What’s in a (Party) Name?: Examining preferences, discipline, and social identity in a parliamentary free vote

In trying to understand the effects of political parties on shaping the voting behaviour of legislators, research has attempted the difficult task of separating the effects of preferences from rules used by party leaders to enforce discipline. However, little research has explored the prospect that party labels also reflect a social identity that is independent of legislators’ preferences and the rules used by party leaders to enforce discipline. In this study we examine that possibility, employing a data set that permits us to control both for leadership-based effects and legislator preferences on a 2000 free vote dealing with stem cell research. Using the British Representation Studies 1997 – which interviewed Members of Parliament regarding their preferences on several key issues related to the bill – we find significant evidence that party-as-identification plays a role in shaping how legislators vote, even after preferences and discipline are accounted for.

Gender Equality under the Charter of Fundamental Rights - a new lease for positive action?

This paper, which was published as a chapter of a Festskrift for Professor Ruth Nielsen, analyses Article 23 CFREU, the new provision on gender equality. It argues that Article 23 adds to the notion of gender equality in EU law, and not only allows, but also demands positive action measures if necessary to ensure equality between women and men. The provision also demands that positive action measures are suitable to achieve their aim. This implies that the EU legislator has to adapt positive action measure to the specific needs of the sector. The paper offers a critique of the proposal to introduce women quotas in board rooms, as proposed by the EU Commission in late 2012. It argues that the Commission unimaginatively copied rules developed for the German public service into a different sector, although these rules have not proven particularly efficient even in the public service. Consequently, a proposal that is demanding, but adapted to the sector should be developed.

Cross-border Movement of Patients in the EU: A Re-Appraisal

The national welfare state, so it seems, has come under attack by European integration. This article focuses on one facet of the welfare state, that is, health care and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law. What is therefore of special interest in terms of legitimacy is the legal reasoning by which the Court has made its contribution to the development of this framework. This article is a re-appraisal of the legal development in this field.