EU public procurement law relies on the specific enforcement mechanisms of the Remedies Directive, which sets out EU requirements of administrative oversight and judicial protection for public contracts. Recent developments in the case law of the CJEU and the substantive reform resulting from the 2014 Public Procurement Package may have created gaps in the Remedies Directive, which led the European Commission to publicly consult on its revision in 2015. One year after, the outcome of the consultation has not been published, but such revision now seems to have been shelved. This chapter takes issue with the shelving of the revision process and critically assesses whether the Remedies Directive is still fit for purpose. The chapter focuses on selected issues, such as the interplay between the Remedies Directive and the Charter of Fundamental Rights, and with the general administrative law of the Member States. It also assesses the difficulties of applying the Remedies Directive ‘as is’ to some of the new rules of the 2014 Public Procurement Package, which creates uncertainty as to its scope of application, and gives rise to particular challenges for the review of exclusion decisions involving the exercise of discretion. The chapter also raises some issues concerning the difficulties derived from the lack of coordination of different remedies available under the Remedies Directive and briefly considers the need to take the development of ADR mechanisms into account. Overall, the chapter concludes that there are important areas where the Remedies Directive requires a revision, and submits that the European Commission should relaunch the review process as a matter of high priority.
{"title":"'If It Ain't Broke, Don't Fix It'? EU Requirements of Administrative Oversight and Judicial Protection for Public Contracts","authors":"A. Sanchez-Graells","doi":"10.2139/SSRN.2821828","DOIUrl":"https://doi.org/10.2139/SSRN.2821828","url":null,"abstract":"EU public procurement law relies on the specific enforcement mechanisms of the Remedies Directive, which sets out EU requirements of administrative oversight and judicial protection for public contracts. Recent developments in the case law of the CJEU and the substantive reform resulting from the 2014 Public Procurement Package may have created gaps in the Remedies Directive, which led the European Commission to publicly consult on its revision in 2015. One year after, the outcome of the consultation has not been published, but such revision now seems to have been shelved. This chapter takes issue with the shelving of the revision process and critically assesses whether the Remedies Directive is still fit for purpose. The chapter focuses on selected issues, such as the interplay between the Remedies Directive and the Charter of Fundamental Rights, and with the general administrative law of the Member States. It also assesses the difficulties of applying the Remedies Directive ‘as is’ to some of the new rules of the 2014 Public Procurement Package, which creates uncertainty as to its scope of application, and gives rise to particular challenges for the review of exclusion decisions involving the exercise of discretion. The chapter also raises some issues concerning the difficulties derived from the lack of coordination of different remedies available under the Remedies Directive and briefly considers the need to take the development of ADR mechanisms into account. Overall, the chapter concludes that there are important areas where the Remedies Directive requires a revision, and submits that the European Commission should relaunch the review process as a matter of high priority.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114642241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This working paper studies the Euro-Algerian relationship through the lens of investment in human capital and looks at how European interventions encourage the transformation of Algerian governmentality. In addition to the various policies implemented since the signing of the Association agreement in 2002, the article also interrogates the agendas of local institutions and actors who support or resist this transformative influence. After an introductory section that presents the concept of human capital and its relevance for the Euro-Algerian context, the following sections show how the Euro-Algerian cooperation draws on technologies of standardization, securitization and responsibilization in order to shape a socially integrated, politically and economically moral subject. This empirical analysis serves to understand the ordoliberal character of this intervention. Indeed, the goal of the European Union is not merely to propose a technical intervention in order to promote a stable environment for the modernization of the economy. Instead, the shaping of Algeria's human resources, with the support of diverse segments of the ruling elite, shows the depth of a restructuring that is also political. The relationship between the nation-state and its population is thus affected, as the former is associated with an anthropological process that must foster both economic efficiency and civic awareness.
