Court of Justice, soft law can also be
expected to bridge a gap between supranational legal processes and
intergovernmental political processes in terms of normative evolution and
consensus building.
Widgrén, Mika
(Turku School of Economics & Business Administration,
Finalnd, mika.widgren@tukkk.fi)
Joint paper with Richard Baldwin
The Impact
of Turkey's Membership on EU Voting
We
investigate the decision-making impact admitting Bulgaria, Romania, Turkey and
Croatia to the EU25, focusing on the EU’s ‘capacity to act’ and the power
distribution among members. The enlargement is projected to have relatively
little impact on the capacity-to-act, as long as the Constitutional Treaty (CT)
voting rules come into effect, but the CT is rejected, enlargement would cripple
EU decision making. Turkish membership is calculated to have a big impact on the
power distribution among members. Under the Nice or CT voting rules, Turkey
would be the second most powerful EU29 member. Under the CT rules, Turkey would
be substantially more powerful than France, Italy and Britain, while under the
Nice rules the power differences among the 50-million-plus members would be
small. Plainly, this might decrease the acceptability of the Constitutional
Treaty and/or Turkey’s membership.
Last modified:
Wednesday, 31 August 2005
idD410501ProgrammeR1 +10Mar2005
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