Comitology

Author(s):  
Paul Craig

The discussion thus far has focused on centralized and shared administration as ways in which EU policy is delivered. This chapter focuses on Comitology and the making of secondary norms, which normally take the form of rules. This cuts across the previous analysis, in the sense that rulemaking is a feature of both direct and shared administration. The structure of the discussion is as follows. It begins with analysis of the problem presented by rulemaking, and the necessity for any polity, including the EU, to administer an area through secondary norms of a legislative nature. This is followed by an historical overview of rulemaking in the EU and the role of Comitology therein. The focus then shifts to detailed evaluation of the approach to rulemaking in the Lisbon Treaty.

Author(s):  
Charles O’Mahony ◽  
Shivaun Quinlivan

This chapter assesses the role of the UN Convention on the Rights of People with Disabilities (CRPD) in driving law and policy reform globally relating to the rights of people with disabilities. By ratifying the CRPD states promise to adopt proactive equality norms and provide positive supports for persons with disabilities. They are also required to involve people with disabilities in the enforcement and implementation of the CRPD. It is thus a valuable tool for those advocating for the realisation of the rights of persons with disabilities that they be treated on an equal basis with others and fully included in society. The potential of the CRPD as a tool for social policy reforms is illustrated with reference to its use to impact EU policy to accelerate the de-institutionalisation and de-segregation of persons with disabilities across the EU.


2014 ◽  
Vol 5 (3) ◽  
pp. 314-323 ◽  
Author(s):  
Lorna Schrefler ◽  
Jacques Pelkmans

Risk regulation is a major task of the EU. In this context, scientific knowledge and advice is critical to the preparation, formulation, legislation and later revision of EU risk regulation. However and with some notable exceptions (e.g. some EU Agencies, DG SANCO), there seems to be no systematic view, let alone, organisation for the ‘use of science’ for EU policy–making. It is in this light that the new function of Chief Scientific Advisor (CSA) to the President of the European Commission can best be appreciated. The authors first sketch how ‘science’ is used in the EU regulatory regime and what is or has become problematic about it. Subsequently, an informal SWOT analysis of the ‘use of science’ for EU policy is conducted. The contribution ends with an attempt to evaluate the CSA's accomplishments to date and how it can contribute to improving EU regulation. This is followed by a few recommendations on how the role of the CSA could be strengthened in the near future.


Author(s):  
Wolfgang Wessels ◽  
Linda Dieke

The observer´s first impression of the European Council is one of tired European Union (EU) leaders who, after dramatic late-night sessions, try to explain ambiguous compromises on key issues of European policies to their media audiences. From a researcher’s perspective, however, there are still many blank areas—a matter resulting from the various obstacles of analyzing this EU institution. The relevance of the European Council’s decisions has driven research on its agenda formation, decision-making and internal dynamics, its legal status and democratic legitimacy. Yet research on the European Council can be cumbersome and methodologically demanding due to the lack of confirmed empirical evidence: meetings of the European Council are consultations behind closed doors and the dense network of mutual information difficult to access. The conclusions are only a concentrate of the discussions held within. It is furthermore a challenge to explain the causal links between the diplomatic language of the conclusions and the real impact these measures have on EU politics. Nevertheless, the European Council is a vivid object of investigation. Since its creation in 1974, the European Council has undergone structural and formal changes: from the increase to up to 28 heads of state or government, to the establishment of a permanent president and the formal inclusion in the institutional setup of the EU in the Lisbon Treaty. From the first “summits” onwards, the Lisbon Treaty had a crucial role in the development of the EU system and the formulation of the underlying treaties. In crisis, it was often the only constellation able to provide consensual and thus effective proposals. Meanwhile, the scope of its activities has been enlarged toward a state-like agenda. It now covers topics at the very heart of national sovereignty. To these issues dealing with core state powers belong economic governance, migration policy, justice and home affairs, and external action, including security policy. Academic controversies about this cornerstone of the Union derive from intergovernmental or quasi-federalist assessments of the institution or from the powers and limitations of “summits” in general and in relation to other EU institutions. Some argue that the European Council shifts the institutional balance toward intergovernmentalist structures. Others stress the European Council’s role in transferring competences to supranationalist institutions. Further debates focus on whether the European Council has (successfully) overtaken the role of a “crisis manager,” or how its embeddedness in the EU institutional architecture could be enhanced, especially vis-à-vis the Council and toward a constructive and balanced relationship with the EP, in future treaty revisions. Analyses of power and of the role of institutions—especially of a key institution as the European Council—are crucial issues of social sciences. Research projects on this highly interesting EU institution will have to assess which methods are adequate: from studying the treaty provisions, formalized agreements and conclusions, to observing its activities as well as tracing external contexts and the internal constellations of the European Council, to evaluating information considered as “anecdotal evidence” from interviews, biographies, and speeches from the few members of this institution.


