Two very different cases decided by the European Court of Human Rights illustrate how the non-availability of sufficient reasons, for pre-trial judicial decisions in one case, and for a decision in a civil and administrative matter in the other, can lead to due process violations in terms of Articles 5 or 6 of the Convention of Human Rights and Fundamental Freedoms.
The change in the legal status of third country nationals who are long term EU residents in
Community law coupled with the growing powers of the Community in the field of immigration beg
for a fundamental reinterpretation of Article 12 EC. The narrow reading of the term ‘nationality’ in
Article 12 EC limiting it to the nationalities of the Member States for the purposes of Community law
seems to be impermissible given the growing number of third country nationals falling within the
scope of Community law to whom the article should potentially apply. Given that Directive
2003/109/EC does not outlaw nationality discrimination the non-application of Article...
Gornitzka, Asa; Sverdrup, Ulf
Who provides the European Union with information? This paper examines patterns of participation in the large expert group system under the European Commission. We explore competing propositions about the character of the Commission’s information system, and test four hypothesis about what affects participation in the EU expert group system. We separate between three kinds of information providers: scientists, societal actors and government officials. The empirical section of the paper builds upon an analysis of a data set covering all of Commission expert groups (N=1237). Although scientists, and interest groups, industries and NGOs are prevalent information providers for the Commission, we...
This paper describes and explains the variable extent to which domestic interest organizations
seek access to the multiple venues provided by the EU system of governance. Our in-depth analysis of
four member-states – France, Belgium, the Netherlands and Germany – reveals substantial variance in
multilevel venue-shopping, differences that disconfirm some descriptive accounts reported in the
Europeanization literature. Surprising is that French organizations develop extensive Europeanized
network strategies whereas the political strategies of Dutch interest organizations are, compared to other
countries, rather weakly Europeanized. Our multivariate analysis reveals that the nature of policy issues
significantly explains the extensiveness of multilevel venue-shopping and that generic information on
policy sector or...
Initially off to a slow start, European Union (EU) consular crisis management cooperation eventually developed as a response to exogenous factors. Given that guaranteeing the safety of one’s citizens is seen as one of the core responsibilities of the nation state, however, the EU’s Member States still seem reluctant to transfer this
responsibility to the European level and the EU institutions. At times equated with propaganda, both the terminology and practice surrounding public diplomacy has received increased attention recently. Though not always labelled as such, public diplomacy efforts have gradually been stepped up by national foreign ministries and the EU institutions....
Cuckovic, Nevenka; Jurlin, Kresimir
The issues of competitiveness and economic governance are very much interrelated notions as they reflect well the general level of efficiency of an economy as a whole and especially of an enterprise sector. In the EU context, two levels of economic governance do affect the level of country competitiveness: domestic economic governance mechanisms (policies and institutions) and the EU economic governance mechanisms for both member states and acceding countries such as Croatia. Apart from that, at the country level, macroeconomic and microeconomic governance mechanisms have a direct impact on both domestic and international economic competitiveness. Coordination and economic policy mix...
Why have governments systematically taken positions that are out of synch with what voters want in negotiations
on transferring national sovereignty to the EU? Despite the centrality of this question there is little research that
has focused explicitly on explaining why governments take positions that are out of synch with their voters. Most
existing studies of voter preferences towards European integration have focused either upon the sources of voter
preferences or upon party views towards integration. In comparison, there have been almost no studies that have
investigated the ‘electoral connection’; in other words the process whereby voter preferences are translated into
actual national positions in EU...
Verdun, Amy; Chira, Gabriela E.
The enlargement of the European Union (EU) to the East in 2004 and 2007 so as to include ten former communist countries and two small Mediterranean islands has triggered new questions on the nature of EU governance. We argue that the accession of Central and Eastern European countries (CEECs) to the EU has affected governance patterns in the EU and beyond. Undeniably, the most recent waves of enlargement have had feed-back effects on Europeanisation mechanisms (Grabbe 2006). Also, the European Neighbourhood Policy (ENP) conditionality attached to the Eastern partners will likely follow similar patterns. The EU is proud of its...
Umbach , Gaby; Hofmann, Andreas
Following the focus of the 2009 EUSA conference EU-CONSENT panel on ‘Theorising “EU
Deepening and Widening”: A Return to Grand Theory?’ this paper presents main aspects and
outcomes of the theoretical work of the Network of Excellence EU-CONSENT over the past
four years. The paper presents a set of multi-disciplinary ideas and assumptions about
interrelated causes and effects of EU widening and deepening. It discusses and reflects on
how to merge these assumptions and the approaches of different academic disciplines into a
more integrated structure to further guide and conceptualise research. It elaborates on
assumptions developed as common points of reference and proposes ideas for a theoretical
This paper seeks to contextualize the Open Method of Coordination (OMC) and
enrich our understanding of it by submitting constructivist insights to its policy
assessment with a focus on the Employment Strategy (EES). The most
developed and longest-standing OMC policy area, employment provides fertile
ground for the assessment of a rapidly expanding theoretical perspective in IR
and European integration applied to a growing policy process. Normative
considerations as to the essence of the EU and its future trajectory were highly
influential in the process of launching the OMC.
