Attaining Subsidiarity-Based Multilevel Governance of Genetically Modified Cultivation?

The cultivation of genetically modified (GM) crops in the EU is highly harmonised, but with persisting conflicts over authority. The Commission responded to internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause and a promise to review the existing EU GM regime, providing an opportunity to consider and suggest paths of development. This article considers the post-authorisation policy-making powers of Member States and subnational regions, in light of subsidiarity-based multilevel governance. It considers the different approaches to risk-centred issues and more general policy choices. Overall, the developments occurring at the EU level are strengthening subsidiarity-based multilevel governance within the GM cultivation regime, but with significant opportunities to improve it further through focussing on the complementary powers, coordination and the regional levels in particular.

State architecture: subsidiarity, devolution, federalism and independence

This chapter examines the current ‘architecture’ of the British state, in particular the way in which governmental power is distributed among the nations of the United Kingdom. The theme of this chapter will be to show how the continuing (and, as James Bryce argued, inevitable) tension between centripetal and centrifugal forces can be usefully applied to power relations between the various nations of the United Kingdom, and between these nations and Europe, providing a basis for analyzing how these nations are drawn or impelled by some forces towards a centralized unitary polity, whilst at the same time other forces tend towards dispersion of power. The resulting pattern might be analyzed along a spectrum from centralization to independence, with subsidiarity, devolution and federalism being seen as weigh stations along the way, but given how complex the variations in the distribution of power between these nations and the centre have become over time, the construction of any static architectural blueprint of the British state is bound to be misleading. Indeed, the architectural metaphor, with its implications of stability might usefully be rethought.

Political Posturing or Real Powers: Control of Genetically Modified Crops by the Member States and their Regions

The cultivation of genetically modified (GM) crops in the EU is highly harmonised, involving a central authorisation procedure that aims to ensure a high level of environmental and human health protection. However conflicts over authority persist and the Commission has responded to a combination of internal and external pressures with a more flexible approach to coexistence, a proposed opt-out clause and recently a promise by the head of the Commission to review the existing EU GM legislative regime, providing an opportunity to consider and suggest paths of development. In light of the significance of multilevel governance and subsidiarity for GM cultivation, this paper considers the policy-making powers of the Member States and subnational regions in this regime, focussing upon post-authorisation options in particular. A number of core mechanisms exist, including voluntary measures, safeguard clauses, coexistence measures, a proposed express opt-out and Article 4(2) TEU on ‘national identity. These mechanisms are examined in light of the goals and challenges of multilevel governance, in order to consider whether the relevant powers are located at the appropriate level. Overall, it is apparent that the developments occurring at the EU level are strengthening multilevel governance, but with significant opportunities to improve it further through focussing on the supporting roles and the regional levels in particular.

Does the European Union have a reverse gear? Policy dismantling in a hyperconsensual polity

The financial crisis has triggered demands to halt and even reverse the expansion of European Union (EU) policies. But have these and previous demands actually resulted in policy dismantling? The existing literature has charted the rise of dismantling discourses such as subsidiarity and better regulation, but has not examined the net effect on the acquis. For the first time, this contribution addresses this gap in the literature through an empirical study of policy change between 1992 and 2014. It is guided by a coding framework which captures the direction of policy change. It reveals that, despite its disposition towards consensualism, the EU has become a new locus of policy dismantling. However, not all policies targeted have been cut; many have stayed the same and some have even expanded. It concludes by identifying new directions for research on a topic that has continually fallen into the analytical blind spot of EU scholars.