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This timely book presents an in-depth investigation of who benefits
from European financial market regulatory measures and how
decision-makers and stakeholders are held politically and
administratively accountable. The extensive study illustrates the
full range of the actors involved in key regulatory processes such
as the regulation of high-frequency trading and the activities of
central-clearing counterparties. Chapters outline how politicians,
regulators and market players are linked in various political and
administrative accountability mechanisms. Providing analysis of how
the accountability channels are linked to policy content,
contributors ask whether specific regulatory objectives and results
give rise to the mobilising of accountability mechanisms.
Regulating Finance in Europe critically examines the implementation
of major EU legislative packages in financial regulation (MiFID II
and CMU), offering a unique empirical insight into how different
modes of accountability in financial market regulation are linked
with different policy effects. This comprehensive yet accessible
book will be an invaluable read for politicians and practitioners
working in finance as well as academics in EU politics and
policies. It will also provide a useful resource for undergraduate
and postgraduate students of political science, law and economics.
How do regulatory structures evolve in EU financial governance?
Incorporating insights from a variety of disciplines, Governing
Finance in Europe provides a comprehensive framework to investigate
the dynamics leading to centralisation, decentralisation and
fragmentation in EU financial regulation. Offering a comprehensive
and generalizable theoretical account of regulatory centralisation,
this book combines theoretical approaches from political science,
law, sociology and economics to trace centralisation in EU
financial governance. Contributors build on a rich political
science and legal literature and offer empirical analyses of major
EU legislative packages in financial regulation, including the
Markets in Financial Instruments Directive II (MiFID II) and
Capital Markets Union (CMU). This book systematically identifies
and examines the forces and counter-forces on regulatory
centralisation. It also offers conjectures as to who benefits from
the regulation and how decision-makers are held politically and
legally accountable. Featuring contributions from internationally
renowned scholars, this book is key reading for academics working
in finance and financial policies, particularly those investigating
European politics, regulation and regional integration. It will
also be of interest to practitioners and policymakers, as chapters
provide unique insights into the real-world implications of
financial regulation. Contributors include: F. Bulfone, J.
Ganderson, A. Heritier, J. Karremans, H. Marjosola, M.G. Schoeller,
A. Smolenska, M. Strand
Regulation is on the rise across the world as the state steps back
from public ownership. However, as the authors highlight, the style
of political delegation to regulatory authorities has not followed
a uniform trajectory but rather institutional endowments,
administrative traditions, market structure and business culture
have all influenced the creation of regulatory authorities and
implementation styles. Noting these variances, the focus of this
book is to consider the impact of liberalisation and the
introduction of new regulatory structures on three utility sectors
- telecommunications, energy and the railways - using Germany and
the UK as case studies. With regulation seeking to foster
competition at the same time as also having to protect essential
services, the authors investigate regulatory styles, costs of new
regulatory functions and how firms in the new regulatory landscape
access and influence regulatory authorities. The authors consider
how EU pressures may hinder or help the functioning of new
regulatory markets and the establishment of business-regulator
relationships, as well as the broader policy implications for these
new regulatory environments. The book also determines how
regulatory authorities emerge and evolve under different state
traditions and assesses, over time, the degree to which there is
potential for convergence, divergence and continued differences as
regulatory functions mature. This book will be warmly welcomed by
researchers and academics of comparative public policy, politics
and regulation. It will also appeal to policy makers and the
business community in Europe.
"If one wants to understand why, from its modest beginnings, the
European Parliament has become a major player in EU
decision-making, look no further than this book. It presents, to
date, the theoretically most compelling, methodologically
disciplined and empirically richest account of parliamentary
self-empowerment over time, across key functions and policy areas.
This volume will be a main point of reference for work on the
European Parliament, the dynamics of inter-institutional politics,
and EU integration more generally for years to come."-Berthold
Rittberger, Professor of International Relations, University of
Munich, Germany "Anyone interested in the rise of the European
Parliament as a significant actor in the EU should read this book.
It offers a fascinating insight into the strategies used by the
Parliament to achieve its aims and the conditions for its success
or failure. It ranges widely across time and policy areas to give a
comprehensive analysis of the Parliament's changing institutional
position."-Michael Shackleton, Professor of European Institutions,
Maastricht University, The Netherlands, and former EP official This
book analyses the European Parliament's strategies of
self-empowerment over time stretching across cases of new
institutional prerogatives as well as substantive policy areas. It
considers why and how the Parliament has managed to gain formal and
informal powers in this wide variety of cases. The book provides a
systematic and comparative analysis of the European Parliament's
formal and informal empowerment in two broad sets of cases: on the
one hand, it examines the EP's empowerment since the Treaty of Rome
in three areas that are characteristic of parliamentary
democracies, namely legislation, the budget, and the investiture of
the executive. On the other hand, it analyses the European
Parliament's role in highly politicised policy areas, namely
Economic and Monetary Governance and the shaping of EU trade
agreements.
