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    Bellicist integration? The war in Ukraine, the European Union and core state powers
    (Taylor & Francis, 2022-11-04)
    Kelemen and McNamara claim that the imbalance between the EU’s strong regulatory authority and weak capacity in core state powers reflects its peaceful origins: the EU lacks coercive force, fiscal autonomy and administrative grip because it never had to confront a serious military threat. Will the emergence of such a threat suffice to correct the imbalance? As I argue theoretically, military threats have ambiguous effects on integration. They can fuel center-formation and capacity-building, as Kelemen and McNamara suggest, but also block it. As I show empirically, the military threat posed by the Russian attack of Ukraine in February 2022 has triggered very little EU capacity-building so far. I observe almost no centralization of core state powers but rather a strengthening of national powers with the support of EU institutions: ‘bellicist integration’ rather than ‘bellicist state-building’.
    Wissenschaftlicher Artikel
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    No match made in heaven. Parliamentary sovereignty, EU over-constitutionalization and Brexit
    (Taylor & Francis, 2020-03-01)
    The abundant literature on the UK’s Brexit-decision has focused on explaining the politicization and preference formation leading up to the referendum. But the institutional background has received much less attention. I argue that as a common-law country with a tradition of parliamentary sover-eignty, the UK exhibits institutional features that pose a significant mismatch to the prevailing policy-making mode in the European Union. The latter relies heavily on the constitutionalization of the EU-Treaties with the four freedoms, competition law, and citizenship rights, and accords an extraordi-nary role to the European Court of Justice in policymaking. Constitutionalized European rules regarding freedom of movement and EU citizens’ access to the welfare state drove the politicization of EU-membership in the UK. To understand why ‘taking back control’ found such resonance, it is im-portant to reflect the core features of the UK polity.
    Wissenschaftlicher Artikel
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    Failing on the social dimension: Judicial law-making and student mobility in the EU
    National welfare states and free movement rights are in tension in the European Union (EU). Yet, despite potential free-riding dynamics, fully developed welfare states appear remarkably resilient. Two explanations can account for this in the literature: institutional heterogeneity of welfare states leads to differential impact of free movement, and contained compliance with EU legal obligations means that non-discrimination provisions exist mainly on paper. By example of higher education and student financial maintenance, we show that under adverse conditions, free movement rights need exceptions to not undermine national welfare. Moreover, the incapacity of the European Court of Justice to provide clear and stringent guidelines in regards to EU students’ access to student benefits, confronts potential beneficiaries with significant legal uncertainty. This introduces new inequalities among EU students. Our analysis shows the limits of judge-made law in furthering social justice.
    Wissenschaftlicher Artikel
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      303  1137
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    Panel data analysis and partisan variables: how periodization does influence partisan effects
    (Taylor & Francis, 2015-10-05)
    One central result of macro-quantitative studies in comparative public policy is that the importance of partisan politics on policy outputs has strongly decreased in recent decades. This finding may well be a methodological artifact. I argue that ad hoc standards in panel data analysis, especially using country-years as periodization, create estimation problems which potentially influence results against partisan variables. Therefore, I propose a simple and straightforward, as well as theoretically suitable, alternative to test the influence of partisan politics on policies and use cabinets instead of country-years. Using comparative welfare state research as an example, I show that partisan effects are strong and stable when using a cabinet-based periodization and fragile and weak within the standard procedure based on annual data. This paper aims at suggesting that annual periods do not need to be the best simplification of time in empirical analyses.
    Wissenschaftlicher Artikel
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      187  179
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    Squaring the circle with mutual recognition? Demoi-cratic governance in practice
    (Taylor & Francis, 2015) ;
    This paper analyzes the experience of the EU with mutual recognition in the single market for goods and the European Arrest Warrant (EAW) as examples of multi-centered governance. In how far is it possible to respond to the functional needs for transborder mobility while protecting the choices of demoi and individual rights? Does the experience in the EU show that recognition of diversity is an alternative to harmonization and unity? The single goods market has developed far-reaching vertical elements falling short of a multi-centered regime. With a duty to recognize all rules, it may become meaningless to determine own rules. The EAW, in contrast, operates as a horizontal system but violates the rights of individuals, while honouring those of demoi.
