An Investigation of Career Tenure in the European Parliament: Electoral, Party and Individual Considerations. ACES Working Papers, 2012

What explains the length of a Member of the European Parliament’s career? Little evidence of careerism has been uncovered in the European Parliament, particularly when compared to studies of legislator tenure in the U.S. Congress. Due to the different historical contexts in which these two legislatures developed, it seems reasonable to rule out many of the explanations used to account for increasing careerism in Congress in searching for the influences on legislator tenure in the European Parliament. This paper therefore proposes three potential models of careerism in the European Parliament: an electoral systems model, a party model, and an individual model. While the data necessary to test these models has not been fully compiled, this paper outlines the major hypotheses of each model and details plans for the operationalization of all independent and control variables. These models are not intended to be mutually exclusive alternatives, but rather each explanation is expected to influence each MEP in varying degrees.

The Legal Status and Influence of Decisions of International Organizations and other Bodies in the European Union. College of Europe Research Paper in Law 01/2014

Introduction. The European Union’s external action is not only defined by its influence on international developments, but also by its ability and the need to respond to those developments. While traditionally many have stressed the EU’s ‘autonomy’, over the years its ‘dependence’ on global developments has become more clear.2 International law has continued to play a key role in, not only in the EU’s external relations, but also in the Union’s own legal order.3 The purpose of this paper is not to assess the role or performance of the EU in international institutions.4 Rather it purports to reverse the picture and focus on a somewhat under-researched topic: the legal status of decisions of international organizations in the EU’s legal order.5 While parts of the status of these decisions relate to the status of international agreements and international customary law, it can be argued that decisions of international organizations and other international bodies form a distinct category. In fact, it has been observed that “this phenomenon has added a new layer of complexity to the already complex law of external relations of the European Union”.6 Emerging questions relate to the possible difference between decisions of international organizations of which the EU is a member (such as the FAO) and decisions of organizations where it is not (irrespective of existing competences in that area – such as in the ILO). Questions also relate to the hierarchical status of these decisions in the EU’s legal order and to the possibility of them being invoked in direct or indirect actions before the Court of Justice. This contribution takes a broad perspective on decisions of international organizations by including decisions taken in other international institutions which do not necessarily comply with the standard definition of international organizations,7 be it bodies set-up by multilateral conventions or informal (transnational / regulatory) bodies. Some of these bodies are relatively close to the EU (such as the Councils established by Association Agreements – see further Section 5 below); others operate at a certain distance. Limiting the analysis to formal international organizations will not do justice to the manifold relationships between the European Union and various international bodies and to the effects of the norms produced by these bodies. The term ‘international decisions’ is therefore used to refer to any normative output of international institutional arrangements.

Civilian Power Europe in the Arctic: How Far Can the European Union Go North? College of Europe EU Diplomacy Paper 01/2015

The EU Arctic policy, initiated in the European Commission’s Communication “The European Union and the Arctic region” in 2008, was created to respond to the rising expectations that the European Union would have a bigger stake in this region which was gaining in importance due to its ecologic vulnerability, economic potential and clashing political interests of the global powers. Whether the European Union managed to establish itself as a significant actor in the Arctic through this new policy is open for discussion. Arguably, while the genuine interest and influence of the EU institutions was there to give a kick-start to this initiative, the pressure of the traditional and still dominant members of the regional Arctic system has been sufficient so far to effectively prevent it from realizing its full potential.

Germany's stance on the TTIP. Background, interests and concerns. OSW Studies 52, March 2015

Co-operation between the United States and Germany has for many years been a subject of disputes. In addition to the differences over the US engagement in the resolution of international conflicts, bilateral relations have been strained as a consequence of the so-called Snowden scandal and the unproved allegations that Chancellor Angela Merkel’s telephone was wiretapped. The Transatlantic Trade and Investment Partnership offers a chance for improving relations between Germany and the USA for the first time in many years. Companies from the two countries may benefit from the lifting of some barriers to transatlantic economic co-operation. Furthermore, the emergence of in fact an internal EU and US market, with reduced customs tariffs and harmonised legal and economic rules, will pressure the emerging economies to make their markets more open. The TTIP may create conditions for exporting US raw materials from unconventional sources to the European Union; and this will be a benefit of geopolitical significance for Germany. The German government is aware of the fact that diversification of supplies of fossil fuels will make Europe less dependent on pressure from Moscow.