Author(s):  
Mark A. Pollack ◽  
Helen Wallace ◽  
Alasdair R. Young

This chapter examines trends and challenges in European Union policy-making during times of crisis. It first considers the main trends in EU policy-making that emerge from policy case studies, including experimentation with new modes of policy-making, often in conjunction with more established modes, leading to hybridization; renegotiation of the role of the member states (and their domestic institutions) in the EU policy process; and erosion of traditional boundaries between internal and external policies. The chapter proceeds by discussing the issue of national governance as well as the interaction between European and global governance. Finally, it explores how the EU has responded to the challenges of coping with enlargement from fifteen to twenty-eight member states, digesting the reforms adopted following the implementation of the Treaty of Lisbon, and responding to the economic dislocation associated with the global financial crisis.


2009 ◽  
Vol 4 (2) ◽  
pp. 211-233 ◽  
Author(s):  
Simon Duke

AbstractThe Lisbon Treaty may well be on ice, may perhaps even be moribund, but there remain compelling reasons to think through the identified shortcomings of the European Union in external relations. Many of the innovations in the area of external relations that are contained in the treaty are dependent upon ratification by the EU's member states, but some are not; the European External Action Service (EEAS) falls into the latter category. Although the actual implementation of the EEAS will face formidable hurdles, as has been outlined in this contribution, the exercise of thinking through these challenges is essential if the EU and its members are to begin grappling with many of the issues examined in this special issue — ranging from the role of national diplomats in today's world to the successful pursuit of structural diplomacy and the effectiveness of the EU in multilateral organizations.


2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.


2011 ◽  
Vol 40 (3) ◽  
pp. 198-199

The EU heads of mission in Jerusalem and Ramallah annually produce an end-of-year report on Israeli activities in East Jerusalem for the EU's Political and Security Committee. Though classified as secret, the reports are invariably leaked and widely circulated for the useful historical overview and update they provide on Israel's illegal settlement activity and efforts to Judaize Jerusalem. Unusually this year, Annex 2 of the report, which contains the heads of mission recommendations on steps the EU should take in the coming year to reinforce its longstanding policy on Jerusalem, was also leaked, and attracted particular notice for their somewhat undiplomatic and even confrontational nature. The main “Jerusalem Report 2010” restates the base EU's policy as last reiterated on 8 December 2009: (1) “the EU will not recognize any changes to the pre-1967 borders including with regard to Jerusalem, other than those agreed by the parties”; (2) negotiations must “resolve the status of Jerusalem as the future capital of two states”; and (3) Israel must “immediately end all settlement activities in East Jerusalem, which the EU considers illegal under international law” and “cease all discriminatory treatment of Palestinians in East Jerusalem.”The full text of the “Jerusalem Report 2010” and the recommendations reproduced below are available on the Jerusalem Media and Communication Center Web site at www.jmcc.org.


2021 ◽  
pp. 1-22
Author(s):  
Katharina L. Meissner ◽  
Guri Rosén

Abstract As in nearly all European Union (EU) policy areas, scholars have turned to analysing the role of national parliaments, in addition to that of the European Parliament (EP), in trade politics. Yet, there is limited understanding of how the parliamentarians at the two levels interact. This article fills the gap by conceptualizing these interactions as a continuum ranging between cooperation, coexistence and competition. We use this continuum to explore multilevel party interactions in EU trade talks and show how cooperation compels politicization – national parliamentarians mainly interact with their European colleagues in salient matters. However, we argue that the impact of politicization on multilevel relations between parliamentarians in the EP and national parliaments is conditioned by party-level factors. Hence, we account for how and why politicization triggers multilevel party cooperation across parliaments in the EU through ideological orientation, government position and policy preferences and show how this takes place in the case of trade.


Author(s):  
Christopher Bickerton

This chapter explores the role of member states in European integration. It first looks at the idea of member statehood, exploring its ambiguities and arguing for a more sophisticated understanding of what it means to be a ‘member state’ of the EU. The chapter considers in detail the role played by member states in the EU, highlighting in particular the centrality of member state governments and their power to EU policy-making and its institutions. At the same time it notes the relative absence of member state publics. The chapter ends with a reflection on whether there is a return of the nation-state, with its associated trends of nationalism and inter-state rivalry.


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