Supranational Governance Research Articles

Revisiting “An Ever Closer Union of Law and Values”. Still Paddling Together?

The ambition of this analysis is to move beyond the dominant perspective of human rights and instead embrace the neglected dimension of the axiology of the supranational integration. The technical question “how” supranational governance must today respond to the changing context of the law of integration and go hand in hand with revisiting the “why”, despite all our differences, we are still ready to live together within the supranational community. Such a shift in the emphasis is necessary given the fact that the law of integration read only through the prism of market has proven ineffective when it comes to counteracting new kinds of legalistic dangers that feed off „the politics of fear”, where the law is used not to empower but to disempower, not to liberate but to oppress, not to bring to the surface, but to hide and manipulate. In these circumstances one of the major scientific and political tasks is thus to improve the understanding of the novel threats on the individual, social and political levels and in this way to develop counter strategies and counter narratives. In other words, supranational governance needs a new conceptual justification that would explain the ethnography and the practice of supranational law of integration when faced with the novel forms of contestation. It is argued that the value discourse associated with supranational legality provides a truly paradigmatic turn in the studies on the supranational governance and design. In this spirit the analysis invites attention and more robust research to the neglected first order questions of belonging and identity in a common legal order where all the actors are being challenged to rethink their allegiances and anchor them firmly within the framework of common values and aspirations. For that to happen, though, a new narrative is needed, one that would provide all the actors of the law of integration with the discursive framework and a point of reference to defend and better explicate transnational democracy and the rule of law, and not just human rights, as the constitutional essentials (“First Principles”) of the supranational legal order.

Institutional change, sovereigntist contestation and the limits of populism: evidence from southern Europe

Abstract It is widely recognized that populists oppose the delegation of more decision-making to supranational actors and that this tendency can be constrained by other branches of government, geopolitical power pressures or factors such as whether populists are minor or major members of coalitions. The literature, however, has not elaborated on how the transformation of international organizations can affect populist politics. We aim to fill this gap with an examination of how the NextGenerationEU (NGEU), a redistributionist and solidaristic form of supranational governance, undermined populist opposition to the European Union in selected beneficiary countries. To demonstrate this, we explore populist discourses in France, Italy and Spain during four successive crises in the EU's history in which its structure and identity were at stake and which prompted debates on the future in/of the EU: the referendum on the Constitutional Treaty of 2005, the Greek referendum of 2015, the Brexit referendum of 2016 and the COVID–19 crisis, followed by the Recovery Fund/NGEU of 2020. Observing populist discourses during the acute phases of these four crises allows us to observe a consolidated trend of populist contestation until 2020, when the NGEU was announced, and supports the conclusion that populists, especially in Spain and Italy, went in a less sovereigntist direction as a result of the NGEU.

The politics of integration in retrospect and the supranational mega‐politics of governance and design in prospect: A roadmap

AbstractThe article argues that the ever‐closer Union among peoples of Europe finds itself at a critical juncture: the unstated and implicit assumption of a community made up of liberal democracies is being challenged and pitted against the rival rebirth of the nationalistic narrative of uniqueness and self‐sufficiency. The readiness to live, or paddle together, is on the line as the once sacrosanct ‘ever closer union among the peoples of Europe’ seems to be the focal point of the principled disagreement that calls into question the very belonging to the community and its continued existence. Faced with these challenges, this article charts an interdisciplinary and holistic road map to grapple with the big supranational questions of the day. It argues that the traditional European discourse moves beyond the technical dichotomy of ‘market regulation versus deregulation’ and ‘Union competence versus Member State competence’ and instead zeroes in on the more fundamental questions pertaining to mega‐politics centred on the identity of the common legal order. While the analysis appreciates the critical interaction between the legal dimension of European supranational integration—the search for optimal tools to safeguard the integrity of the supranational order—it stresses the importance of the ethical face—the narrative and justification that would explain in the name of whom the supranational governance and design acts when it defines and then defends its narrative and First Principles of the common legal order today in flux more than ever.