    Wissenschaftlicher Artikel
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      315  329
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    Who cares about nationality? The path-dependent case law of the ECJ from goods to citizens
    (Taylor & Francis, 2011-12-19)
    The role that the ECJ plays in European integration has been much discussed by political scientists. Less is known about how case law develops. In this contribution, I give a historical-institutionalist account and argue that path dependence explains the course that case law takes. Litigants provide positive feedback in this process, aiming to strengthen their rights by transferring legal arguments from one area to the next, leading to a convergent interpretation of the fundamental freedoms. The paper traces this development, analyzing how legal arguments were transferred from goods markets to the free movement of workers and citizenship as a result of positive feedback to a distinct legal interpretation. I discard alternative explanations that explain case law by drawing on the preferences of member states or judges.
    Wissenschaftlicher Artikel
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      244  241
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    Perspectives on EU governance: an empirical assessment of the political attitudes of EU agency professionals
    EU-level agencies have emerged as important actors on the EU’s policy-making scene. To date, we know relatively little about the personnel working in EU agencies: What attitudes do EU agency staff members hold on issue-dimensions relevant for the EU integration process? How do they perceive of their role in EU policy-making? Moreover, we know little about the cohesiveness of attitudes of agency staff within and between different EU agencies. The aim of this contribution is conceptual and empirical-descriptive. It draws on original data from an online survey of professionals working in EU agencies to gain insights into the attitudes held by EU agency staff on three substantive attitudinal dimensions: conceptions relating to legitimate and accountable EU governance, conceptions about the preferred level of centralization of political authority in the EU, as well as views on economic governance in the EU. While the conceptual focus of this paper is on attitudes and not on behaviour, the attitudes held by EU agency staff and their relative homo- or heterogeneity is likely to affect perceptions and evaluations of the political environment and interpretations of the challenges agency staff members face in their substantive area of work. The findings of the survey will enable us to draw broader conclusions about the type and quality of accountability relationships as well as of the EU’s democratic legitimacy. Moreover, the data will permit to inform arguments about the actor quality of EU agencies, which are often conceived as efficient institutional solutions to overcome commitment problems.
    Wissenschaftlicher Artikel
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      213  388
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    Conflicts about intellectual property claims: the role and function of collective action networks
    (Taylor & Francis, 2010-03-03) ;
    Decision making processes in Europe involve complex networks of actors who are trying to influence them on the various levels of the European multi-level governance system. Interest group research often assumes that the ability of an actor to exert influence depends mainly on its financial and personal resourcefulness, on its ability to provide expert knowledge and on its economic and/or political power. Recent conflicts in which “weak” actors were able to persist have challenged this assumption. We claim that a careful analysis of the actor networks is able to complement the traditional actor-resource-centered perspective, and that paying attention to the structure of collective action networks is necessary to fully grasp the dynamics of decision-making processes in Europe in which the power of networks sometime outweighs the power of resources.
    Wissenschaftlicher Artikel
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      172  301
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    Convergence towards where: in what ways, if any, are welfare states becoming more similar?
    This article examines whether or not OECD welfare states have converged since 1980. Making use of a variety of concepts of convergence, we analyze the development of a broad range of quantitative welfare state indicators, including several expenditure-based indicators, revenue patterns, benefit replacement rates and decommodification. Contrary to what one might expect from much of the theoretical literature, we find that, although there is evidence of moderate welfare state convergence, it is limited in magnitude, various in directionality and contingent upon the indicator under examination. Overall, our findings do not provide any strong evidence either for a race-to-the-bottom or for the Americanization of social policy, the two most common convergence scenarios encountered in supposedly informed public policy commentary.
    Wissenschaftlicher Artikel
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      175  221