The European Union as a System of Differentiated Integration: Interdependence, Politicization and Differentiation. IHS Political Science Series No. 137, 10 July 2014

This paper conceptualizes the European Union (EU) as a system of differentiated integration characterized by both variation in levels of centralization (vertical differentiation) and variation in territorial extension (horizontal differentiation) across policy areas. Differentiation has been a concomitant of deepening and widening and has increased and consolidated as the EU’s powers, policy scope, and membership have grown. Turning to explanation, the paper attributes the pattern of differentiated integration in the EU to the interaction of interdependence and politicization. Differentiation among the member states (internal differentiation) results from supranational integration under conditions of high interdependence and politicization. By contrast, external differentiation (the selective policy integration of non-member states) occurs in highly interdependent but weakly politicized policy areas. These constellations are illustrated in case studies of differentiation in the internal market, monetary union, and defence.

Le Parlement européen à la recherche de l’efficacité législative: Une analyse des évolutions de son organisation = The European Parliament seeking legislative efficiency: An analysis of the changes in its organization. Bruges Political Research Paper No. 39, January 2015

Quel rôle l’organisation du travail parlementaire a-t-elle joué dans la montée en puissance du Parlement européen (PE)? Cet article vise à examiner cette question en s’appuyant sur la governing theory développée dans le cadre des études sur le Congrès nord-américain. Sur cette base, nous faisons l’hypothèse que les réformes de la structure institutionnelle du PE résultent des efforts des députés visant à renforcer la place de l’institution dans le système politique de l'Union européenne, à travers un accroissement de son «efficacité législative». Afin de tester cette hypothèse, cet article analyse l’impact de la rationalisation du fonctionnement du PE sur trois éléments clés: les organes de direction et les groupes politiques, la délibération en séance plénière et le comportement des députés. On montre ainsi que l'argument de «l'efficacité» générale du travail parlementaire est devenu un objectif en soi qui s’est imposé sur celui de liberté des parlementaires.

Eurodéputé: «Seconde chance» ou «Tremplin» – Comparaisons des trajectoires politiques de candidats PSE et PPE aux élections européennes de 2014 en France et en Suède. = MEP: "Second Chance" or "Jump" - comparisons of PSE candidates and political trajectories EPP in European elections 2014 in France and Sweden. Bruges Political Research Paper No. 40, February 2015

Le mandat d’eurodéputé est conçu différemment dans chaque état membre. Cet article teste la validité des cultures politiques inclusive et exclusive, créées pour l’analyse des sélections des candidats français et suédois et leur conception du mandat européen. Leur sélection demeure un monopole partisan national où l’adhésion à un parti et la professionnalisation politique priment. La distinction apparait dans le degré d’ouverture de la sélection et la conception de la fonction d’eurodéputé et du Parlement européen. Les conclusions valident l’approche créée, montrant un déplacement du curseur le long des continuums formés par les cultures inclusive et exclusive. La France, «exclusive», reste centrée sur Paris et des élections ayant des conséquences sur le pouvoir exécutif. La Suède est plus inclusive tant dans les profils des candidats que dans les processus qui les intègrent aux listes et dans la façon de concevoir le rôle des MEP et du Parlement européen. Cet article se fonde sur un mémoire de Master: E. Cazenave, Eurodéputé: «Seconde chance» ou «Tremplin»? Comparaison des trajectoires politiques de candidats PPE et PSE aux élections européennes de 2014 en France et en Suède, Bruges, Collège d’Europe, 2014

The Court of Justice of the European Union. College of Europe Research Paper in Law 02/2014

The Court of Justice of the European Union is one of the institutions of the Union. Praised by some as the relentless and steady motor of European integration and attacked by others as an example of a clearly biased institution, more ink has perhaps been spilled over the years on discussing the (de)merits of the Court of Justice than any other Union institution. In face of such considerable literature coming from legal, political science, sociological, and more recently also historical quarters, this chapter cannot but scratch the surface of the vast topic by providing a concise introduction into selected institutional themes in a legal1 and, where possible, diachronic perspective: the structure of the Union courts located in Luxembourg; basic information about the type of judicial business the Court of Justice carries out; the composition of the Court of Justice, including the recent changes made to the way in which judges and advocates-general are selected; the often discussed style and structure of the judgments; and, finally, the even more frequently discussed and recurring question of the legitimacy of the Court of Justice.