A ‘Europe of defence’? The establishment of binding commitments and supranational governance in European security and defence

ABSTRACT Cooperation between EU member-states in the field of security and defence is increasingly difficult to reconcile with the notion of intergovernmentalism. The decisions to establish the European Defence Fund (EDF), Permanent Structured Cooperation (PESCO), the Coordinated Annual Review of Defence (CARD) and most recently the European Defence Industry Reinforcement Through Common Procurement Act (EDIRPA) have resulted in integrative commitments between EU member-states. In order to account for these commitments, we must analyse the positions and perspectives of key (France, Germany, Italy, and Spain) EU member-states. The article adds to the literature on European integration in two respects. First, by developing indicators to identify and establish the extent to which a move beyond intergovernmentalism has taken place. Second, through the application of a comprehensive approach, which is required in order to understand why EU security and defence integration has come about.

“Win-lose” globalization and the weaponization of economic policies by nation-states

PurposeAfter decades of hypergrowth, since the 2008 global financial crisis there has been a deceleration of globalization and a partial jamming of its main engines (trade and foreign direct investment [FDI]). This study aims to critically reflect on the current phase, labeling it as “win-lose globalization” characterized by firm-firm competition increasingly intertwined with that between the respective nation-states, which aim to be the relative winners, even at the expense of joint absolute gains. Acting as “strategists,” states implement policies to weaponize economic interdependences, which the paper analyzes.Design/methodology/approachThe approach is “problem setting” rather than “problem solving.” The latter offers well-defined solutions but often assumes unambiguous definitions of problems, which obscure their complexity. This phase is so intricate that the problem itself is problematic. Thus, to advance knowledge, the focus is given on nation-state policies: FDI screening and the politicization of international trade relations; protectionism; misuses of antitrust and regulation.FindingsThe intensification of firm-firm/state-state competition, seeking disproportionate gains over rivals, is the ultimate result of the contradictions and dissatisfactions accumulated over decades of globalization, the benefits of which have been far from equally distributed. Conflicts in international economic relations are bound to intensify, and a return to win-win globalization is unlikely. International cooperation to strengthen existing/new supranational governance institutions in the interest of absolute global inclusive benefits is urgently needed.Originality/valueThe paper integrates the international business debate on the fate of globalization with interpretations from industrial policy studies and international relations theory. This allows for suggestions for policymakers, corporate executives and scholars.

How to stop economic growth

<p style="text-align:justify"><span style="font-size:16px"><span style="font-family:Times New Roman,Times,serif"><span dir="ltr" lang="EN-US"><span style="color:black">The answer to how to stop economic growth must be political rather than economic. Economic growth made by men has an impetus which can only be stopped by a deliberate choice. It takes national and international decisions to stop it. In order to organize a moratorium on economic growth (which eventually must lead to a stop on growth) I suggest to create blocks of nations in the world. The European Union can function as a model for such a block. The E.U. is on its way of becoming a supra-national government which was created to ensure a level playing field for its members. Now it is meant to create economic growth for its members, in the future its administration should be used to stop it. Blocks should agree on the targets to reach a durable economy. Globally or between certain more advanced blocks a date should be set to stop economic growth after that date. Each block should implement the goals to reach a durable economy and prevent products reaching its market that violate the goals of durability. Blocks in developing countries cannot be expected to stop economic growth. They need that growth for two reasons. Eventually they must reach the level of existence in the more advanced block and secondly they must have the time to improve the standard for durability of their products. They need the aid of the developed countries to reach a higher but also more durable level of production, but this aid comes with a quid pro quo, In the meantime they must do their utmost to stop wars in their regions and conduct a responsible population-policy to reduce the growth of their population and let it reduce on the long term.</span></span></span></span></p>

How Governance Can Contribute to Amazon Biome Conservation?

