Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

Two decades of steady progress have transformed ASEAN into a permanent component of world politics and a model for Third World cooperation. Its study should now be mandatory. The Palmer-Reckford volume provides an excellent introduction to ASEAN member states and the organization itself. It reviews problems and promises meticulously and comprehensively and should become required reading. Hans H. Indorf, President, Asian Affairs Analysts In this comprehensive new volume, the authors trace the history of the Association of Southeast Asian Nations (ASEAN) from its formation in 1967 to the present day. They discuss political, economics, and security issues involving each of the member countries (Indonesia, Malaysia, Thailand, Singapore, the Philippines, and Brunei). The authors focus on the ASEAN's efforts to promote regional cooperation in the face of the divisive economic, strategic, and diplomatic interests. ASEAN policy towards Indochina, is discussed in depth, as are efforts to create cooperative economic ventures. Their conclusion maintains that the success of ASEAN is due largely to the individual achievements of member nations rather than to ASEAN as an institution. Finally, they make a number of recommendations for improving ASEAN's effectiveness.

A critical overview of European Union energy law and policy, this book takes a law-in-context approach as it examines the development of EU energy law from the 1950s to the present day. It discusses the development of EU energy law; the application of general EU law into energy; the regulation of EU energy markets; international aspects of EU energy law; and policy, sustainability, and energy regulation. Presenting an up-to-date overview of EU energy law and policy and a critical analysis of its sub-areas, the book extends the discussion from electricity and natural gas markets to other areas of energy, including oil. This holistic approach to the subject is then placed within the broader context of the international geopolitical sphere which EU energy law and policy operates, as the author considers the impact of regional and international energy policies and markets on the EU markets and the overall EU policy. He also draws on the wider context and takes into account non-legal factors such as the impact of unconventionals, the rise of the BRICS, and the 'Arab spring'. The book frames EU energy law as a topic that can provoke intellectual, political, and professional discussion about the slowly moving train of economic regulation under the typical pressures and contradictions of countries and the European Union in the global economy.

Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected. The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. The drivers reflect 'good' impulses (the protection of fundamental rights); avoidable habits (the proliferation of principles and conflicting lines of case law authority); inherent ambiguities (the unsettled purpose and objectives of the internal market); and broader systemic conditions (the structure of the Court and its decision-making processes). These dynamics cause problematic instances of case law fragmentation - which has substantive implications for citizens, businesses, and Member States participating in the internal market as well as reputational consequences for the Court of Justice and for the EU more generally. However, ultimately the Member States must take greater responsibility too: only they can ensure that the Court of Justice is properly structured and supported, enabling it to play its critical institutional part in the complex narrative of EU integration. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice. The idea of constitutional responsibility draws from the nature of the duties that a higher court owes to a constitutional text and to constitutional subjects. It is based on values of fairness, integrity, and imagination. A paradigm of case law coherence is less rigid, and therefore more realistic, than a benchmark of legal certainty. But it still takes seriously the Court's obligations as a high-level judicial institution bound by the rule of law. Judges can legitimately be expected - and obliged - to be aware of the public legal resource that they construct through the evolution of case law.

The European Commission started out in the 1950s as a technocratic international organization. Today, it has acquired many of the organizational features and behavioural patterns that are highly typical of the 'normal' executives in national settings. This 'normalization' of the EU executive is due to a series of treaty reforms and internal administrative transformations that were effectuated after the demise of the Santer Commission. Based on a large number of in-depth interviews with commissioners, heads of cabinet, and senior civil servants in the Commission, and on extensive documentary evidence, this study shows how a reinforced regime of political and administrative accountability has profoundly changed the executive relationships between politicians and bureaucrats in the Commission. The book presents a grounded empirical portrait of life at the top in the EU, exposing the Commission's struggle to revive its legitimacy and to turn it into a more transparent, accountable, and efficient organization during the Prodi and Barroso's tenures. Officials and office-holders describe in their own words the imperatives they face and the relationships they maintain, providing readers a rare insight into the day-to-day practices in one of the world's most powerful executives.

