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The Informal Politics of Codecision: Introducing a New Data Set on Early Agreements in the European Union 共同决策的非正式政治:介绍欧盟早期协议的新数据集
Pub Date : 2014-06-01 DOI: 10.2139/ssrn.2448865
Edoardo Bressanelli, A. Heritier, Christel Koop, C. Reh
One of the most important developments in the history of the EU’s codecision procedure has been the steep rise in “early agreements” since 1999, and the shift of legislative decision-making from public inclusive to informal secluded arenas. As part of a wider research project on “The Informal Politics of Codecision”, this working paper launches a new data set on all 797 legislative files concluded under codecision between 1999 and 2009. The paper discusses the process of data collection and coding; explains and justifies the operationalisation and measurement of key variables; and elaborates on the methodological challenges of capturing informal political processes. The paper offers rich descriptive statistics on the scale and scope of early agreements across time, and explores how key characteristics of the legislative file (legal nature, policy area, complexity, salience, policy type, duration) and of the main negotiators (priorities of the Council Presidency, ideological distance between Parliament’s rapporteur and national minister, Presidency’s workload) co-vary with decision-makers’ choice to “go informal”. Demonstrating that early agreements are not restricted to technical, urgent or uncontested files but occur across the breadth of EU legislation, and increasingly so with time in use, the data strongly underline the relevance of informal decision-making for scholars and policy-makers alike.
欧盟共同决策程序历史上最重要的发展之一是自1999年以来“早期协议”的急剧增加,以及立法决策从公开包容性转向非正式的隐蔽领域。作为一个更广泛的研究项目“共同决策的非正式政治”的一部分,本工作文件发布了一个新的数据集,涵盖了1999年至2009年间在共同决策下完成的所有797项立法文件。讨论了数据采集和编码的过程;解释和证明关键变量的操作和测量;并详细阐述了捕捉非正式政治过程的方法论挑战。本文对早期协议的规模和范围提供了丰富的描述性统计数据,并探讨了立法文件的关键特征(法律性质、政策领域、复杂性、显著性、政策类型、持续时间)和主要谈判者的关键特征(理事会主席的优先事项、议会报告员与国家部长之间的意识形态距离、主席的工作量)如何与决策者“非正式化”的选择共同变化。这些数据表明,早期的协议并不局限于技术性的、紧急的或无争议的文件,而是出现在欧盟立法的广度上,而且随着使用时间的推移,这种情况越来越多。这些数据强烈地强调了非正式决策对学者和政策制定者的相关性。
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引用次数: 4
The Geography of the Euro Crisis: The ECB, Its Institutional Form, Functions, and Performance 欧元危机的地理:欧洲央行,它的制度形式,功能和表现
Pub Date : 2014-05-28 DOI: 10.2139/ssrn.2456154
G. Clark
In their different ways, the European Central Bank (ECB) and the US Fed combine expertise with representation: key members of these institutions along with their staff are appointed on the basis of their expertise and professional qualifications whereas each organisation is conceived, in part, so as to represent the constituent nation-states or regions that make-up their currency zones. In this paper, the tension between expertise and representation apparent in the constitution in each institution is explored with emphasis on the ways in which geography is represented in monetary policy decision-making. The formal representation of nation-states in the ECB, their voting rights, and the significance or otherwise of large Eurozone countries is also considered. Being an analytical assessment of the effectiveness of the ECB compared to the Fed, the effectiveness of each institution is assessed in the light of financial risk and uncertainty and the complex interplay between monetary authorities and fiscal federalism. Implications are drawn as to the process whereby the Euro crisis has been managed, and the ways in which the welfare of peripheral countries have been discounted notwithstanding the possibility of out-voting the major countries of western Europe. The paper closes with brief comments on the prospects for reforming the ECB.
欧洲央行(ECB)和美联储以不同的方式将专业知识与代表性结合起来:这些机构的主要成员及其工作人员都是根据他们的专业知识和专业资格任命的,而每个组织都是在一定程度上代表构成其货币区的组成民族国家或地区。在本文中,专业知识和代表性之间的紧张关系在每个机构的章程中都很明显,重点是地理在货币政策决策中的表现方式。本文还考虑了民族国家在欧洲央行的正式代表权、它们的投票权以及欧元区大国的重要性。作为对欧洲央行与美联储有效性的分析评估,每个机构的有效性都是根据金融风险和不确定性以及货币当局与财政联邦制之间复杂的相互作用来评估的。欧元危机的管理过程,以及尽管有可能在投票中击败西欧主要国家,但外围国家的福利却受到了折扣的方式,由此得出了一些启示。文章最后对欧洲央行改革的前景作了简短评论。
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引用次数: 2
Recent Trends of Common Commercial Policy of the European Union: From Global-to-Regional (and Return?) in the Governance of International Economic Order 欧盟共同商业政策的新趋势:国际经济秩序治理中的从全球到区域(及回归?