Forest conservation has transcended environmental concerns and become a determining factor in global social and economic issues. Therefore, setting forest conservation goals, including recovery and/or reforestation, is critical to help mitigate global warming and climate change. Although Amazonian countries have forestry policies for forest conservation, the forest continues to be degraded. The aim of this article is to suggest a regional governance model for the nine countries that share the Amazon rainforest. The thesis of the paper is that the definition of a common legal basis for the nine countries can contribute to forest conservation. Through qualitative analysis of exploratory and descriptive variables, the main topics related to the proposal of a governance model were identified. Multi-level governance contributes to the environmental conservation process by creating an environment to engage local, national, and international stakeholders from diverse groups. As a result of this paper, we suggest the creation of a supranational governance, composed and regulated by each of the nine countries of the Amazon biome and having as reference the AFR100 initiative. The proposition and creation of governance among Amazonian countries are fundamental for achieving the objectives for the conservation of the biome; such governance must take into account existing public policies, institutional mechanisms, and financial commitments. Although the Amazon countries present a framework of policies and commitments that seek to preserve the biome, the reality is that forest degradation through deforestation with negative effects on the climate and on the communities that depend on the standing forest still exists.

Supranational Thinking out of the Box. “To Ensure that the Law is Observed”: Anchoring the Value Turn and Supranational. Legality in the Case Law of the Court of Justice

In recent years, the European Union (“EU”) has faced unprecedented challenges in the rule of law. Besides apparent dangers, it has also offered the Union, its institutions and member states important space for new openings, self-rediscovery, and revisiting certain integration paradigms. This analysis argues that the “rule of law/value crisis” in the EU has created the same space for the Court of Justice to take on the paradigmatic jurisprudential shift from the market to the union of law and values. It posits that the European discourse must revisit the theory of supranational adjudication and offer a new reading of the Court’s mandate and function within the evolving supranational governance and design. In this process, reference to Art. 19 TEU and its connection to Art. 2 TEU have a special explicatory and axiological significance.

Competing Visions and Constitutional Limits of Schengen Reform: Securitization, Gradual Supranationalization and the Undoing of Schengen as an Identity-Creating Project

Abstract Schengen integration has been home to different visions from the outset. In this vein, it owes much of its success to the fact that it has been both practical and symbolic in nature. However, this equilibrium of different visions has been upset following a series of crises. By prioritizing security considerations over alternative visions of Schengen, some Member States have reintroduced internal border controls on a quasi-permanent basis. Current reform proposals seek to address this situation but may be unable to revive the co-existence of the different visions underpinning the earlier phases of Schengen integration. Rather, as this investigation suggests, the reform that is currently being discussed would reaffirm the nature of Schengen integration as a pan-European security project. While this goes hand-in-hand with elements of supranational governance and coordination, it may impair the role of Schengen as an identity-creating project. This investigation analyzes the elements of the reforms discussed, presents them in the light of different visions of Schengen, and draws attention to possible constitutional limits of its reform.

Community and governance beyond the nation-state in the 21st century: introduction to the special issue on the legacy of Ernst B. Haas

ABSTRACT Ernst B. Haas was a leading authority on international relation theory who pioneered the fields of European integration and supra-national governance. This Special Issue re-evaluates the significance of his work for the present time and explores lesser known research areas opened by the founder of neo-functionalism. Two workshops at the European University Institute, Florence, in 2023 and the International Studies Association in 2024, produced original articles by scholars whose work builds on and engages with Haas’ approach. They address topics ranging from the role of expertise in politics, and the tension between liberalism and nationalism, to the rise of policy areas such as environmental change, human rights and migration. Haas’ work on these themes makes a crucial contribution to understand current global challenges. To complement this picture, an essay by Peter Haas links Ernst Haas’ intellectual development to his life experience.