'The definitive account of the history of poverty finance' - Susanne Soederberg Finance, mobile and digital technologies - or 'fintech' - are being heralded in the world of development by the likes of the IMF and World Bank as a silver bullet in the fight against poverty. But should we believe the hype? A Critical History of Poverty Finance demonstrates how newfangled 'digital financial inclusion' efforts suffer from the same essential flaws as earlier iterations of neoliberal 'financial inclusion'. Relying on artificially created markets that simply aren't there among the world's most disadvantaged economic actors, they also reinforce existing patterns of inequality and uneven development, many of which date back to the colonial era. Bernards offers an astute analysis of the current fintech fad, contextualised through a detailed colonial history of development finance, that ultimately reveals the neoliberal vision of poverty alleviation for the pipe dream it is.

This collection sets a new agenda for conducting research on the EU and learns from past mistakes. In doing so it provides a state-of-the-art examination of social science research designs in EU studies while providing innovative guidelines for the advancement of more inclusive and empirically sensitive research designs in EU studies

This book explores a new way of doing diplomacy through the engagement with non-governmental organizations, here referred to as hybrid diplomacy. Today's global politics is played out most successfully by the combined actions of different actors. A specific type of partnership is that between governments (namely Ministries of Foreign Affairs) and civil society organizations. While not the only type of global partnership at work, this is particularly effective in advancing new issues and promoting the norm changes that have been discussed at length in international relations and sociological literature. The author has chosen Italy as a case study because of the country's prolonged deployment of such policy. Being a middle power, with a strong non-profit sector, and hosting the central node of catholic global network, Italy is well positioned to take advantage of this new diplomatic mode. Through presenting a new reading of the Italian contribution to international affairs, this book contributes to broadening the scholarship in foreign policy analysis and transnational activism.

This book introduces Ali Mazrui's delightfully stimulating scholarship about intercultural relations, calling it Postcolonial Constructivism, and shares elements of his intellectual vitality in an original way. It begins with a chronicle of Mazrui's eventful, sixty-year journey as a scholar of International Relations. It then proceeds to present some of the most remarkable yet least remarked up on features of his intellectualism, including his paradoxes, his perceptive typologies, his neologisms as well as his interactions with historical figures. The book draws on materials which were either unavailable until now or were found scattered in time and space. Designed as an invitation to a wider audience to the supermarket of Mazrui's ideas, this book also seeks to underscore the timeliness and possible durability of many of his observations about intercultural relations.Thorough, comprehensive and up-to-date, this book is a concise account of the core of Mazrui's vast body of work.

Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.

Why can some interest groups influence policy-making while others cannot? Even though this question is central to the study of politics, we know little about the factors explaining interest group influence. Understanding lobbying success should be of particular concern to scholars of European politics since the European Union constitutes a promising political opportunity structure for organized interests. This book sheds light on the impact of interest groups on European policy-making and makes a major contribution to the study of both European Union politics and interest groups more generally. Kluver develops a comprehensive theoretical model for understanding lobbying success and presents an extensive empirical analysis of interest group influence on policy-making in the EU. The book relies on a large, new, and innovative dataset that combines a wide variety of data sources including a quantitative text analysis of European Commission consultations, an online survey of interest groups, information gathered on interest group websites, and legislative data retrieved from EU databases. This book analyzes interest group influence across 56 policy issues and 2,696 interest groups and shows that lobbying is an exchange relationship in which the European institutions trade influence for information, citizen support and economic power. Importantly, this book demonstrates that it is not sufficient to solely focus on individual interest groups, but that it is crucial how interest groups come together in issue-specific lobbying coalitions. Lobbying is a collective enterprise in which information supply, citizen support, and economic power of entire lobbying coalitions are decisive for lobbying success.