Policy dismantling is a distinctive form of policy change, which
involves the cutting, reduction, diminution or complete removal of
existing policies. The perceived need to dismantle existing
policies normally acquires particular poignancy during periods of
acute economic austerity. Dismantling is thought to be especially
productive of political conflict, pitting those who benefit from
the status quo against those who, for whatever reason, seek change.
However, scholars of public policy have been rather slow to offer a
comprehensive account of the precise conditions under which
particular aspects of policy are dismantled, grounded in systematic
empirical analysis. Although our overall understanding of what
causes policy to change has accelerated a lot in recent decades,
there remains a bias towards the study of either policy expansion
or policy stability. Dismantling does not even merit a mention in
most public policy textbooks. Yet without an account of both
expansion and dismantling, our understanding of policy change in
general, and the politics surrounding the cutting of existing
policies, will remain frustratingly incomplete.
This book seeks to develop a more comparative approach to
understanding policy dismantling, by looking in greater detail at
the dynamics of cutting in two different policy fields: one (social
policy) which has been subjected to study before and the other
(environmental policy) which has not. On the basis of a systematic
analysis of the existing literatures in these two fields, it
develops a new analytical framework for measuring and explaining
policy dismantling. Through an analysis of six, fresh empirical
cases of dismantling written by leading experts, it reveals a more
nuanced picture of change, focusing on what actually motivates
actors to dismantle, the strategies they use to secure their
objectives and the politically significant effects they ultimately
generate.
Dismantling Public Policy is essential reading for anyone wanting
to better understand a hugely important facet of contemporary
policy and politics. It will inform a range of student courses in
comparative public policy, politics, social and environmental
policy.
With each legislative issue, legislators have to decide whether to
delegate decision-making to the executive and/or to expert bodies
in order to flesh out the details of this legislation, or,
alternatively, to spell out all aspects of this decision in
legislation proper. The reasons why to delegate have been of prime
interest to political science. The debate has concentrated on
principal-agent theory to explain why politicians delegate
decision-making to bureaucrats, to independent regulatory agencies,
and to others actors and how to control these agents. By contrast,
Changing Rules of Delegation focuses on these questions: Which
actors are empowered by delegation? Are executive actors empowered
over legislative actors? How do legislative actors react to the
loss of power? What opportunities are there to change the
institutional rules governing delegation in order to (re)gain
institutional power and, with it influence over policy outcomes?
The authors analyze the conditions and processes of change of the
rules that delegate decision-making power to the Commission's
implementing powers under comitology. Focusing on the role of the
European Parliament the authors explain why the Commission, the
Council, and increasingly the Parliament, delegated decision-making
to the Commission. If they chose delegation, they still have to
determine under which institutional rule comitology should operate.
These rules, too, distribute power unequally among actors and
therefore raise the question of how they came about in the first
place and whether and how the "losers" of a rule change seek to
alter the rules at a later point in time.
Europe matters, but in different ways in different countries. The
European Union affects the policy fabric of all member states, but
that impact is differential rather than convergent. In some
instances, new policy goals have been added to national agendas and
fresh policy instruments are applied, while old ones become less
important or are openly challenged. In other instances, when
European and national policy objectives are concurrent, national
practices may be reinforced, or even redirected, by EU policies. In
all instances, however, state actors reconsider national policy
practices wherever the EU extends it activities. This innovative
study solves the differential puzzle by developing a sophisticated
theoretical and conceptual framework for studying the impact of
European policies on member states. Focusing especially on
transport policy, the authors employ extensive interviews and
archival research in an empirically rich set of case studies
(Britain, France, Germany, Italy, and the Netherlands) to
demonstrate convincingly that this influence depends on
pre-existing policies and institutional capacity to change.
Depending on the particular phase of regulation in which a country
finds itself and on its institutional flexibility, an identical EU
policy has remarkably diverse impacts within individual member
states. The authors' research points to fascinating
counterintuitive results and a new general model that will have
implications for anyone studying policymaking in Europe.
Policy-Making and Diversity in Europe examines the European Union and its policy-making processes. In particular, it asks how an institution that is so riddled with veto points manages to be such an active policy maker. Héritier argues that the diversity of actors' interests and the need for consensus in European institutions would almost inevitably lead to deadlock, were it not for the existence of creative informal strategies and policy-making patterns. Termed by the author "subterfuge," these strategies prevent political impasses and "make Europe work."
