EU Governance Research Articles

Legitimising EU Governance through Performance Assessment Instruments

The article addresses the production of indicators as policy instruments in European public policy. It discusses the relevant literature on sociology of quantification and European public policy and applies this theoretical framework to the case of European judicial administration policy. Presenting the historical and institutional premises to the creation of two projects of judicial performance assessment by the Council of Europe and the European Commission, as well as their methodology, the article argues that the selection of indicators is a litmus test of debates over the strategies and institutional goals of the organisations proposing them. Connecting the previous analysis with the use of these instruments in the policy-making sphere, the article points out that evaluation tools in European policy, rather than serving merely as informative tools, produce empowerment side-effects in the policy arena for the organisations that developed them. In European judicial policy, indicators provide a sufficiently loose framework to solve vertical and horizontal cooperation problems at the international level, determine policy goals through the selection of areas of measurement and evaluation, and provide proof to influence local and national policy-makers over reforms either through lesson-drawing, persuasion or conditionality.

A tribute to the foot soldiers: European health agencies in the fight against antimicrobial resistance.

The prevention of antimicrobial resistance (AMR) has been a flagship of the EU's health policy since the early 2000s, leading the European Commission to mandate three European agencies to cooperate in the fight against AMR: EMA (the European Medicines Agency), ECDC (European Centre for Disease Prevention and Control) and EFSA (the European Food Safety Agency). This article is at the intersection of EU health policy and the burgeoning scholarship on bureaucratic reputation. Little is known on the role played by reputational incentives on inter-agency cooperation. This empirical work supports the claim that cooperation creates incentives for agencies to protect their reputational uniqueness vis-à-vis each other. However, rather than threatening their cooperation, it amounts to a process of sense-making of their respective roles in the integrated fight against AMR. Evidence is generated through the agencies' textual sources, as well as in-depth interviews and analysed through a narrative analysis. From the early days of inter-agency cooperation, to recent legislative work, this paper offers in-depth insights on the EU's governance against AMR.

Speak softly and carry a big stick: hardening soft governance in EU energy and health policies

ABSTRACT EU governance is experiencing a shift towards soft governance frameworks that incorporate ‘harder’ elements. Using a qualitative case study approach and an original set of elite interviews, we examine two policy areas – health and energy – where similar such architectures – the European Semester and the Energy Union Governance Regulation – are now core governance tools. Three research questions are addressed: (1) What mechanisms are employed to harden these governance frameworks? (2) What is driving this shift? And, drawing on the more extensive experience of the Semester, (3) What lessons can be drawn for energy policy? We establish the experimentalist nature of these two governance architectures and identify a mix of ‘harder soft governance’ (HSG) mechanisms used in both cases. We show that, although similar in structure, the shift towards HSG frameworks is driven by different factors in each case. The more extensive experience of the Semester in health points to the importance of concrete implementation practices; the power of specificity to strengthen soft commitments; the role of policy coupling as a lever for implementation; the potential influence of strategic entrepreneurs; the role of politicisation in pressuring change; and the significance of periodic revision as windows of opportunity for incremental change.

International regulation and global governance: the EU influential method in times of normativity change

This article intends to access the role of governance reforms as a response to the challenges raised by the expansion of normative powers in International and European legal orders. Arguably, traditional legal categories have ceased to adequately reflect the actual stage of economic, social and legal cross-border relations within multiples actors and interests. Changes in International and European law-making are indeed noticeable and result in many regulatory challenges derived from the increased participation of non-state actors. These changes produce impact via soft law instruments, such as recommendations, guidelines, non-binding agreements and reports. Particularly, for decision-making processes involving public interest, questions of legitimacy and accountability are frequently raised in the exercise of authority. In spite of the European Union’s particular structure, the challenges concerning the division and allocation of authority at the EU level are common to those reflected at the international level. In the last decades, there has been an “evolution” in the EU Governance, including the development of good and multilevel governance mechanisms. By implementing a deductive method, this article aims to access to what extend the EU institutional response can encourage and inspire the accommodation of the international legal order to the current normativity changes.