Judicial Selection, Lay Participation, and Judicial Culture in the Czech Republic: A Study in a Central European (Non)Transformation. College of Europe Research Paper in Law 03/2014

Introduction. The idea that “merit” should be the guiding principle of judicial selections is a universal principle, unlikely to be contested in whatever legal system. What differs considerably across legal cultures, however, is the way in which “merit” is defined. For deeper cultural and historical reasons, the current definition of “merit” in the process of judicial selections in the Czech Republic, at least in the way it is implemented in the institutional settings, is an odd mongrel. The old technocratic Austrian judicial heritage has in some aspects merged with, in others was altered or destroyed, by the Communist past. After 1989, some aspects of the judicial organisation were amended, with the most problematic elements removed. Furthermore, several old as well as new provisions relating to the judiciary were struck down by the Constitutional Court. However, apart from these rather haphazard interventions, there has been neither a sustained discussion as to how a new judicial architecture and system of judicial appointments ought to look like nor much of broader, conceptual reform in this regard. Thus, some twenty five years after the Velvet Revolution of 1989, the guiding principles for judicial selection and appointments are still a debate to be had.

Energy efficiency: the ever neglected priority of the European energy strategy. Egmont Paper No. 66, June 2014

Summary. Energy saving has been a stated policy objective of the EU since the 1970s. Presently, the 2020 target is a 20% reduction of EU energy consumption in comparison with current projections for 2020. This is one of the headline targets of the European Energy Strategy 2020 but efforts to achieve it remain slow and insufficient. The aim of this paper is to understand why this is happening. Firstly, this paper examines the reasons why public measures promoting energy efficiency are needed and what form these measures should optimally take (§ 1). Fortunately, over the last 20 years, much research has been done into the famous ‘energy efficiency gap’ (or ‘the energy efficiency paradox’), even if more remains to be done. Multiple explanations have been given: market failures, modelling flaws and behavioural obstacles. Each encompasses many complex aspects. Several types of instruments can be adopted to encourage energy efficiency: measures guaranteeing the correct pricing of energy are preferred, followed by taxes or tradable white certificates which in turn are preferred to standards or subsidies. Information programmes are also necessary. Secondly, the paper analyzes the evolution of the different programmes from 2000 onwards (§ 2). This reveals the extreme complexity of the subject. It deals with quite diverse topics: buildings, appliances, public sector, industry and transport. The market for energy efficiency is as diffuse as energy consumption patterns themselves. It is composed of many market actors who demand more efficient provision of energy services, and that suppliers of the necessary goods and know-how deliver this greater efficiency. Consumers in this market include individuals, businesses and governments, and market activities cover all energy-consuming sectors of the economy. Additionally, energy efficiency is the perfect example of a shared competence between the EU and the Member States. Lastly, the legal framework has steadily increased in complexity, and despite the successive energy efficiency programmes used to build this framework, it has become clear that the gap between the target and the results remains. The paper then examines whether the 2012/27/EU Directive adopted to improve the situation could bring better results. It briefly describes the content of this framework Directive, which accompanies and implements the latest energy efficiency programme (§ 3). Although the Directive is technically complex and maintains nonbinding energy efficiency targets, it certainly represents an improvement in several aspects. However, it is also saddled with a multiplicity of exemption clauses and interpretative documents (with no binding value) which weaken its provisions. Furthermore, alone, it will allow the achievement of only about 17.7% of final energy savings by 2020. The implementation process, which is essential, also remains fairly weak. The paper also gives a glimpse of the various EU instruments for financing energy efficiency projects (§ 4). Though useful, they do not indicate a strong priority. Fourthly, the paper tries to analyze the EU’s limited progress so far and gather a few suggestions for improvement. One thing seems to remain useful: targets which can be defined in various ways (§ 5). Basically, all this indicates that the EU energy efficiency strategy has so far failed to reach its targets, lacks coherence and remains ambiguous. In the new Commission’s proposals of 22 January 2014 – intended to define a new climate/energy package in the period from 2020 to 2030 – the approach to energy efficiency remains unclear. This is regrettable. Energy efficiency is the only instrument which allows the EU to reach simultaneously its three targets: sustainability, competitiveness and security. The final conclusion appears thus paradoxical. On the one hand, all existing studies indicate that the decarbonization of the EU economy will be absolutely impossible without some very serious improvements in energy efficiency. On the other hand, in reality energy efficiency has always been treated as a second zone priority. It is imperative to eliminate this contradiction.