European integration confuses citizens and scholars alike. It appears to transfer power away from national capitals towards Brussels yet a close study of the EU reveals the absence of any real leap towards supranationalism. The EU is dominated by cooperation between national representatives and national officials yet it continually appears to us as something external and separate from national political life. This book takes on these paradoxes by arguing that European integration should no longer be studied as the transcendence of states or as merely an expression of national interests. Rather, we should approach it as a process of state transformation. This transformation is from nation-state to member state. The book explores in detail the concept of member state, arguing that it provides us with the best tool for understanding the European integration process. Member states differ from traditional nation-states. They are not founded on the idea of popular sovereignty or the nation. They rest upon the idea that the governance of domestic societies requires external frameworks of rule that can bind the hands of national politicians. National authority is thus exercised through external rules and norms. Member statehood differs from earlier forms of statehood because it rests upon a presumption of conflict between state and society rather than an identity of interests between ruler and ruled. The book outlines in empirical detail these mysteries and paradoxes of European integration. It then outlines in detail the theory and history of member statehood. It applies the concept of member state to the study of two EU policy areas: macro-economic governance and foreign and security policy.

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.

This book presents a comprehensive overview and critical analysis of the processes of liberalization and privatization, and their consequences for economic performance, social cohesion and political democracy in the European Union. It examines the main drivers and the various theoretical rationales for privatisation in the context of different schools of thinking.
It argues on the basis of broad empirical evidence that privatisation in Europe, particularly the ongoing privatization of social services, undermines the basic elements of the different social models that have developed in Europe. These arguments are supported by a number of in-depth case studies, with specific focus on health care, education and finance. The authors of this volume advance from this critique and explore the basic requirements for a progressive public sector and its role for economic, social and democratic development.
This book will be indispensable reading for all interested in Economic Policy, Public Sector Economics, European Integration and Political Science.

This book focuses on the European Union as an important actor in international relations and international political economy. The EU negotiates international economic agreements, represents Europe in international organizations, and is a major trading bloc and currency area. To what extent and under what conditions the EU can use its considerable economic power to assert its interests in the international arena is a relevant question for students, researchers and practitioners alike. To explore this question, the textbook introduces the concept of "actorness" and presents an overview of the actorness debate and theories used to explain actorness. In addition, it includes three empirical chapters on trade, finance and climate policy that apply various concepts and theories to study European actorness in the respective policy areas.

The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

In today's globalized international system, international and regional organizations can only function effectively within the context of a larger social partnership with governments, the private sectors, and a plethora of increasingly influential interest groups. Regionalism Versus Multilateralism seeks to illustrate these new roles by tracing the way the Organization of American States (OAS), the oldest regional organization, has pursued its objectives in the context of evolving hemispheric and international circumstances. It analyzes the impact of these circumstances on the operations, programs and activities of the Organization, and the adjustments and direction which metamorphosed' the regional membership at certain crucial junctures of hemispheric and international evolution. The book does so in three parts: through an historic examination of the objectives of the Organization; a critical analysis of its response over time to the forces of growth, transformation and change; and the projection of what continuing developments might dictate on the future characteristics of the Organization if it is to respond effectively to the needs and aspirations of member states. This book is a collaboration between Christopher R. Thomas and Julian T. Magloire, with both parties contributing equally to its content and preparation.

This book provides an in-depth analysis of EU-Tunisia negotiations during the last three decades to understand what 'joint ownership' means in Euro-Mediterranean relations. The principle of joint ownership often figures in the EU's public discourse of the EU and other international actors. Yet, it has been scarcely conceptualised and there is little research on which factors determine its presence or lack thereof. The book contributes to its definition, highlighting its evolving nature and intersubjective dimension. The author further explains how bargaining rules, practices, and procedures affect joint ownership by constraining or empowering actors, and shaping their expectations about which options they perceive are possible during the negotiations. Negotiation analysis proves useful for showing how, and to what extent, the interests of both sides eventually feature in Euro-Mediterranean agreements and enables scholars to bring back third countries' agency and perceptions into the study of the EU's external relations.

This text investigates the European Union (EU) policy making process and why this process has taken major steps to advance environmental regulation in some areas, such as the waste trade, and not in others. The book develops a framework emphasizing decision making modes, which provide a more nuanced understanding, compared to traditional EU theoretical approaches, of how EU actors make decisions. Using this approach, the work explores three environmental issue areas transboundary air pollution, the carbon/energy tax proposal, and hazardous waste.