Policy-Making and Diversity in Europe examines the European polity
and its policy-making processes. In particular, it asks how an
institution which is so riddled with veto points manages to be such
an active and aggressive policy maker. Heritier argues that the
diversity of actors' interests and the consensus-forcing nature of
European institutions would almost inevitably stall the
decision-making process, were it not for the existence of creative
informal strategies and policy-making patterns. Termed by the
author 'subterfuge', these strategies prevent political impasses
and 'make Europe work'. The book examines the presence of
subterfuge in the policy domains of market-making, the provision of
collective goods, redistribution and distribution. Subterfuge is
seen to reinforce the primary functions of the European polity: the
accommodation of diversity, policy innovation and democratic
legitimation. Professor Heritier concludes that the use of
subterfuge to reconcile unity with diversity and competition with
co-operation is the greatest challenge facing European
policy-making.
How and why do institutions change? Institutions, understood as
rules of behaviour constraining and facilitating social
interaction, are subject to different forms and processes of
change. A change may be designed intentionally on a large scale and
then be followed by a period of only incremental adjustments to new
conditions. But institutions may also emerge as informal rules,
persist for a long time and only be formalized later. Why? The
causes, processes and outcomes of institutional change raise a
number of conceptual, theoretical and empirical questions. While we
know a lot about the creation of institutions, relatively little
research has been conducted about their transformation once they
have been put into place. Attention has focused on politically
salient events of change, such as the Intergovernmental Conferences
of Treaty reform. In focussing on such grand events, we overlook
inconspicuous changes of European institutional rules that are
occurring on a daily basis. Thus, the European Parliament has
gradually acquired a right of investing individual Commissioners.
This has never been an issue in the negotiations of formal treaty
revisions. Or, the decision-making rule(s) under which the European
Parliament participates in the legislative process have drastically
changed over the last decades starting from a modest consultation
ending up with codecision. The book discusses various theories
accounting for long-term institutional change and explores them on
the basis of five important institutional rules in the European
Union. It proposes typical sequences of long-term institutional
change and their theorization which hold for other contexts as
well, if the number of actors and their goals are clearly defined,
and interaction takes place under the "shadow of the future" .
"If one wants to understand why, from its modest beginnings, the
European Parliament has become a major player in EU
decision-making, look no further than this book. It presents, to
date, the theoretically most compelling, methodologically
disciplined and empirically richest account of parliamentary
self-empowerment over time, across key functions and policy areas.
This volume will be a main point of reference for work on the
European Parliament, the dynamics of inter-institutional politics,
and EU integration more generally for years to come."-Berthold
Rittberger, Professor of International Relations, University of
Munich, Germany "Anyone interested in the rise of the European
Parliament as a significant actor in the EU should read this book.
It offers a fascinating insight into the strategies used by the
Parliament to achieve its aims and the conditions for its success
or failure. It ranges widely across time and policy areas to give a
comprehensive analysis of the Parliament's changing institutional
position."-Michael Shackleton, Professor of European Institutions,
Maastricht University, The Netherlands, and former EP official This
book analyses the European Parliament's strategies of
self-empowerment over time stretching across cases of new
institutional prerogatives as well as substantive policy areas. It
considers why and how the Parliament has managed to gain formal and
informal powers in this wide variety of cases. The book provides a
systematic and comparative analysis of the European Parliament's
formal and informal empowerment in two broad sets of cases: on the
one hand, it examines the EP's empowerment since the Treaty of Rome
in three areas that are characteristic of parliamentary
democracies, namely legislation, the budget, and the investiture of
the executive. On the other hand, it analyses the European
Parliament's role in highly politicised policy areas, namely
Economic and Monetary Governance and the shaping of EU trade
agreements.
Policy dismantling is a distinctive form of policy change, which
involves the cutting, reduction, diminution or complete removal of
existing policies. The perceived need to dismantle existing
policies normally acquires particular poignancy during periods of
acute economic austerity. Dismantling is thought to be especially
productive of political conflict, pitting those who benefit from
the status quo against those who, for whatever reason, seek change.