{"title":"Ordoliberalism Beyond Borders: The EU and Algeria's Human Capital","authors":"T. Serres","doi":"10.2139/ssrn.2832776","DOIUrl":"https://doi.org/10.2139/ssrn.2832776","url":null,"abstract":"This working paper studies the Euro-Algerian relationship through the lens of investment in human capital and looks at how European interventions encourage the transformation of Algerian governmentality. In addition to the various policies implemented since the signing of the Association agreement in 2002, the article also interrogates the agendas of local institutions and actors who support or resist this transformative influence. After an introductory section that presents the concept of human capital and its relevance for the Euro-Algerian context, the following sections show how the Euro-Algerian cooperation draws on technologies of standardization, securitization and responsibilization in order to shape a socially integrated, politically and economically moral subject. This empirical analysis serves to understand the ordoliberal character of this intervention. Indeed, the goal of the European Union is not merely to propose a technical intervention in order to promote a stable environment for the modernization of the economy. Instead, the shaping of Algeria's human resources, with the support of diverse segments of the ruling elite, shows the depth of a restructuring that is also political. The relationship between the nation-state and its population is thus affected, as the former is associated with an anthropological process that must foster both economic efficiency and civic awareness.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124854562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Arab Uprisings moved the EU to learn lessons from past mistakes and re-define its approach to development, democracy, and security. Reality, however, has fallen short of this aim. Analysis of the revised Neighbourhood Policy suggests it changed little, falling back on pre-Uprisings conceptions and discarding approaches which were more inclusive, organic, and better suited to long-term EU interests. Conversely, ArabTrans survey data shows MENA populations display precisely the more substantive and holistic approaches to democracy which EU policy discarded. It also shows supporters of the Uprisings were driven by dissatisfaction with the provision of satisfactory socioeconomic conditions and tackling corruption, and that their expectations of improvements remain largely frustrated. This mis-match between policy and popular expectations leaves existing difficulties unaddressed.
{"title":"After the Arab Uprisings: Popular Expectations and the EU's Response","authors":"A. Teti, P. Abbott","doi":"10.2139/SSRN.2902936","DOIUrl":"https://doi.org/10.2139/SSRN.2902936","url":null,"abstract":"The Arab Uprisings moved the EU to learn lessons from past mistakes and re-define its approach to development, democracy, and security. Reality, however, has fallen short of this aim. Analysis of the revised Neighbourhood Policy suggests it changed little, falling back on pre-Uprisings conceptions and discarding approaches which were more inclusive, organic, and better suited to long-term EU interests. Conversely, ArabTrans survey data shows MENA populations display precisely the more substantive and holistic approaches to democracy which EU policy discarded. It also shows supporters of the Uprisings were driven by dissatisfaction with the provision of satisfactory socioeconomic conditions and tackling corruption, and that their expectations of improvements remain largely frustrated. This mis-match between policy and popular expectations leaves existing difficulties unaddressed.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132290292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper offers a reflection on how the ECB approaches its mandate and tests how well its key crisis-response policies and initiatives rest within a framework of law. It is argued that there are limits to doing ‘whatever it takes’, even when things are considered economically necessary. The Union is based on a foundation of law and excessive discretion, warranted though it may be, can undermine the whole basis of the European project. The paper offers a discussion drawing examples from the ECB's interventions in markets, and its decisions in relation to Greece, as a response to the European debt crisis. The paper then moves on to examine the nature of the ECB’s independence within the institutional structures of the EU and to define how the concept of the rule of law is understood within the European institutional setting. The investigation ends by exploring the tensions between European law, institutional decision making and national constitutional law, by looking at the backlash against the expansion of ECB competences in Germany. The paper ultimately argues that doing the right thing is not necessarily compatible with doing the legal thing. The ECB may not have been currently found to violate its mandate, but the link between economic criteria, such as conditionality, and legality (as determined by recent German challenges to Mario Draghi’s choices) is an unsteady platform from which to defend the rule of law in Europe.
{"title":"Whatever it Takes vs Whatever is Legal: The ECB's Problematic Relationship with the Rule of Law","authors":"Ioannis Glinavos","doi":"10.2139/SSRN.2798692","DOIUrl":"https://doi.org/10.2139/SSRN.2798692","url":null,"abstract":"The paper offers a reflection on how the ECB approaches its mandate and tests how well its key crisis-response policies and initiatives rest within a framework of law. It is argued that there are limits to doing ‘whatever it takes’, even when things are considered economically necessary. The Union is based on a foundation of law and excessive discretion, warranted though it may be, can undermine the whole basis of the European project. The paper offers a discussion drawing examples from the ECB's interventions in markets, and its decisions in relation to Greece, as a response to the European debt crisis. The paper then moves on to examine the nature of the ECB’s independence within the institutional structures of the EU and to define how the concept of the rule of law is understood within the European institutional setting. The investigation ends by exploring the tensions between European law, institutional decision making and national constitutional law, by looking at the backlash against the expansion of ECB competences in Germany. The paper ultimately argues that doing the right thing is not necessarily compatible with doing the legal thing. The ECB may not have been currently found to violate its mandate, but the link between economic criteria, such as conditionality, and legality (as determined by recent German challenges to Mario Draghi’s choices) is an unsteady platform from which to defend the rule of law in Europe.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130418861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
M. Bianchetti, D. Galli, C. Ricci, Angelo Salvatori, Marco Scaringi
We applied the Johansen-Ledoit-Sornette (JLS) model to detect possible bubbles and crashes related to the Brexit/Bremain referendum scheduled for 23rd June 2016. Our implementation includes an enhanced model calibration using Genetic Algorithms. We selected a few historical financial series sensitive to the Brexit/Bremain scenario, representative of multiple asset classes. We found that equity and currency asset classes show no bubble signals, while rates, credit and real estate show super-exponential behaviour and instabilities typical of bubble regime. Our study suggests that, under the JLS model, equity and currency markets do not expect crashes or sharp rises following the referendum results. Instead, rates and credit markets consider the referendum a risky event, expecting either a Bremain scenario or a Brexit scenario edulcorated by central banks intervention. In the case of real estate, a crash is expected, but its relationship with the referendum results is unclear.
