Implementatie van Europese wetgeving in nationale systemen : De Belgische casus bekeken door een multi-level governance bril

Res Publica ◽  
2001 ◽  
Vol 43 (1) ◽  
pp. 59-79
Author(s):  
Peter Bursens ◽  
Sarah Helsen
Keyword(s):  
Explanatory Power ◽  
Multilevel Governance ◽  
Eu Member States ◽  
Combined Use ◽  
Eu Directives ◽  
Multi Level ◽  
Council Of State ◽  
Cultural Features ◽  
The Eu

This article explores the use of the Multilevel Governance (MLG) concept to understand why EU Member-States, such as Belgium, sometimes fail to transpose EU directives correctly or in time. Firstly, it discusses the nature and the value of the MLG concept. It is argued that a theoretical incorporation of the MLG concept in the Neo-Institutional (NI) paradigm is necessary to gain explanatory power. Secondly, an overview is presented of the Belgian implementation record. In the last part, the combined use of the MLG concept and the NI theory identifies several factors to explain failing implementation. It is argued that governance as well as multilevel institutions can constrain the desired smooth implementation. Examples of such hard and soft institutions include the multi-layeredfederal structure of Belgium, the complex co-ordination and implementation mechanisms, the role of advisory bodies and the Council of State, the relation between administrations and 'cabinets', and cultural features such as knowledge of the EU.

Labour Immigration Policy in the European Union: How to Overcome the Tension between Further Europeanisation and the Protection of National Interests?

2020 ◽  
Vol 22 (2) ◽  
pp. 198-223
Author(s):  
Jean-Baptiste Farcy
Keyword(s):  
Immigration Policy ◽  
Added Value ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Labour Immigration ◽  
Eu Directives ◽  
The Eu

Abstract This article critically assesses EU harmonisation in the field of labour immigration. It argues that EU directives are limited both in scope and intensity which explains their relatively low effectiveness and added value. Given the current political and institutional context, the article claims that a truly common labour immigration policy is unrealistic. Labour immigration remains a predominantly national prerogative and EU rules have done little to overcome normative competition between EU Member States. Looking forward, the EU should adopt complementary measures to Member States’ policies. The role of the EU in this sensitive policy area should be better defined and justified, in particular in relation to the principle of subsidiarity.

scholarly journals Multilevel governance: Identity, political contestation, and policy

2020 ◽  
Vol 22 (4) ◽  
pp. 792-799
Author(s):  
Hanna Kleider
Keyword(s):  
European Integration ◽  
Empirical Research ◽  
Multilevel Governance ◽  
Future Research ◽  
Policy Outcomes ◽  
Research Programmes ◽  
Multi Level ◽  
Multiple Levels ◽  
The Eu

This commentary takes stock of how Multi-level Governance and European Integration has helped scholars frame empirical research agendas. It focuses on three specific research programmes emanating from the book: (1) the role of identity in multi-level governance, (2) political contestation in multi-level systems, and (3) the effect of multi-level governance on policy outcomes. It aims to highlight existing knowledge in these lines of research whilst offering several critical reflections and directions for future research. The commentary argues that the book’s observation that governance structures are ultimately shaped by identities rather than by efficiency considerations has proved almost prophetic given recent backlash against the EU. The book expertly shows that there is an inherent tension in sharing authority across multiple levels of government, and that multi-level systems require constant recalibration and renegotiation of how authority is shared.

scholarly journals Inequalities in the European Union—A Partial Order Analysis of the Main Indicators

2021 ◽  
Vol 13 (11) ◽  
pp. 6278
Author(s):  
Lars Carlsen ◽  
Rainer Bruggemann
Keyword(s):  
Indicator System ◽  
Partial Ordering ◽  
Disposable Income ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Per Capita ◽  
Educational Aspect ◽  
The Eu

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.

International Aspects of Investment Liberalization in the PRC: A Case of EU-China Cooperation

2021 ◽  
Vol 13 (3) ◽  
pp. 190-224
Author(s):  
D. A. Potapov
Keyword(s):  
Foreign Investment ◽  
World Order ◽  
Special Focus ◽  
The European Union ◽  
Human Right ◽  
Foreign Investments ◽  
Eu Member States ◽  
International Aspects ◽  
The Eu