Pub Date : 2014-05-18 DOI: 10.5040/9781782258025.ch-030
C. Cellerino
International trade governance has traditionally aspired to the creation of a multilateral global trade system. However, also in reaction to the slow pace of the multilateral agenda, some players have started boosting bilateral/regional approaches to liberalization as alternative avenues for achieving economic gains from improved international trade liberalization. In this context, some features of the recently negotiated European Union’s comprehensive bilateral/regional free trade agreements (“FTAs”) deserve a particular analysis. Not only because their content reflects a new approach in European common commercial policy as compared to the past, but also because they raise some issues as regards their impact on European legal order and on the future of multilateral trade system in general. The paper tries to offer an overview of some significant features of the new generation EU-negotiated FTAs, looking at the new competences conferred upon the European Union by the Lisbon Treaty in the common commercial policy domain. It shall provide some insights on the effects of such agreements on European Union legal order, focusing on the possibility to invoke their direct applicability before European and member States courts, and draw some critical considerations on issues of European governance connected to their conclusion.
国际贸易治理历来致力于建立一个多边的全球贸易体系。然而,也由于多边议程进展缓慢,一些参与者已开始推动双边/区域自由化办法,作为从改善的国际贸易自由化中获得经济利益的替代途径。在这方面,最近谈判达成的欧洲联盟全面双边/区域自由贸易协定的一些特点值得特别分析。不仅因为它们的内容反映了与过去相比欧洲共同商业政策的一种新做法,而且还因为它们对欧洲法律秩序和一般多边贸易制度的未来的影响提出了一些问题。本文试图概述新一代欧盟谈判的自由贸易协定的一些重要特征,着眼于《里斯本条约》在共同商业政策领域赋予欧盟的新权限。它将对这些协定对欧洲联盟法律秩序的影响提供一些见解,重点是在欧洲和成员国法院援引其直接适用性的可能性,并对与这些协定的结论有关的欧洲治理问题提出一些关键的考虑。
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引用次数: 0
Economic Governance and the Euro Crisis: Constitutional Architecture and Constitutional Implications 经济治理和欧元危机:宪法架构和宪法含义
Pub Date : 2014-05-05 DOI: 10.2139/SSRN.2433071
P. Craig
The financial crisis, and resulting crisis with the Euro, has had profound effects on the EU, and its Member States, even those that do not form part of the Euro zone. It has generated a welter of measures to combat the ‘problem’ and this flurry of initiatives has not yet come to an end, nor is it likely to do so in the short term. This chapter considers the emerging constitutional architecture resulting from these measures, from both a substantive and a formal dimension. This is followed by examination of the constitutional implications of the measures adopted thus far. The discussion considers these implications from a legal, economic and political perspective, and it will be seen that there are significant constitutional challenges in all three areas.
金融危机以及由此引发的欧元危机,对欧盟及其成员国,甚至那些不属于欧元区的国家,都产生了深远的影响。它已经产生了一系列的措施来解决这个“问题”,这一系列的举措还没有结束,也不太可能在短期内结束。本章从实质和形式两方面考虑这些措施所产生的正在形成的宪法架构。然后审查迄今所采取的措施所涉宪法问题。讨论将从法律、经济和政治角度考虑这些影响,并将看到在所有三个领域都存在重大的宪法挑战。
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引用次数: 17
European Regulatory Private Law – The Paradigms Tested 欧洲监管私法——检验的范例
Pub Date : 2014-04-10 DOI: 10.2139/SSRN.2423306
H. Micklitz, Y. Svetiev, G. Comparato
The working paper collects the research presented in the second annual external workshop of the ERPL Project that took place on 16 and 17 May 2013 at the EUI in Florence. The second year of the project was devoted to the collection of empirical evidence in the various sub-projects, as well as in further elaboration of the theoretical and conceptual parameters that frame the project research. The theoretical parts of the working paper collects contributions on the relation between private autonomy and regulation (in Part I) as well as on the transformation of private law, including the drivers of the transformation in the public/private divide that in turn affects the purview of private law, as well as the transformation in the form and function of contract law and tortious liability (in Part III). The empirical part of the working paper contains contributions investigating the topics of remedies, standardisation of services, and telecommunications, analysed from the perspective of the parameters of hybridization, convergence and self-sufficiency, as elaborated in the previous working paper of the project LAW 2012/31 ERPL-01.