Lessons and learnings from a decade of EU crises

ABSTRACT What are some of the lessons learnt from a decade of crises in European integration? EU studies scholars have set themselves the task not only to gain a deeper understanding of the many aspects of the process of European integration, but also to inform the EU policy debate so that lessons can be learnt from the past. This special issue brings together some of the best papers from the European Union Studies Association’s 2019 conference in Denver, Colorado. Three themes emerge from the collection: the effect of crises on changing modes of EU governance, the impact of domestic politics and public opinion on EU policies, and the growing influence and relevance of the EU’s supranational legal framework.

DIGITALIZATION OF EDUCATION AS A DRIVER OF DIGITAL TRANSFORMATION OF UKRAINE

The article analyzes the development of the education system of Ukraine, taking into account the potential of digitalization in the context of globalization. A specific object of research is the process of transformation of the education system through the introduction of digital services and technologies. In order to conduct a comprehensive assessment of the digitalization potential of the educational system of Ukraine, the disadvantages and advantages of digitalization of educational institutions are analyzed using the example of the implementation of distance learning. The process of digitalization of modern education under the influence of the process of universal computerization and the requirements of the modern information society is considered. Examples of modern computer technologies that are already used in the learning process, their impact on society are given. The scheme of the implementation of international experience in Ukrainian educational institutions is given, the norms and directives of the EU governments in the formation and development of the European Higher Education Area are analyzed. The description of international projects to be implemented by universities is presented. The elements of E-learning are introduced into the educational process based on the results of the projects, including measures aimed at improving the quality of educational services and the qualifications of the teaching staff: a series of trainings related to modern teaching methods of education, practical seminars for teachers and students, etc. Structural model of the functioning of the electronic knowledge platform is presented, elements of the platform for providing educational activities in the field of digitalization in Ukraine are described. Based on a review of publications, regulatory requirements and directives, the article discusses the trends in the process of digital transformation of Ukraine.

Stakeholder analysis with regard to a recent European restriction proposal on microplastics.

Stakeholder involvement is pivotal EU governance. In this paper, we complete a stakeholder analysis of the European Chemicals Agency's recent Annex XV restriction proposal process on intentionally added microplastics. The aim of this study is to map the interests, influence and importance of active stakeholders in order to understand the arguments being put forward by different stakeholders and provide recommendations to policy-makers on how to ensure a balanced consideration of all stakeholder perspectives. Stakeholders were identified through niche media analysis and by scrutinising comments from the public consultation on the restriction proposal. Their importance and influence were mapped using three approaches: "scale from low to high", "psychometric scale" and "qualitative ranking". We identified 205 different stakeholders out of which 77 were industry and trade associations, 25 were large companies and only four were small and medium-sized enterprises. National authorities and researchers did not comment on the restriction proposal, whilst large companies were very active providing comments. Industry trade associations and sports-related non-governmental organizations articulated anxiety about the costs associated with the implementation of the restriction proposal. Among environmental non-governmental organizations, there was consensus that plastics should be handled like other substances under EU's chemical regulation. Primary stakeholders identified exhibited high importance, but varying degrees of influence, while the opposite applied to the major European institutions. Based on our analysis, we recommend that: The European Chemicals Agency implement measures to include "silent" stakeholders and invite guest experts to participate in their committees on Risk Assessment and Socio-Economic Analysis; Researchers should be more active in the public consultation; and that special emphasis should be put on helping small and medium-sized enterprises. With regards to stakeholder consultation, we find that media analysis is a good supplement to stakeholder analysis and that a more objective top-down measure of stakeholder importance and influence is needed.