The paper provides a framework of integration theory and highlights the particular
contribution that the ‘thin’ variant of constructivism has made...
Over the years, in the case-law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a „moderate approach‟ in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more „liberal approach‟ in cases such as Carpenter (2002) and Jia (2007). Under the Court‟s „moderate approach‟, family reunification rights in the context of the Community‟s internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the...
Tillman, Erik R.
This paper develops and tests three hypotheses about the effects of European
integration on voting behavior in the 2001 British General Election. First, preferences over
joining the common currency (Euro) influence voting behavior, as predicted by the EU issue
voting hypothesis. Second, economic voting is weaker among those who believe the national
economy to be influenced more by the EU than by the national government. Third, voter
abstention is higher among those who believe that the economy is influenced more by the EU
than by the national government. Analyses of data from the 2001 British Election Study find
support for the first and third hypotheses, suggesting multiple...
Studlar, Donley T; Frisbee, Stephanie J.
This paper compares the changes in the structures, process, and outcomes related to
tobacco control and population health between (1) the “old EU” 15 members and (2) the recent
12 accession members, mainly from Central and Eastern Europe. Based on the stages of the
Tobacco Epidemic Model and coercive policy transfer through the EU, we expect to find that
policies in these two sets of countries will increasingly converge and that establishment of
stronger tobacco control policies will improve population health indicators in both parts of
Europe, but more rapidly in Accession members than in old-EU members. Utilizing a large data
set from WHO Europe, we compare...
Shaw, Kelly B.
This preliminary research examines traffic safety variables that are influencing the behavior of
interest groups in the European Union. Utilizing a fixed effects estimation model, this research
identifies variables that are influencing traffic deaths in the 15 member states that made up the
European Union prior to May 1, 2004. Time series data analyzing the impact of vehicle
concentration in member states, unemployment, length of roadways, legal driving blood alcohol
levels, speed on roadways, gross domestic product per capita, and alcohol consumption per
capita are examined across time in these countries. Further research on this question will
investigate how interest groups are altering the relationship between these...
This paper seeks to derive insights into the effect of economic integration on social
policy by looking at the application of anti-discrimination rules to social policy
categories. The normative motivation for rules prohibiting discrimination in market
transactions can be distinguished from the normative basis for nondiscrimination in
the relationship between a government and its citizens in social policy. However, the
two spheres are closely related. Judicial decision-making, which is of central
importance in a federal or multi-level governance structure, mediates this relationship
and creates processes of transmission and spillover from market norms to social
policy. The paper traces how these spillovers are handled by reviewing cases that
The central question of this paper is: Could the new EU chemicals regulation REACH play a role in international chemicals governance – and if so, how? The REACH
Regulation is one of the largest and most controversial pieces of legislation that the EU has ever adopted. It introduces a comprehensive and ambitious system for
chemicals management, which moves away from a hazard-based approach toward a more risk-based approach. Furthermore, REACH introduces increased responsibilities for private actors and aims at encouraging more innovation. These
new EU rules for the management of chemical substances are more comprehensive and more ambitious than current efforts at the...
Vink, Maarten; Claes, Monica; Arnold, Christine
The preliminary reference procedure has been crucial in the legal integration of the
Europe Union. The procedure allows the European Court of Justice (ECJ) to involve
national courts in the application and enforcement of European law. In this paper we
analyze why the ECJ receives more requests for a preliminary reference from some
member states than from others. While this is not a new question, only a few systematic
comparative tests have been presented to date, and these display important theoretical
and methodological shortcomings. Theoretically, previous studies underestimate or
neglect two intuitively plausible factors: country size and litigation rates. We argue that
courts in bigger and highly judicialized...
The current EU is a highly institutionalized template for integration,
equipped with a whole spectrum of different modes of regulation ranging from ‘hard’
to ‘soft’ which, particularly in recent years, have been pragmatically combined
together to develop a hybrid and multi-tiered EU system.
The dramatic expansion of the EU governance tool-kit and variety of the objectives
and internal structures of these EU governance tools have relied on a non-clearly
identifiable mix of legal and policy instruments. These changes in EU governance
pose a challenge to the rule of law and its main tenets and do not sit well with the
European Court of Justice (ECJ) because they occupy...
The Treaty of Lisbon as well as its predecessor – The Draft Constitutional Treaty – has been widely discussed under the objectives of the Laeken Declaration, aimed at improving the effectiveness, transparency and democratic accountability of the EU. Although these declared objectives play a role in the revision of the Treaties, a hidden agenda also underlies the reform. In light of an enlarged, but deeply divided Union challenged by ever more pressing problems, the lack of institutional provisions for effective leadership seems to be of major concern to the member states. However, enhancing leadership in the EU is not an...
It is often said that European cooperation on asylum has led to the development of
‘Fortress Europe’, as asylum policies have become more restrictive and asylum seekers find it
increasingly difficult to reach European territory and benefit from effective protection. There can
be little doubt that there have been restrictive asylum policy trends in most, if not all, destination
countries and there are many examples of how existing laws have failed asylum seekers in need
of protection. We argue, however, that there is little evidence for the claim that steps towards a
common European asylum policy have been responsible for, or exacerbated, such developments.
On the contrary,...