该工作文件收集了2013年5月16日至17日在佛罗伦萨欧盟研究所举行的ERPL项目第二届年度外部研讨会上发表的研究成果。该项目的第二年致力于在各个子项目中收集经验证据,并进一步阐述构成该项目的研究框架的理论和概念参数。工作文件的理论部分收集了关于私人自治和监管之间关系的贡献(第一部分),以及关于私法的转型,包括公共/私人鸿沟转型的驱动因素,这反过来影响了私法的范围。以及合同法和侵权责任的形式和功能的转变(见第三部分)。工作文件的实证部分包括调查救济、服务标准化和电信等主题的贡献,从杂交、收敛和自给自足参数的角度进行分析,如law 2012/31 ERPL-01项目的上一份工作文件所阐述的那样。
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引用次数: 9
Let's Get Comprehensive: European Union Engagement in Fragile and Conflict-Affected Countries 让我们全面:欧盟在脆弱和受冲突影响国家的参与
Pub Date : 2014-03-10 DOI: 10.2139/SSRN.2412069
M. Furness
The European Union is one of the world’s most important actors in assisting fragile and conflict-affected countries, and has made engagement with ‘fragile states’ a top priority for its development policy. At the policy level, the EU’s approach is in line with international best practices defined by the OECD’s 2007 Principles and the 2011 Busan ‘New Deal’ for fragile states. At the operational level, the EU is developing a ‘comprehensive approach’ to the implementation of its policies. As is the case with most international actors that engage with fragile and conflict-affected countries, a multidimensional gap exists between the intentions expressed at the policy level and the reality of operations at the country level. This paper argues that three sets of factors intervene between the policy and the operations level: cognitive factors related to turning knowledge of partner-country political processes into appropriate actions; issue-related conflicts of interest and trade-offs; and actor-related factors concerning coordination and capacity. This paper discusses how these factors affect the implementation of the EU’s policy frameworks with reference to three fragile and conflict-affected countries: South Sudan, Nepal and Liberia.
在援助脆弱和受冲突影响的国家方面,欧盟是世界上最重要的角色之一,并将与“脆弱国家”的接触作为其发展政策的重中之重。在政策层面,欧盟的做法符合经合组织2007年原则和2011年针对脆弱国家的釜山“新政”所定义的国际最佳做法。在业务层面,欧盟正在制定一种“综合方法”来实施其政策。与大多数与脆弱和受冲突影响国家打交道的国际行为体一样,在政策一级表达的意图与国家一级行动的现实之间存在多方面的差距。本文认为,三组因素在政策和操作层面之间起着干预作用:认知因素与将伙伴国家政治过程的知识转化为适当的行动有关;与问题相关的利益冲突和权衡;以及与行为体相关的协调和能力因素。本文以南苏丹、尼泊尔和利比里亚这三个脆弱和受冲突影响的国家为例,讨论了这些因素如何影响欧盟政策框架的实施。
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引用次数: 13
Structural Asymmetries at the Roots of the Eurozone Crisis: What's New for Industrial Policy in the EU? 欧元区危机根源的结构不对称:欧盟产业政策有何新动向?
Pub Date : 2014-03-03 DOI: 10.2139/ssrn.2418530
A. Botta
In this paper, we analyze and try to measure productive and technological asymmetries between central and peripheral economies in the eurozone. We assess the effects such asymmetries would likely bring about on center–periphery divergence/convergence patterns, and derive some implications as to the design of future industrial policy at the European level. We stress that future European Union (EU) industrial policy should be regionally focused and specifically target structural changes in the periphery as the main way to favor center–periphery convergence and avoid the reappearance of past external imbalances. To this end, a wide battery of industrial policy tools should be considered ranging from subsidies and fiscal incentives to innovative firms, public financing of R&D efforts, sectoral policies, and public procurements for home-produced goods. All in all, future EU industrial policy should be much more interventionist than it currently is, and dispose of much larger funds with respect to the present setting in order to effectively pursue both short-run stabilization and long-run development goals. Keywords: Center–Periphery Structural Symmetries, EU Industrial Policy JEL Codes: E12, F15, O25, O52
在本文中,我们分析并试图衡量欧元区中心和外围经济体之间的生产和技术不对称。我们评估了这种不对称可能对中心-外围的发散/趋同模式带来的影响,并得出了一些关于欧洲未来产业政策设计的启示。我们强调,欧盟未来的产业政策应以区域为重点,特别针对外围地区的结构性变化,以此作为促进中心与外围地区融合、避免过去外部失衡重现的主要途径。为此目的,应考虑一系列广泛的工业政策工具,包括对创新公司的补贴和财政激励、对研发工作的公共资助、部门政策和对国产产品的公共采购。总而言之,欧盟未来的产业政策应该比目前更具干预性,并在目前的背景下处置更大的资金,以便有效地追求短期稳定和长期发展目标。关键词:中心-外围结构对称,欧盟产业政策JEL代码:E12, F15, O25, O52
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引用次数: 43
An Information Processing Approach to Public Organizations: The Case of the European Union Fundamental Rights Agency 公共组织的信息处理方法:以欧盟基本权利机构为例
Pub Date : 2014-02-14 DOI: 10.1695/2014001
Tannelie Blom, Valentina Carraro
This article presents the results of a single-case study done in order to probe a specific version of an information processing approach to the study of (public) organizations. The case used for this probe is the European Fundamental Rights Agency. The article demonstrates that the information processing approach to public organizations as sketched out in the first sections of this article provides a conceptual framework that enables a fine-grained descriptive analysis of bureaucratic processes and their essential structures. It is shown how the rather fierce (‘constitutive’) politics behind the Fundamental Rights Agency establishment resulted in specific organizational structures that, from a strictly formal point of view, seem to effectively put the agency in shackles. This article also shows that although seemingly weak, the Fundamental Rights Agency is able to circumvent its formal restrictions through the exploitation of the structural incoherencies and gaps that are inevitable concomitants of political compromise in its daily operations.