Soft Law in EU Migration Cooperation with Associated Countries – A Comparative Perspective

The war in Syria transformed the temporary stay of refugees in Turkey, Jordan and Lebanon into a protracted situation. These countries represent strategic partners to the EU in the governance of transit migration. The EU adopted three non-binding bilateral arrangements: The Turkey Statement, the Jordan Compact and the Lebanon Compact. This thesis pursued the following research question: What are the legal effects of the Turkey Statement, the Jordan Compact and the Lebanon Compact on the relations between the EU and these three associated countries in terms of migration and how do they impact the situation of Syrian refugees hosted in these countries? The Compacts had facilitating and strengthening legal effects on the association links with the EU. In contrast, the Turkey Statement had transformative and multilevel legal effects that contributed to an informalization of relations. This study provided one approach to the lack of legal research on the external dimension of EU governance.

EU Banking in the COVID-19 Crisis: Time for a 'New Deal'

The current COVID-19 sanitary and economic crisis requires a “New Deal” between EU governments and EU banks: EU banks agree to partner with governments in enabling the effective transmission of the government’s vital financial support to the real economy in exchange for a transformation of the EU banking sector. This deal consists of a quid pro quo: governments condition the transmission via the banking sector of considerable monies to the real economy on a rationalization of the EU banking sector, which thus would become part of the post-COVID-19 “new normal.”To be successful, this unparalleled support of the EU economy will come with governmental guarantees and fees for banking services. Banks partnering in the salvage operation would be required to review and render their business models “fit for purpose.” A three-layered banking ecosystem in the EU should thus emerge one serving large corporates across the EU and also abroad, a second serving particular geographies and industries, and a third one more focused on retail clients and communities. Given the EU's openness and size, the region should host several banks of global standing and reach. The COVID-19 crisis is also an opportune time to enhance EU capital markets as a complement to the banking sector, especially with London's departure as a European financial center. The necessity of this project has been stated by many; COVID-19 has made it imperative to act. If this “New EU Banking Deal” deal does not materialize, the EU saga will include one more lost opportunity. More importantly, the consequences for both the banking sector and the entire EU financial and economic systems risk being dire. EU and banking authorities will have added to the costs of the economic and health catastrophes unfolding in front of us. Effective EU governance has never been more necessary in the face of major global issues such as COVID-19, climate change, and North-South migration. Now is the time for EU nations and their leaders in the public and private sectors to agree to a more robust financial union serving the EU population and its corporations. In doing so, the EU leadership will have met the growing concerns of an impatient EU public querying the purpose and value of the EU project.

Evidence and Power in EU Governance of Health Promotion: Discursive Obstacles to a “Health in All Policies” Approach

AbstractThis article explores the relation between the meaning of what constitutes ‘evidence’ in the European Commission (EC) and the Health in All Policies (HiAP) concept. Since the 2006 Finnish EU presidency, HiAP is regularly referred to by the Commission, but has not yet been implemented as an overarching political vision. While there is a growing literature on technical implementation of HiAP, little work has delved into the political obstacles to HiAP. This article explores three ways in which the dominant meaning of ‘evidence’ in the EC reinforces neoliberal institutional characteristics in a way that undermines HiAP: The problematization of health reinforces constitutional asymmetry; the definition of ‘EU added value’ hampers positive integration; and the politicization of evidence strengthens the Better Regulation meta‐regulatory agenda. The article suggests that the meaning of evidence in the EC reinforces neoliberal rationality present at institutional level, and calls for more dialogue across public health ontologies.

Industry Modernization Based on the Principles of Smart Specialization. Part ІI. Establishing the Tools for Monitoring and System Analysis of the Impact of Key Technologies on Industry Modernization