This book provides a broad overview of the main trends in mass attitudes towards domestic politics and European integration from the 1970s until today. Particularly in the last two decades, the "end of the permissive consensus" around European integration has forced analysts to place public opinion at the centre of their concerns. The book faces this challenge head on, and the overview it provides goes well beyond the most commonly used indicators. On the one hand, it shows how integration's deepening and enlargement involved polities and societies whose fundamental traits in terms of political culture - regime support, political engagement, ideological polarization - have remained anything but static or homogeneous. On the other hand, it addresses systematically what Scharpf (1999) has long identified as the main sources of the democratic deficits of the EU: the lack of a sense of collective identity, the lack of a Europe-wide structure for political accountability, and the lack of recognition of the EU as a legitimate political authority. In other words, it focuses on the fundamental dimensions of how Europeans relate to the EU: identity (the sense of an "European political community"; representation (the perception that European elites and institutions articulate citizens' interests and are responsive to them); and policy scope (the legitimacy awarded to the EU as a proper locus of policy-making). It does so by employing a cohesive theoretical framework derived from the entire IntUne project, survey and macro-social data encompassing all EU member countries, and state-of-the-art methods.
The IntUne series is edited by Maurizio Cotta and Pierangelo Isernia
In a moment in which the EU is facing an important number of social, economic, political and cultural challenges, and its legitimacy and democratic capacities are increasingly questioned, it seems particularly important to address the issue of if and how EU citizenship is taking shape. This series intends to address this complex issue. It reports the main results of a quadrennial Europe-wide research project, financed under the 6th Framework Programme of the EU. That programme has studied the changes in the scope, nature and characteristics of citizenship presently underway as a result of the process of deepening and enlargement of the European Union.
The INTUNE Project - Integrated and United: A Quest for Citizenship in an Ever Closer Europe - is one of the most recent and ambitious research attempts to empirically study how citizenship is changing in Europe. The Project lasted four years (2005-2009) and it involved 30 of the most distinguished European universities and research centres, with more than 100 senior and junior scholars as well as several dozen graduate students working on it. It had as its main focus an examination of how integration and decentralization processes, at both the national and European level, are affecting three major dimensions of citizenship: identity, representation, and scope of governance. It looked, in particular, at the relationships between political, social and economic elites, the general public, policy experts and the media, whose interactions nurture the dynamics of collective political identity, political legitimacy, representation, and standards of performance.
In order to address empirically these issues, the INTUNE Project carried out two waves of mass and political, social and economic elite surveys in 18 countries, in 2007 and 2009; in-depth interviews with experts in five policy areas; extensive media analysis in four countries; and a documentary analysis of attitudes toward European integration, identity and citizenship. The book series presents and discusses in a coherent way the results coming out of this extensive set of new data.
The series is organized around the two main axes of the INTUNE Project, to report how the issues of identity, representation and standards of good governance are constructed and reconstructed at the elite and citizen levels, and how mass-elite interactions affect the ability of elites to shape identity, representation and the scope of governance. A first set of four books will examine how identity, scope of governance and representation have been changing over time respectively at elites, media and public level. The next two books will present cross-level analysis of European and national identity on the one hand and problems of national and European representation and scope of governance on the other, in doing so comparing data at both the mass and elite level. A concluding volume will summarize the main results, framing them in a wider theoretical context.

This edited volume focuses on the historical role of the OECD (The Organisation for Economic Co-operation and Development) in shaping global education policy. In this book, contributors shed light on the present-day perspective of Comparative Education as a logical addition to current scholarship on the history of international organizations in the field of education. Doing so, the book provides a deeper understanding of contemporary developments in education that will enable us to reflect critically on the trajectories and future developments of education worldwide.

This is a unique collection of papers which brings together those who work in and with EU business associations at the very highest level with many of the leading academic authors on associations over the past two decades. It examines the factors that influence the effectiveness of EU business associations, and the prospects for associations and their members to influence these. It is designed to appeal both to analysts of debates about interest groups, collective action and European integration, and to those who work in and with EU business associations.