{"title":"Brexit or Bremain? Evidence from Bubble Analysis","authors":"M. Bianchetti, D. Galli, C. Ricci, Angelo Salvatori, Marco Scaringi","doi":"10.2139/ssrn.2798434","DOIUrl":"https://doi.org/10.2139/ssrn.2798434","url":null,"abstract":"We applied the Johansen-Ledoit-Sornette (JLS) model to detect possible bubbles and crashes related to the Brexit/Bremain referendum scheduled for 23rd June 2016. Our implementation includes an enhanced model calibration using Genetic Algorithms. We selected a few historical financial series sensitive to the Brexit/Bremain scenario, representative of multiple asset classes. We found that equity and currency asset classes show no bubble signals, while rates, credit and real estate show super-exponential behaviour and instabilities typical of bubble regime. Our study suggests that, under the JLS model, equity and currency markets do not expect crashes or sharp rises following the referendum results. Instead, rates and credit markets consider the referendum a risky event, expecting either a Bremain scenario or a Brexit scenario edulcorated by central banks intervention. In the case of real estate, a crash is expected, but its relationship with the referendum results is unclear.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130002889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper examines the impact of a Brexit (British Exit from the EU) on Ireland’s trade, travel and tourism and it also looks at the financial implications. Tests are carried out to determine if there is causality between GDP and Employment, and forecasts of the impact of Brexit on both GDP and Employment are estimated. Results show that both Ireland’s GDP and Employment figures will be negatively affected - Ireland’s GDP will fall by over €4 billion by 2020 and up to almost €12 billion by 2030. Projected employment will fall by over 15,000 by 2020 and by over 33,000 by 2030. This is the first forecast of the negative impact of a Brexit on a small open economy like Ireland, and the results and estimates should prove useful for economists and policy makers.
{"title":"Brexit and Likely Implications for Ireland","authors":"Patricia Mcgrath","doi":"10.2139/ssrn.2758850","DOIUrl":"https://doi.org/10.2139/ssrn.2758850","url":null,"abstract":"This paper examines the impact of a Brexit (British Exit from the EU) on Ireland’s trade, travel and tourism and it also looks at the financial implications. Tests are carried out to determine if there is causality between GDP and Employment, and forecasts of the impact of Brexit on both GDP and Employment are estimated. Results show that both Ireland’s GDP and Employment figures will be negatively affected - Ireland’s GDP will fall by over €4 billion by 2020 and up to almost €12 billion by 2030. Projected employment will fall by over 15,000 by 2020 and by over 33,000 by 2030. This is the first forecast of the negative impact of a Brexit on a small open economy like Ireland, and the results and estimates should prove useful for economists and policy makers.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116266555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Greek Abstract: Η ολική μeτάλλαξη του αριστeρού Κόμματος ΣΥΡΙΖΑ στην Eλλάδα, από την στιγμή που ανήλθe στην eξουσία δeν έχeι προηγούμeνο. Ο ριζοσπαστικός, αντισυμβατικός και ακραίος λόγος eνάντια στις πολιτικές της σκληρής λιτότητας της αντιπολιτeυτικής πeριόδου , σύντομα μeταφράστηκe σe τακτική υποχώρηση για να υπηρeτeί δήθeν πeρισσότeρο αποτeλeσματικά τα συμφέροντα του λαού. Το κόμμα του ΣΥΡΙΖΑ, eτeρόκλητο κράμα αριστeρών τάσeων, μeταχeιρίστηκe την λαϊκή οργή και αγανάκτηση απέναντι στα οδυνηρά μέτρα της μνημονιακής λιτότητας για να eπιτύχeι την eκλογική απογeίωση του και μeτασχηματίστηκe πολύ γρήγορα από μικρό κόμμα διαμαρτυρίας, σe κόμμα eξουσίας. Eν προκeιμένω, μeτέφeρe χωρίς καμία ηθική πeριστολή, την απeλπισία των πολιτών σe έναν ακραίο ρητορικό λόγο υπeράσπισης των «δικαιωμάτων» τους μe σκοπό την eκλογική του eπικράτηση και την ανάληψη της eξουσίας. Δηλαδή, μeταχeιρίστηκe eργαλeιακά τις προσδοκίeς των απeλπισμένων για την ανάληψη της eξουσίας για το δικό του όφeλος αλλά όχι για την άσκηση της από τον λαό.English Abstract: The total transformation of the left party Syriza in Greece, once came to power is unprecedented. The radical, unconventional and extreme discourse of the opposition period against the austerity policies of the "Memorandums", soon translated into a tactical retreat to supposedly serve more effectively the interests of the people. The Syriza party, heterogeneous alloy of leftist tendencies, treated the popular anger and resentment toward painful austerity measures to achieve electoral takeoff and transformed very rapidly from a small protest party, to a party in power. In this case, carrying no moral curb, despair citizens in an extreme rhetoric defending the "rights" to their election victory and takeover. This means that the Syriza, treated instrumentally the expectations of the desperate people for assuming power for his own benefit but not for the exercise by the people.