Properties of supranational governance structures and policy diffusion: The case of mifepristone approvals

Many studies show that supranational governance structures (SGS)—understood as international organizations or international treaties—contribute to the global diffusion of public policies. However, we still have a limited understanding of which properties of SGS hasten the number of policy adoptions. To advance this literature, we argue that SGS making legally binding and univocal claims are more likely to act as diffusion accelerators. We demonstrate the suitability of this argument through a case study of the global diffusion of mifepristone approvals, a single‐purpose medicine to terminate pregnancies that has revolutionized abortion services. The analysis supports our expectation. Links to the EU and the Maputo Protocol—the only two considered SGS that make binding claims with clear implications for this policy field—hasten mifepristone approvals. By contrast, ratification of four other treaties—that do not make binding and univocal claims—and exposure to World Health Organization guidelines on medical abortion does not hasten these approvals.

МЕЖГОСУДАРСТВЕННОЕ ОБЪЕДИНЕНИЕ БРИКС. СТРАНИЦЫ ИСТОРИИ И СОВРЕМЕННОСТЬ. ЧАСТЬ 1

The article is about the formation and development of the BRICS interstate association. The author traces the history of that integration association, starting from the very first meetings of representatives of the member states and up to the present time, when BRICS is on the threshold of large-scale expansion. The paper characterizes the ever-growing economic, demographic, resource, and humanitarian potential of the BRICS, as well as the deepening and increasingly diverse integration cooperation of its members in the political sphere, in combating security threats, in economics and f inance, science and industrial development, agriculture, environmental protection, humanitarian sphere, education, youth policy, sports, tourism, and others. In reconstructing the history of the BRICS, the author refers to the Declarations of fifteen summits of the organization and a number of other fundamental documents, which enable identifying the characteristic features of the BRICS as one of the influential actors of the new world order of the 21st century, to get a comprehensive picture about shaping the field of the organization’s activity. The organization which is neither a defensive bloc nor an economic union, which does not (at least for the time being) have a developed structure of supranational governance bodies, but with its own clearly defined political, economic and humanitarian agenda

МЕЖГОСУДАРСТВЕННОЕ ОБЪЕДИНЕНИЕ БРИКС. СТРАНИЦЫ ИСТОРИИ И СОВРЕМЕННОСТЬ. ЧАСТЬ 2

The article is about the formation and development of the BRICS interstate association. The author traces the history of the integration association, starting from the very first meetings of representatives of the member states and up to the present time, when BRICS is on the threshold of large-scale expansion. The paper characterizes the ever-growing economic, demographic, resource, and humanitarian potential of the BRICS, as well as the deepening and increasingly diverse integration cooperation of its members in the political sphere, in combating security threats, in economics and finance, science and industrial development, agriculture, environmental protection, humanitarian sphere, education, youth policy, sports, tourism, and others. In reconstructing the history of the BRICS, the author refers to the Declarations of fifteen summits of the organization and a number of other fundamental documents, which reveal the characteristic features of the BRICS as an influential actor in the new world order of the 21st century, to get a comprehensive picture about formation of the activity field of the organization, which is neither a defensive bloc nor an economic union, which does not (at least for the time being) have a developed structure of supranational governance bodies, but has its own clearly defined political, economic and humanitarian agenda.

PARADOXES AND PERSPECTIVES OF SUSTAINABILITY IN THE THIRD MILLENNIUM

Possibly as a result of the threatening and destructive effects that the two world wars brought to the world, in the second half of the 20th century, concern about planetary problems became more acute. And, in this wake, one of the emerging phenomena was the proliferation of supranational organizations and institutions focused on a concern with international issues, especially those whose impacts acquired a global scope. The cold war, competition for the hegemony of imperialist nations such as the USA and the Soviet Union, promoted a race for protagonism in the military, technological and industrial areas, advancing in an unprecedented and excessive manner the exploration of environmental resources. In search of two results at any cost, without the intention of optimizing profits, turns to the purpose of neoliberal capitalism anchored in multinational corporations, which now becomes preponderant in global terms. And if it includes the exhaustion of two natural resources, it is conditioned for greater profits. In this scenario, despite two supranational governments and institutions, it is articulated in the sense of promoting sustainable development, and periodic events will be organized to defend the environment, the initiatives implemented seem more palliative in the face of the voracity of two markets. How, then, to effectively confront this paradox? Are there effective prospects for overtaking it? The reflection brought here aims to address these issues and the implications inherent to them, starting from a discursive theoretical basis of Habermasian inspiration to analyze the phenomenon of sustainability on planetary level, from a democratic and civic perspective (cosmopolitan and active).