However, scholars of public policy have been rather slow to offer a
comprehensive account of the precise conditions under which
particular aspects of policy are dismantled, grounded in systematic
empirical analysis. Although our overall understanding of what
causes policy to change has accelerated a lot in recent decades,
there remains a bias towards the study of either policy expansion
or policy stability. Dismantling does not even merit a mention in
most public policy textbooks. Yet without an account of both
expansion and dismantling, our understanding of policy change in
general, and the politics surrounding the cutting of existing
policies, will remain frustratingly incomplete. This book seeks to
develop a more comparative approach to understanding policy
dismantling, by looking in greater detail at the dynamics of
cutting in two different policy fields: one (social policy) which
has been subjected to study before and the other (environmental
policy) which has not. On the basis of a systematic analysis of the
existing literatures in these two fields, it develops a new
analytical framework for measuring and explaining policy
dismantling. Through an analysis of six, fresh empirical cases of
dismantling written by leading experts, it reveals a more nuanced
picture of change, focusing on what actually motivates actors to
dismantle, the strategies they use to secure their objectives and
the politically significant effects they ultimately generate.
Dismantling Public Policy is essential reading for anyone wanting
to better understand a hugely important facet of contemporary
policy and politics. It will inform a range of student courses in
comparative public policy, politics, social and environmental
policy.
Das vorliegende Buch entstand im Rahmen eines Forschungsprojektes,
das an der Fakultat fur SoziologielForschungsgebiet
Politikwissenschaft der Universitat Bielefeld in der Zeit von Marz
1992 bis April 1994 durchgefuhrt und von der Deutschen
Forschungsgemeinschaft gefOrdert wurde. Die Daten, die dieser
Arbeit zugrundeliegen, wurden in erster Linie im Rahmen von
Leitfadeninterviews mit Experten erhoben. Fast 150 Personen gaben
uns in sehr aufschlussreichen und anregenden Gesprachen Auskunft
uber die Inhalte und Prozesse, die die Luftreinhaltepolitik auf
nationaler und supranationaler Ebene bestimmen. Im Verlauf unserer
Forschung kristalli- sierte sich immer deutlicher heraus, auf welch
vielfiUtige Weise die Interak- tion der Europaischen Union und der
Mitgliedstaaten im Bereich der regu- lativen Politik Veranderungen
von Staatlichkeit hervorbringt. Wird der Fo- kus auf die
Bundesrepublik Deutschland (Verf.: Susanne Mingers), Grossbri-
tannien (Verf.: Christoph KniIl) und Frankreich (Verf.: Martina
Becka) ge- richtet, so werden verschiedene Muster offenbar: Wahrend
die Bundesre- publik im Bereich substantieller Massnahmen eine
Schrittmacherfunktion einnimmt, zeigt Grossbritannien bei der
Gestaltung prozeduraler Vorschrif- ten regulativen Ehrgeiz.
Frankreich wiederum tritt als freundlicher Beobachter und
Koalitionspartner auf die Buhne suprastaatlicher Verhand- lungen.
Jedoch nicht nur die Mitgliedstaaten, sondern auch die EU-Kom-
mission nimmt im Rahmen dieses Interaktionsprozesses
Neuorientierungen ihrer inhaltlichen, strategischen und
institutionellen Interessen vor und pragt die Entscheidungen
massgeblich. Bedauerlicherweise mussen wir dem Leser in diesem Buch
die vielfaIti- gen, eindrucksvollen, zum Teil sehr erheiternden und
skurrilen Erfahrungen vorenthalten, die wir bei unseren Gesprachen
in den Untersuchungslandern gesammelt haben.
Die Policy-Analyse, die sich wesentlich mit Fragen der politischen
Steuerung und der Gestaltung gesellschaftlichen Wandels befasst,
befindet sich im Wandel. Die Policy-Analyse, die ihre ursprungliche
Beeinflussung durch die Planungsdiskussion und den diesem
zugrundeliegenden rationale und okonomisch kalkulierenden Menschen
nicht verleugnen kann, sieht sich in vielerlei Hinsicht gezwungen,
ihre Konzepte skeptisch zu betrachten und eine Erklarungskraft
ihrer Hypothesen in Frage zu stellen. Seit mehreren Jahren schon
werden Versuche unternommen, Gegenentwurfe zum "Rationality
Project" zu formulieren. Das hatte zur Folge, dass der "Textbook
Approach" (Nakamura 1987) der Policy-Analyse aufgegeben wurde, der
von einem klar abgegrenzten Programm, der "bounded policy,"
ausgeht. Um die Turbulenz der "Unordentlichkeit" der politischen
Wirklichkeit besser zu berucksichtigen, wurde der neue
politikwissenschaftliche Institutionalismus in die Netzwerkanalyse
integriert. Der Band behandelt die Modifikation der Policy-Analyse
und deren veranderte Fragestellungen."
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