The access to information about the demand of industries in EU and other regions of the world for key enabling technologies (KETs) is becoming increasingly important in the context of New Industrial Strategy for Europe, placing innovations at the core of the policies focused on economic development and rising prosperity of nations. This pushed EU governments to initiate change in the statistical approaches to the assessment of reliability and validity of the current methodological framework KETs Observatory to the effect of the following: updating and extension of the KETs Observatory database (collection of data, computations of indicators); preparation of country profiles and analytical reports on prospective innovation products based on KETs; dissemination of the results of KETs Observatory. Summing up the effort of European researchers to improve KETs Observatory, it is revealed that the central decisions are as follows: (i) extension of technology indicators beyond the patent data, because patents do not cover the full chain of technology generation; (ii) stronger focus on statistical data than on expert conclusions; (iii) use of input-output tables for the assessment of KETs implementation for a broad spectrum of economic activities; (iv) change in the algorithm of turnover indicators, to make it possible to correlate patent activities, technology commercialization and indicators of production output on the KETs basis; (v) launch of international comparisons of the output and the demand for products made on the KETs basis. The article contains an analytical review of recent studies of European researchers in the following fields: (i) introduction and applications of advanced industrial technologies; (ii) regional and sectoral frameworks to support industry modernization on the basis of advanced industrial technologies; (iii) applications of the models of cross-regional cooperation and potential synergies for industry modernization in EU; (iv) analyses of business environment and government support to the involvement of small and medium enterprises in industry modernization; (v) monitoring of the investment promoting industry modernization, giving evidence of change in the nature of investment in capital goods in the era of digitalization and new КЕТs in future. It is shown that neither the wide-scale introduction of advanced technologies in the Ukrainian industry nor the statistical monitoring of this process could become a priority for the Ukrainian government so far. The need for elaborating an observation program for regular interviews of Ukrainian industrial producers about investment in KETs, including advanced industrial technologies, their implementation, gained effects and main barriers, is justified. It is recommended to take due consideration of the EU experiences in preparing technical feasibility reports and constructing adequate data sets required for determining new priorities of science & technology, innovation and industrial policies in Ukraine, to accelerate endogenization of economic growth with account to the current tendencies of KETs development.

APPROACHES TO FINANCING DURING GLOBAL CRISIS

The study of financing approaches during the global crisis remains relevant due to new factors that emerge during each new crisis. In 2020, this issue renewed its relevance due to the inability to use the same economic levers that were used to save the financial system during the crisis that began in 2008 because of the already record low interest rates on loans in developed countries, which could no longer be lowered to obtain significant effect on the economy. The article is devoted to exploring the global crisis of 2020, trends and direction of funding during crises. The coronavirus pandemic has led to a "major halt" in business, disrupted global supply chains and slowed the economy, the final impact of which is difficult to predict. In the world economy, Governments and international financial organizations are planning measures of monetary stimulation on an unprecedented scale to restore financial markets and prevent the complete shutdown of all production. At the time of this writing, 2.2 trillion dollars for USA, 3 trillion Euro for the EU and about 400 billion dollars for China rescue / incentive packages were approved. This article discusses the challenges posed by the crisis that has arisen from the spread of the coronavirus pandemic and how states respond to them, as well as where the funding from economic stimulus packages is directed. This article discusses the challenges posed by the crisis, which is unfolding at three levels: in the health sector, in demand reduction for goods and services, and in significant capital outflows. The actions of the US, EU and Chinese governments in the context of crisis management are also analysed. It is determined that in order to successfully overcome the crisis, it is necessary to introduce the correct combination of financial, monetary and fiscal measures to provide the following opportunities: to people – to meet their basic needs; to business – to recover after the worst phase of the crisis caused by the coronavirus pandemic; to state – to find funding available under economic stimulus packages.

Austerity’s failures and policy learning: mapping European Commission officials’ beliefs on fiscal governance in the post-crisis EU

After an initial phase of firefighting against the euro crisis that began in 2010, one that was characterized by policies that focused on strict austerity, from 2014 onwards the European Commission gradually began to ease its recommendations about fiscal consolidation. Between 2015 and 2016, this policy turn was reflected in series of procedural changes in the European Semester. These gave the Commission a certain degree of discretion in applying the rules and interpreting the benchmarks of the post-crisis EU economic governance arrangements. This article investigates if this double shift in fiscal policy and governance that was initiated in 2014 has been consolidated in 2019, and, if so, what has driven that consolidation. By building on the literatures on EU politicization and policy learning, it asks whether the character of this intra-paradigm policy shift has been more Bayesian or sociological. Based on interviews and on a small-scale survey conducted with key civil servants working at the European Commission, we find evidence to support the putative explanation that, through a political process of policy learning, European Semester officials have acquired a more politicized and flexible practice of fiscal governance and a more social vision of the European Semester.

