Proportionality needed in the subsidiarity debate in the EU – Appraisal of the British and Dutch initiatives. CEPS Essay No. 11, 8 April 2014

In a new CEPS Essay, Michael Emerson assesses the initiatives taken by the UK and Dutch governments to cut out excessive EU regulatory intrusion, namely in the form of the ongoing British Balance of Competences Review and the Dutch list of 54 items of EU regulation that they would like to see repealed or reformed. He concludes that while one can approve of a campaign for better EU regulation and for cutting out unnecessary micro-regulation, it would require impressive commitment by all member states and the EU institutions to follow the best features of the British and Dutch leads for this to have a real effect in the fight against populist euroscepticism. In his view, that battle will have to be won primarily with bigger weapons – some combination of better macroeconomic results, bigger foreign policy achievements and the emergence of a European-level political leadership to which the people can relate. In short, there has to be due proportionality in the diagnosis of the responsibility of inadequate subsidiarity for the EU’s ills.

The Malleable Politics of Welfare-to-Work Reform: Germany's "Hartz" activation compared with Dutch, British and Irish cases. ACES Cases No. 2009.1

We compare the Hartz reforms in Germany with three other major labor market activation reforms carried out by center-left governments. Britain and Germany developed radically neoliberal “mandatory” activation policies, whereas in the Netherlands and Ireland radical activation change took a very different “enabling” form. The Irish and German cases were path deviant, the British and Dutch path dependent. We explain why Germany underwent “mandatory” and path deviant activation by focusing on two features of the policy discourse. First, the elite level discourse was “ensilaged” sealing policy formation off from dissenting actors. This is what the British and German cases had in common and the result was reform that identified long term unemployment as social delinquency rather than market failure. Second, although the German policy-making system lacked the “authoritative” features that facilitated reform in the British case, and the Irish policy-making system lacked the “reflexive” mechanisms that facilitated reform in the Dutch case, in both Germany and Ireland the wider legitimating discourses were reshaped by novel institutional vehicles (the Hartz Commission and FÁS) that served to fundamentally alter system-constitutive perceptions about policy. The findings suggest that major reform of welfare-to-work policy may be much more malleable than previously thought.

Law and Foreign Direct Investment. IES WORKING PAPER 4/2011

In this paper we examine the effect of law on foreign direct investment outflows with a specific interest in the relationship between international investment law and domestic private property laws. Our results indicate that FDI investor is indifferent to host country property rights, hence shareholder protection by law is not a significant determinant of FDI outflows. We argue that FDI, in contrast with other types of capital flows, can effectively mitigate the agency problem through majority ownership and control, hence reduce exposure to ex-post expropriation by the affiliate. On the other hand, FDI investor remains exposed to risk of expropriation by the host government and is strongly sensitive to the enforcement of law in the host country. In contrast with recent literature we conclude that there are no causal relationship between bilateral investment treaties and FDI.

National Role Conceptions and Foreign Policies: France and Germany Compared. CES Germany & Europe Working Papers, No. 02.4, 2002

In spite of domestic and international political changes, French and German foreign policies have displayed high degrees of continuity between the late 1950s and the mid-1990s. Over the same time period, the directions of the two states’ foreign policies have also continued to differ from each other. Why do states similar in many respects often part ways in what they want and do? This article argues that the French and German national role conceptions (NRCs) account for both of these continuities. NRCs are domestically shared understandings regarding the proper role and purpose of one’s own state as a social collectivity in the international arena. As internal reference systems, they affect national interests and foreign policies. This article reestablishes the NRC concept, empirically codes it for France and Germany for the time period under consideration, and demonstrates comparatively how different NRCs lead to varying interests and policies across the major policy areas in security, defense, and armament.

Morocco’s illiberal regime and fragmented political society. Arab Citizenship Review No. 10, October 2015

The post-Arab Spring period in Morocco has undergone different stages of changing state-society relations with regard to democracy, citizenship and human rights. The first stage, between February 2011 and the summer of 2013, was characterised by popular protests demanding democracy and freedom. People criticised public policies related to civil, political and social rights (employment, health, education, the status of women, and the issue of Amazigh). This outburst put the state in an awkward, defensive position. If we compare Morocco with the other Arab Spring countries, the Moroccan state’s reaction was moderate in its use of violence and repression, and it was positive, in that it resulted in the implicit, yet official acceptance of the demands for democracy, citizenship and battling corruption. In his speech on 9 March 2011, the king pledged to modify the Constitution and democratise the institutions.