{"title":"Ο Τσίπρας και ο ρητορικός λόγος ως Πολιτική (Tsipras and the Rhetorical Discourse as Politics)","authors":"Dimitrios Kotroyannos","doi":"10.2139/ssrn.2752333","DOIUrl":"https://doi.org/10.2139/ssrn.2752333","url":null,"abstract":"Greek Abstract: Η ολική μeτάλλαξη του αριστeρού Κόμματος ΣΥΡΙΖΑ στην Eλλάδα, από την στιγμή που ανήλθe στην eξουσία δeν έχeι προηγούμeνο. Ο ριζοσπαστικός, αντισυμβατικός και ακραίος λόγος eνάντια στις πολιτικές της σκληρής λιτότητας της αντιπολιτeυτικής πeριόδου , σύντομα μeταφράστηκe σe τακτική υποχώρηση για να υπηρeτeί δήθeν πeρισσότeρο αποτeλeσματικά τα συμφέροντα του λαού. Το κόμμα του ΣΥΡΙΖΑ, eτeρόκλητο κράμα αριστeρών τάσeων, μeταχeιρίστηκe την λαϊκή οργή και αγανάκτηση απέναντι στα οδυνηρά μέτρα της μνημονιακής λιτότητας για να eπιτύχeι την eκλογική απογeίωση του και μeτασχηματίστηκe πολύ γρήγορα από μικρό κόμμα διαμαρτυρίας, σe κόμμα eξουσίας. Eν προκeιμένω, μeτέφeρe χωρίς καμία ηθική πeριστολή, την απeλπισία των πολιτών σe έναν ακραίο ρητορικό λόγο υπeράσπισης των «δικαιωμάτων» τους μe σκοπό την eκλογική του eπικράτηση και την ανάληψη της eξουσίας. Δηλαδή, μeταχeιρίστηκe eργαλeιακά τις προσδοκίeς των απeλπισμένων για την ανάληψη της eξουσίας για το δικό του όφeλος αλλά όχι για την άσκηση της από τον λαό.English Abstract: The total transformation of the left party Syriza in Greece, once came to power is unprecedented. The radical, unconventional and extreme discourse of the opposition period against the austerity policies of the \"Memorandums\", soon translated into a tactical retreat to supposedly serve more effectively the interests of the people. The Syriza party, heterogeneous alloy of leftist tendencies, treated the popular anger and resentment toward painful austerity measures to achieve electoral takeoff and transformed very rapidly from a small protest party, to a party in power. In this case, carrying no moral curb, despair citizens in an extreme rhetoric defending the \"rights\" to their election victory and takeover. This means that the Syriza, treated instrumentally the expectations of the desperate people for assuming power for his own benefit but not for the exercise by the people.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122245347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyses the impact of the euro crisis on national parliaments and examines their response to the deepening of EU fiscal integration and the correspondent limitation of their budgetary autonomy. It argues that the sovereign debt crisis has provoked the emergence of new channels of parliamentary involvement in EU economic governance. National parliaments have acquired various rights of approval in the European Semester, strengthened the accountability of national governments, reinforced their scrutiny over budgeting, improved their access to information, and created domestic and supranational avenues for deliberation and political contestation of European integration. In these respects, they have undergone further Europeanisation. While these reforms do not outweigh the centralisation of EU powers, they represent an embryonic step in the parliamentary adaptation to the nascent EU fiscal regime. Yet they are unlikely substantially to influence EMU policy-making processes, because of the democratic disconnect inherent in the EU's multilevel constitution.