Hegemony Critique and the Crisis of the European Union

In the present essay, I argue that the current EU governance reflects a contradiction between the presumption of a European constitutional framework based on human rights, democracy and the rule of law and the recently adopted economic stability governance defined outside the horizon of the EU treaties. I propose to understand this scenario through the prism of two distinct and context-specific assumptions: a political-sociological hypothesis for which internal contradictions of capitalism are thought to be capable of ‘self-displacing’ to other societal sectors (the ‘colonization thesis’) and a political-philosophical thesis for which EU governance is connected to a decrease in democratic legitimacy and right-standards due to hegemonic control by economic powers (the ‘hegemonic control’ thesis). Both hypotheses testify to the lowering of the standards of protection of fundamental rights and member states’ regulatory capacities as well as to an overall de-constitutionalization of the EU architecture.

The Principle of Transparency and Access to Documents in the EU: For What, for Whom and of What?

Written as a chapter for the third edition of the Traite de Droit Administratif Europeen, directed by Jacqueline Dutheil de la Rochere and Jean Bernard Auby (Bryulant, forthcoming), this paper characterizes transparency as an ambivalent principle of EU law and governance, serving both a functional and a democratic rationale. The analysis focuses on the right of access to documents, a right whose scope and democratic function very much depend on who requests and on the interpretation of the exceptions to access. While the former is a matter of practice, the latter is essentially the result of the main approaches that the Court of Justice of the European Union (CJEU) has followed hitherto: strict interpretation and application of the exceptions, on the one hand, and general presumptions of non-disclosure, on the other. The paper presents both. It argues that, while much criticized in the literature as contrary to the democratic function of the regulation on access to documents, general presumptions of non-disclosure merit a more nuanced analysis. They can be, under restricted circumstances, a way to protect the democratic function of the citizen’s right to access. Yet, the uncertain and evolving criteria for the establishment of a general presumption of non-disclosure have effectively carved out whole categories of documents from the possibility of access, insulating significant sections of EU public action from the pressure of democratic claims. Overall, the right of access to documents, as ancillary to a principle of democracy, has a limited capacity to change the nature of the polity and of the system of governance in which it is embedded.

Towards Stronger EU Governance of Health Threats after the COVID-19 Pandemic

Towards Stronger EU Governance of Health Threats after the COVID-19 Pandemic

The European Union Emissions Trading System reduced CO2 emissions despite low prices

International carbon markets are an appealing and increasingly popular tool to regulate carbon emissions. By putting a price on carbon, carbon markets reshape incentives faced by firms and reduce the value of emissions. How effective are carbon markets? Observers have tended to infer their effectiveness from market prices. The general belief is that a carbon market needs a high price in order to reduce emissions. As a result, many observers remain skeptical of initiatives such as the European Union Emissions Trading System (EU ETS), whose price remained low (compared to the social cost of carbon). In this paper, we assess whether the EU ETS reduced [Formula: see text] emissions despite low prices. We motivate our study by documenting that a carbon market can be effective if it is a credible institution that can plausibly become more stringent in the future. In such a case, firms might cut emissions even though market prices are low. In fact, low prices can be a signal that the demand for carbon permits weakens. Thus, low prices are compatible with successful carbon markets. To assess whether the EU ETS reduced carbon emissions even as permits were cheap, we estimate counterfactual carbon emissions using an original sectoral emissions dataset. We find that the EU ETS saved about 1.2 billion tons of [Formula: see text] between 2008 and 2016 (3.8%) relative to a world without carbon markets, or almost half of what EU governments promised to reduce under their Kyoto Protocol commitments. Emission reductions in sectors covered under the EU ETS were higher.