Do Too Many Chefs Really Spoil the Broth? The European Commission, Bureaucratic Politics and European Integration, CES Germany & Europe Working Papers, No. 09.2, 5 August 1999

There is a puzzling, little-remarked contradiction in scholarly views of the European Commission. On the one hand, the Commission is seen as the maestro of European integration, gently but persistently guiding both governments and firms toward Brussels. On the other hand, the Commission is portrayed as a headless bunch of bickering fiefdoms who can hardly be bothered by anything but their own in­ ternecine turf wars. The reason these very different views of the same institution have so seldom come into conflict is quite apparent: EU studies has a set of relatively autonomous and poorly integrated sub­ fields that work at different levels of analysis. Those scholars holding the "heroic" view of the Com­ mission are generally focused on the contest between national and supranational levels that character­ ized the 1992 program and subsequent major steps toward European integration. By contrast, those scholars with the "bureaucratic politics" view are generally authors of case studies or legislative his­ tories of individual EU directives or decisions. However, the fact that these twO images of the Commis­ sion are often two ships passing in the night hardly implies that there is no dispute. Clearly both views cannot be right; but then, how can we explain the significant support each enjoys from the empirical record? The CommiSSion, perhaps the single most important supranational body in the world, certainly deserves better than the schizophrenic interpretation the EU studies community has given it. In this paper, I aim to make a contribution toward the unraveling of this paradox. In brief, the argument I make is as follows: the European Commission can be effective in pursuit of its broad integration goals in spite of, and even because of, its internal divisions. The folk wisdom that too many chefs spoil the broth may often be true, but it need not always be so. The paper is organized as follows. 1 begin with an elaboration of the theoretical position briefly out­ lined above. 1 then tum to a case study from the major Commission efforts to restructure the computer industry in the context of its 1992 program. The computer sector does not merely provide interesting, random illustrations of the hypothesis 1 have advanced. Rather, as Wayne Sandholtz and John Zysman have stressed, the Commission's efforts on informatics formed one of the most crucial parts of the en­ tire 1992 program, and so the Commission's success in "Europeanizing" these issues had significant ripple effects across the entire European political economy. I conclude with some thoughts on the fol­ lowing question: now that the Commission has succeeded in bringing the world to its doorstep, does its bureaucratic division still serve a useful purpose?

Le Parlement européen et les actes délégués: De la conquête d’un pouvoir à son exercice = The European Parliament and the delegated acts: From the conquest of power to its exercise. Brugges Political Research Paper No. 34, February 2014

Résumé. Le traité de Lisbonne a procédé à une importante réforme de la comitologie, en établissant deux catégories d’instruments: les actes d’exécution et les actes délégués. Pour ces derniers, le Parlement européen a obtenu des pouvoirs importants et est pour la première fois sur un strict pied d’égalité avec le Conseil dans le système exécutif. En vertu d’une approche institutionnaliste rationnelle, cet article analyse comment le Parlement, à l’origine exclu du système, est parvenu à acquérir les pouvoirs qui sont formellement les siens aujourd’hui. Ensuite, l’action du Parlement face à ses nouveaux pouvoirs dans le cadre des actes délégués est abordée. Il s’agit d’étudier comment le Parlement défend ses prérogatives dans les relations interinstitutionnelles et agit après l’acquisition de nouvelles prérogatives. Cette analyse permet plus globalement d’aborder des aspects essentiels du fonctionnement du Parlement européen, de l’Union européenne ainsi que ses dynamiques (inter)institutionnelles.

The Monetary Policy of the European Central Bank (2002-2015). Bruges European Economic Policy Briefings (BEEP) 35/2015.

This paper examines the policies pursued by the European Central Bank (ECB) since the inception of the euro. The ECB was originally set up to pursue price stability, with an eye also to economic growth and financial stability as subsidiary goals, once the primary goal was secured. The application of a single monetary policy to a diverse economic area has entailed a pronounced pro-cyclicality in its real economic effects on the eurozone periphery. Later, monetary policy became the main policy instrument to tackle financial instability elicited by the failure of Lehman Brothers and the sovereign debt crisis in the eurozone. In the process, the ECB emerged as the lender of last resort in the sovereign debt markets of participating countries. Persistent economic depression and deflation eventually brought the ECB into the uncharted waters of unconventional policies. That the ECB could legally perform all of these tasks bears witness to the flexibility of the TFEU and its Statute, but its tools and operating procedures were stretched to their limit. In the end, the place of the ECB amongst EU policy-making institutions has been greatly enhanced, but has entailed repeated intrusions into the broader domain of economic policies – not least because of its market intervention policies – whose consequences have yet to be ascertained.