Cross-Border Cooperation between the Russian Federation and the Republic of Belarus: Development Problems in New Economic and Political Conditions

The authors consider the economic and political situation around Russia and Belarus in 2022–2023 as new conditions, as well as its influence on relations within the Union State of Russia and Belarus. Border area as a territory adjacent to other states is inevitably involved in international trade and cooperation, but its role can be both contact and barrier, and development is both dynamic and becoming depressed. The article describes the factors of global processes affecting the border and its features on the territory of the Russian Federation and justifies the use of the theory of “center — periphery” for further analysis of the border space between Russia and Belarus. The two states are obliged to build a system of border interaction. This system should be part of a system of supranational governance built to solve the problems of two sovereign states. Cross-border cooperation is not only a managerial, but also an economic resource that will deepen union integration.

How do universities’ organizational characteristics, management strategies, and culture influence academic research collaboration? A literature review and research agenda

AbstractIn the contemporary science and higher education system, national and supranational governments fund and foster universities to collaborate through specific funding lines and competition in World University Rankings, making it indispensable for universities to demonstrate collaboration at the organizational level. Thus, universities strive to encourage their scientific members to collaborate – and to different degrees – facilitate forms of collaboration. Questions on how universities as organizations influence academic research collaboration arise. To go beyond the existing literature, this study firstly develops an analytical two-dimensional framework organizing the literature on four levels of investigation (meta, macro, meso, micro). Based on this framework, the paper presents a literature review of the current state of the art in academic research collaboration. Secondly, the paper establishes a research agenda by synthesizing organizational influences found as organizational characteristics, management strategies, and organizational culture and presents three research avenues for future research. The paper concludes that we have only just begun to study the organizational influences of universities (especially the organizational culture) on academic research collaboration and how these organizational categories are interrelated.

Protection of honor, dignity and business reputation of citizens in international law

Honor, dignity and business reputation are moral and legal categories that, in one way or another, reflect the assessment of moral and other qualities of a person. In the article, the author highlights the historical, legal and international aspect of the institution of honor, dignity and business reputation of persons, characterizes these categories as objects of legal protection; considers ways to protect violated human rights, as well as highlights some of the problems that arise in connection with this protection. An important role in the study is given to international non-governmental organizations established to promote international cooperation in the field of protecting the rights and freedoms of a person and a citizen. A special specificity of such activities of INGOs is the presence of a related area of activities with state and supranational government structures. Moreover, its inextricable link with politics within the existing international legal order is emphasized.

ЄВРОСКЕПТИЦИЗМ У ПРОГРАМНИХ ЗАСАДАХ ІСПАНСЬКОЇ ПРАВОРАДИКАЛЬНОЇ ПАРТІЇ VOX («ГОЛОС»)