本文介绍了一项单例研究的结果,目的是探讨(公共)组织研究中信息处理方法的特定版本。这次调查的对象是欧洲基本权利机构。本文表明,本文第一部分概述的公共组织的信息处理方法提供了一个概念框架,可以对官僚程序及其基本结构进行细致的描述性分析。它显示了基本权利机构建立背后相当激烈的(“构成”)政治如何导致特定的组织结构,从严格的正式观点来看,这些组织结构似乎有效地将机构置于束缚之中。这篇文章还表明,基本权利机构虽然看似软弱,却能够通过利用其日常运作中政治妥协不可避免的结构性不连贯和差距来规避其正式限制。
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引用次数: 8
Possibility and Terms for Applying the Brussels I Regulation (Recast) to Extra-EU Disputes 适用于欧盟外争端的布鲁塞尔规则(修订)的可能性和条款
Pub Date : 2014-01-31 DOI: 10.1515/9783866536081.211
Luigi Mari, Ilaria Pretelli
In order to strengthen the efficacy of the Brussels I Regulation (recast), which has already been shown to operate effectively, it is suggested to complete it with specific rules aimed at circumscribing the jurisdictional power in respect of extra-EU cases, together with specific rules on recognition and enforcement of judgements pronounced in Third States. However, for the sake of legal certainty, it is suggested that the EU stipulates international conventions on recognition and enforcement of judgements with its most strategic partners.
为了加强已被证明有效运作的布鲁塞尔第一规则(修订)的效力,建议对其进行完善,制定旨在限制欧盟以外案件的管辖权的具体规则,以及关于承认和执行第三国判决的具体规则。然而,为了法律上的确定性,建议欧盟与其最具战略意义的伙伴制定关于承认和执行判决的国际公约。
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引用次数: 4
Family Policy Outcomes: Combining Institutional and Demographic Explanations of Women's Employment and Earnings Inequality in OECD Countries, 1975-2005 家庭政策结果:结合经济合作与发展组织国家妇女就业和收入不平等的制度和人口解释,1975-2005
Pub Date : 2014-01-10 DOI: 10.2139/SSRN.2438617
R. Nieuwenhuis
Women's employment and earnings, as well as earnings inequality, have been rising in OECD countries in recent decades. This dissertation answers questions pertaining to how family policies have facilitated women in combining motherhood and employment, and how women's earnings have affected the inequality between households. Based on well over a million person-level observations, this study covers 18 OECD countries and a period from 1975 to 2005. Reconciliation policies were shown to reduce the employment gap between mothers and women without children, while policies financially supporting families with children enlarge this motherhood-employment gap. Very long periods of leave, however, negatively affect the employment of mothers. More educated women benefit more from reconciliation policies than less educated. Women's rising earnings were found to have attenuated inequality between households. Family policy rrangements that facilitate women's employment not only contribute to smaller inequalities within households, but also between households.
近几十年来,经合组织国家女性的就业和收入以及收入不平等一直在加剧。本文回答了有关家庭政策如何促进妇女兼顾母性和就业,以及妇女收入如何影响家庭之间不平等的问题。这项研究基于超过一百万人的观察,涵盖了18个经合组织国家,时间从1975年到2005年。和解政策被证明可以缩小母亲和没有孩子的妇女之间的就业差距,而在经济上支持有孩子的家庭的政策则扩大了这种母亲与就业之间的差距。但是,非常长的假期对母亲的就业产生不利影响。受教育程度较高的妇女比受教育程度较低的妇女从和解政策中获益更多。研究发现,女性收入的增加减轻了家庭间的不平等。促进妇女就业的家庭政策安排不仅有助于减少家庭内部的不平等,而且也有助于减少家庭之间的不平等。
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引用次数: 25
期刊
International Institutions: European Union eJournal
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