The paper examines the role of investment cooperation and national foreign investment regime as a means to promote China’s economic and political interests and to respond to new global challenges that the country faces nowadays. To this end, the author examines the main stages of China’s liberalization of the legal regime for foreign investment from the end of the 1970s with a special focus on a new foreign investment law. In doing so the author attempts to link the evolution of investment regulation in the PRC with the dynamics of international relations development and the changing role of China as a regional and global actor. The author emphasizes that a trend towards the emergence of a polycentric world order not only provokes the rise of international tensions but also provides new incentives to promote dialogue and enhance cooperation between states and non-governmental actors, particularly by encouraging foreign investments. At the same time, there is a growing need to improve regulatory mechanisms for direct foreign investments. All these contradictory trends have directly affected China’s foreign investment regime reform. In this context the investment cooperation between the PRC and the European Union is of particular importance. The EU possesses a set of innovative technological solutions and competencies that are of particular interest to the Chinese leaders in the context of their efforts to modernize the country’s economy. The paper examines the volume, dynamics and key directions of investment flows between China and the EU member-states. The fact that after seven years of difficult negotiations, the EU and China managed to develop a special bilateral regulatory mechanism — EU-China Comprehensive Agreement on Investment — underscores again the importance of this cooperation for both parties. Even though the EU has suspended the ratification of this deal on the pretext of human right violations in the Xinjiang Uygur Autonomous Region, the author concludes, that in the future this agreement will come into force, since the very logic of the emerging polycentric world order urges for deeper cooperation between the EU and China. In this context, the investment regulation appears not only as a means to protect the Chinese economic interests, but also as an instrument to strengthen China’s international positions in the changing global context.

Italy and the politics of European defence: playing by the logic of multi-level networks

Modern Italy ◽  
2004 ◽  
Vol 9 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Paolo Foradori ◽  
Paolo Rosa
Keyword(s):  
Decision Making ◽  
Security Policy ◽  
European Level ◽  
Foreign And Security Policy ◽  
Multi Level ◽  
The Eu ◽  
Common Defence

SummaryThe article looks at the role of Italy in the decision-making arena of the EU Common Foreign and Security Policy (CFSP), analysing the initiatives it put in place to address and influence the construction of a common defence. The article aims to explain the ability or inability of Italy to build up a consensus around its proposals. By studying two initiatives in the field of European defence and security, it seeks to determine the factors which resulted in the differing outcomes of Italian actions at the European level.

Turkey and Europe: The Role of Migration

2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer
Keyword(s):  
European Union ◽  
Political Parties ◽  
The Netherlands ◽  
The European Union ◽  
Full Member ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
The Difference ◽  
The Eu

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

5. Governance Approaches

2009 ◽  
Author(s):  
B. Guy Peters ◽  
Jon Pierre
Keyword(s):  
European Integration ◽  
Multilevel Governance ◽  
Social Structures ◽  
Governance Capacity ◽  
Policy Issues ◽  
Eu Governance ◽  
European Governance ◽  
The Creation ◽  
The Eu

This chapter examines the European Union’s capacity to govern effectively. It argues that the creation of governance capacity for the institutions within the EU is the goal of much of the process of integration. While European integration is to some extent an end in itself, it may also be the means for attaining the capacity to govern a large territory with complex economic and social structures. The chapter first explains what governance is before discussing various criticisms levelled against it and how governance works in Europe. It then outlines a number of propositions about European governance, focusing on multilevel governance, the role of governance in output legitimization, and the claim that European governance remains undemocratic, is highly segmented, and is transforming. The chapter proceeds by looking at changes in European governance styles and policy issues, along with their implications for European integration. Finally, it explores the consequences of enlargement for EU governance.

The ‘puzzle’ of workers’ mobility in Italy

2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino
Keyword(s):  
European Union ◽  
Case Law ◽  
Political Agenda ◽  
The European Union ◽  
Transnational Mobility ◽  
Italian Case ◽  
Eu Directives ◽  
Italian Legislation ◽  
The Eu

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.

scholarly journals Analysing the Power of the European Union’s Diplomatic Service: Do the eu Member States Control the European External Action Service?

2016 ◽  
Vol 11 (1) ◽  
pp. 26-48 ◽  
Author(s):  
Hrant Kostanyan
Keyword(s):  
External Action ◽  
Principal Agent ◽  
The European Union ◽  
Member States ◽  
Agent Model ◽  
Eu Member States ◽  
Principal Agent Model ◽  
European Union Member States ◽  
The Eu

By applying the rational choice principal–agent model, this article examines the European Union member states’ principal control of the European External Action Service (eeas) agent. More specifically, the article applies mechanisms of agency monitoring, control and sanctions that are inherent in the principal–agent model to analyse the establishment and functioning of the eeas. These mechanisms aim to ensure the eeas’s compliance with its mandate, thereby curtailing its ability to pursue own objectives that are independent from the principal. The findings reveal that the eeas is tightly controlled by the eu member states. Moreover the European Commission has tools to exercise horizontal checks vis-à-vis the eeas. The application of the principal–agent model to control the eeas is not without its limits. The model falls short of conceptualizing the role of the European Parliament, which remains an outlier to this model.

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