{"title":"National Parliaments and EU Fiscal Integration","authors":"D. Jančić","doi":"10.1111/eulj.12172","DOIUrl":"https://doi.org/10.1111/eulj.12172","url":null,"abstract":"This article analyses the impact of the euro crisis on national parliaments and examines their response to the deepening of EU fiscal integration and the correspondent limitation of their budgetary autonomy. It argues that the sovereign debt crisis has provoked the emergence of new channels of parliamentary involvement in EU economic governance. National parliaments have acquired various rights of approval in the European Semester, strengthened the accountability of national governments, reinforced their scrutiny over budgeting, improved their access to information, and created domestic and supranational avenues for deliberation and political contestation of European integration. In these respects, they have undergone further Europeanisation. While these reforms do not outweigh the centralisation of EU powers, they represent an embryonic step in the parliamentary adaptation to the nascent EU fiscal regime. Yet they are unlikely substantially to influence EMU policy-making processes, because of the democratic disconnect inherent in the EU's multilevel constitution.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119242524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article analyzes the European Parliament’s engagement in EU-Ukraine relations for the main period of the Association Agreement negotiations (2010- 2014). This case study reveals the growing independence and relevance of the European Parliament as an actor in EU external relations. Continuing its traditional role of promoting human rights and the principles of democratic rule, the Parliament attempted the role of agenda-setter, installing these principles in the wider context of EU relations with a target country. Furthermore, its focus on the security aspects after the commencement of the Russian aggression against Ukraine manifests its growing ambition towards a new role in EU foreign policy. Although these claims go far beyond the formal Treaty-based competences, they are in line with the trend of the “creeping parliamentarization” of the CFSP.
{"title":"The European Parliament in the Ukrainian Association Puzzle","authors":"O. Moskalenko","doi":"10.2139/ssrn.3014317","DOIUrl":"https://doi.org/10.2139/ssrn.3014317","url":null,"abstract":"This article analyzes the European Parliament’s engagement in EU-Ukraine relations for the main period of the Association Agreement negotiations (2010- 2014). This case study reveals the growing independence and relevance of the European Parliament as an actor in EU external relations. Continuing its traditional role of promoting human rights and the principles of democratic rule, the Parliament attempted the role of agenda-setter, installing these principles in the wider context of EU relations with a target country. Furthermore, its focus on the security aspects after the commencement of the Russian aggression against Ukraine manifests its growing ambition towards a new role in EU foreign policy. Although these claims go far beyond the formal Treaty-based competences, they are in line with the trend of the “creeping parliamentarization” of the CFSP.","PeriodicalId":296326,"journal":{"name":"International Institutions: European Union eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123812097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-01-11DOI: 10.1017/9781316585221.003
Peter L. Lindseth
The aim of this chapter is to offer some fragments of a theory of institutional (and by extension constitutional) change that might shed some light on the interplay between idealism and realism at the heart of this volume. The chapter first lays out some sources and influences for my own understanding of that interplay, using the work of Maurice Hauriou (1856-1929) as the point of entry into the discussion. Hauriou was perhaps France’s greatest administrative law scholar of the late-nineteenth and early-twentieth centuries and, more importantly for our purposes, the progenitor of the ‘theory of the institution and the foundation’. More clearly than any other theorist in my view, it was Hauriou who articulated the ‘special phenomenon of the institution [as] the transformation of an organization of fact into an organization of law, of the real into the right’. Building on Hauriou’s insights (particularly as to the role of ideas in institutional evolution), this chapter attempts to distill out elements of a theory of institutional change in three primary dimensions – functional, political, and cultural – while also introducing certain extensions and complications. From there, the discussion turns to a particular form of interaction between the ‘real’ and the ‘right’: the transformation of a set of ‘institutions’ into a robust ‘constitution’ for a political community. This transformation may be analogized to a kind of ‘phase transition’, to use the language of the natural sciences. Its key manifestation is the manner in which certain institutions attain a legitimacy to exercise not merely regulatory or normative power but also the power of compulsory mobilization, whether human (defense or policing) or fiscal (taxation, spending, and borrowing). Legitimate compulsory mobilization, this discussion suggests, is a crucial element in the political metabolism of a community, converting social resources into work for public ends. It is the ultimate boundary – the Rubicon, if you will – between a merely ‘institutional’ regime as opposed to a robustly ‘constitutional’ order for a particular political community. To illuminate the significance of this institutional-constitutional frontier, the chapter concludes with discussion of an historical example – the emergence and evolution of supranational governance in Europe over the last six and half decades.
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