The article examines the programme principles of the right-wing radical party «Vox» in Spain. The factors that influenced its emergence and further development are studied, the factors that led to the growth of the popularity of this political force are identified. The specific features of Spanish nationalism, the role of the historical past and Catholicism in its formation are analysed. A special role in the study is given to the analysis of manifestations of Euroscepticism in the activities of the Voice. It is noted that it is moderate in nature and focuses primarily on the desire to strengthen the role of national governments, rejecting any supranational governance bodies whose decisions would be binding on EU member states. An analysis of the party's programme documents and speeches by its leaders shows that nationalism is the key dominant cluster, and the issue of European integration is not a priority in them. In these documents, «Vox» acts as an opponent of the EU on a number of issues related to the country's participation in the EU and its activities. While criticising the EU and revealing the negative consequences of Spain's participation in this structure, «Vox» and its leaders have never raised the issue of the country's withdrawal from the EU. Its criticism is primarily related to the rejection of the model in which the integration process is implemented. The party does not accept the EU's course towards federalisation and further expansion of its functions at the expense of the sovereignty of national states. «Vox» presents its voters with its vision of the model for the implementation of European integration. The European Union should become a community of free nations that cooperate with each other and join forces in areas where they can definitely achieve much faster and more efficiently together than separately. The peculiarity of the Voice is that a significant place in its programme documents is occupied by foreign policy issues, in particular, EU foreign policy. The party and its leaders fully support the EU's policy towards Russia in the Ukrainian crisis. They are in favour of developing EU-Spain relations with the US and NATO. The analysis of the party documents of «Vox» allows us to conclude that the issue of European integration is not central to the party. Criticism of the EU and the inclusion of this topic in the party's ideological postulates stem from its ideological basis, formed on the basis of key concepts of Spanish nationalism, adapted to the realities of Spain's modern development and the challenges it faces in the context of globalisation. Keywords: Spain, political party, Euroscepticism, «Vox», right-wing radicalism.

The genie of independence and the European bottle: How independence became Europe’s most contentious legal and political category

Abstract Over the past decades, the notion of “independence” has become an object of contention in EU politics in fields ranging from monetary policies to rule-of-law standards, to regulatory agencies. This article takes a broad socio-genetic approach to question the deep-seated, cross-sectoral entanglement between EU polity and the notion of “independence.” It explains how the European Union has been a laboratory of the notion of “independence,” transforming it from a negative institutional device (independence from) into a broad empowering technology of supranational government connected to notions of general interest, professional expertise, and discretionary powers (independence for). The article analyzes the emergence of this European style of independence in conjunction with the jurisdictional claims and legitimizing efforts of the European Court of Justice (“the Court”), the European Commission, and the European Central Bank. The article examines three major EU constitutional crises from the inaugural years of the mid-1960s to the creation of an uber-independent European Central Bank in the 1990s and the more recent debates on judicial independence, and it traces how a controversy on the meaning and scope of independence unfolded in each of these critical junctures. The article is meant to spark a productive debate about Europe’s “independence wars” in view of framing a more robust, yet democratically open, notion of independence to which policymakers (whether European or national) could be held accountable.

Seamless imaginaries, territorialized realities: the regional politics of corridor governance in Southern Africa

ABSTRACT Corridors are central to contemporary processes of spatial reordering. On the African continent, they feature prominently in development planning at national, regional and continental scales. This article sheds light on the regional politics and supranational governance of cross-border corridors, aspects that have remained underrepresented in the burgeoning literature on corridors. Combining theoretical insights from the New Regionalism Approach and critical political geography and focusing on the ‘corridor agenda’ pursued by the Southern African Development Community (SADC), the article deconstructs dominant conceptions of corridors as archetypal spaces of flow and advances the argument that the spatial production and governance of cross-border corridors are contingent upon the compatibility of scalar and territorial articulations of state space. In the case of the Walvis Bay–Ndola–Lubumbashi Development Corridor, the incompatibility of Namibia’s decidedly regional ‘gateway strategy’ and Zambia’s (sub)national ‘pothole politics’ has yielded a connectivity patchwork. Efforts to institutionalize supranational corridor governance have been obstructed by state territoriality aimed at retaining political control over corridor space at the national scale. While commonly represented as spatial panaceas for attaining neoliberal meta-goals of global connectivity and seamless territorial integration, (trans)regional corridors are politically contested spaces that engender dialectical processes of de- and reterritorialization at various scales.