RUSYA FEDERASYONU’NUN KIRIM’I İLHAKI, AMERİKA BİRLEŞİK DEVLETLERİ VE AVRUPA BİRLİĞİ'NİN RUSYA FEDERASYONU’NA UYGULADIĞI İKTİSADİ MÜEYYİDELER, 2014-2018

This article has been prepared with the view of the intervention of the Russian Federation in the internal affairs of Ukraine and the necessity of evaluating the consequences of the sanctions imposed by the USA and the EU after the occupation and annexation of Crimea. The US and EU administrations have imposed sanctions on the violation of Russian Federation’s international law and tested the hypothesis that the Russian Federation will comply with international law. The dates of the sanctions of the US and EU governments were determined and the effects of these sanctions on the Russian Federation were evaluated. Political and economic effects of sanctions in Russia have been determined. It was observed that sanctions and counter-sanctions had a negative impact on the daily life of the Russian Federation society and punished Russian society indirectly. It is expected that Russia will comply with international law through sanctions. It was understood that the sanctions could not ensure the Russian administration’s adherence to international law. As a result, sanctions in non-democratic societies do not meet the expectations. The paper is valuable because there are limited number of researches in which the issue is addressed in the interaction of economic and political relationsThe interaction between political and economic data was concentrated on. In the first heading research aim, plan and execution process explained. In the second heading collected that opinions on the occupation and annexation of Crimea. There is a consensus on illegality of occupation and annexation according to international law. On December 5, 1994, in the Budapest Memorandum, Russia, the United States and the United Kingdom of Great Britain and Northern Ireland reaffirmed their commitment to Ukraine to respect the independence and sovereignty and the existing borders of Ukraine. The third heading is “Ukraine’s Response to the Occupation and Annexation, Efforts to Establish Dominance in Crimea, Concerns About Russian Federation’s Annexation and Occupation of Ukraine’s Other Areas”. Despite the invasion and annexation of the Crimea by the Russian Federation, Ukrainian administration has not declared open war to Russian Federation. Ukraine has defined the occupation and annexation of Crimea as a problem contrary to international law and has sought international support, especially from the US. The Reaction of the USA and the EU explained in the 4th heading. The US and the EU responded to the occupation and annexation by applying economic sanctions. Ukraine was expected to achieve territorial integrity through sanctions. It is not certain that political goals will be achieved through economic sanctions. The last heading is “Researches on the Types and Effects of Sanctions and Results of the Sanctions”. With the impact of economic sanctions, there is no unity in the contribution of the USA and the EU to the realization of expectations. Some comments suggest that economic sanctions do not meet expectations, and the sanctions are not sufficient enough to ensure the Russian Federation’s retreat from Crimea. In some interpretations, diplomatic and economic sanctions are the most appropriate options since military response is not possible. During the occupation and annexation of the Crimea, Ukraine has sought international support. The reason for Ukraine’s call for international support is obvious. If Ukraine were already more powerful than the Russian Federation, it could prevent the invasion and annexation of Crimea itself. When Ukraine is matching up with the Russian Federation, it is seeking to international support because it knows that the balance of power is in favor of the Russian Federation.

Politics Shakes Up EU Governance

EU governance, which was long apolitical and technocratic, with disagreements handled in private and deals made behind closed doors, has become more politically charged.

Interoperable Information Sharing and the Five Novel Frontiers of EU Governance: A Special Issue

Information exchanges between authorities located at different levels of administration, and in different Member States, have always constituted a central feature of European Union governance. Nevertheless, the increasingly pervasive phenomenon of interoperable information-sharing, where information systems pertaining to different policy fields are joined up to facilitate exchanges of (personal) data, generates new structural challenges to the European Union from a political, legal, and indeed constitutional perspective. In this introduction, besides offering a brief overview of the contributions to the special issue, we argue that interoperability shifts the frontiers of EU governance in at least five distinct respects. It shifts existing boundaries in the divisions of power within the EU; in the reach of its data protection laws; in the tensions between the EU’s commitment to fundamental rights and the principle of mutual trust between the Member States; in the relations between EU, third state, and international authorities; and lastly, between the technicalities of information technologies and critical ethical and constitutional imperatives. interoperability, information-sharing, European administrative governance, data protection, accountability