A Critique of Kosovo’s Internationalized Constitutional Court. EDAP 2014/02

The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

European Monetary Union: between the stakeholder and the stockholder models of capitalism. CES Germany & Europe Working Papers, No. 01.3, 2001

From the mid-1980s on a new attitude towards self-determination appeared in Western European integration. With the Maastricht Treaty of 1992 and, later, with theAmsterdam Treaty of 1997 the member countries of the European Community manifested their determination to be active players in the new international order. Accepting and instituting the single market and monetary union constituted, however, a challenge of compatibility between the traditional model of welfare European capitalism and the impositions coming from globalization under the neo-liberal model of Anglo-Saxon capitalism. This issue is examined here under two perspectives. The first reviews the implications which globalization has had on the European model of capitalism and the second the complications for monetary management as Europe moves from a nationally regulated to a union regulated financial structure.

The EEAS and the Eastern Partnership: let the blame game stop. CEPS Commentary, 4 September 2012

In the first year and a half of its existence, the EEAS and its head have become the target of extensive criticism for the shortcomings of EU foreign policy; shortcomings that in fact date back to the creation of the European Union. The EU’s diplomatic service has been blamed variously for ‘lacking clarity,’ ‘acting too slowly’ and ‘being unable to bridge the institutional divide’. In this Commentary author Hrant Kostanyan argues that the EEAS’ discretionary power in the Eastern Partnership multilateral framework is restricted by the decision-making procedures between a wide range of stakeholders: the member states and the partner countries, as well as by the EU institutions, international organisations and the Civil Society Forum. Since this decision-making process places a substantial number of brakes on the discretionary power of the EEAS, any responsible analysis or critique of the service should take these constraints into consideration. Ultimately, the EEAS is only able to craft EU foreign policy insofar as it is allowed to do so.

Regional government and the "New Europe"

Introduction. Regional government in contemporary western Europe corresponds to a type of society and economy variously labeled "post-industrial", "post-bourgeois" or merely "the New Europe."l This New Europe evolved historically from the interconnected strands of capitalism; industrialism and pluralistic democracy. It resembles in many respects the type of economy and society familiar to us in North America. Regional government in such a society is thus merely an adaptation on the scale of half a continent of forms of social and economic organization which evolved historically at the national level. Regional government in the New Europe is the institutional and political recognition that societies have changed dramatically since 1945, so dramatically that they cannot be adequately described in the doctrines and ideologies made familiar by nineteenth and early twentieth century political thought. Hence the New Europe and its regional government is the future of that part of history which has also been aptly described as "the end of ideology."

THE NEW WALLS AND FENCES: CONSEQUENCES FOR ISRAEL AND PALESTINE. CEPS Middle East Working Paper No. 9, June 2003

Good fences make good neighbours’ wrote the poet Robert Frost. Israel and Palestine are certainly not good neighbours and the question that arises is will a fence between Israel and Palestine turn them into ‘good neighbours’. This paper deals with the Israeli decision to construct a fence that will divide Israel and the West Bank. Almost all public debate of the wall in Israel has been limited to the security aspects. In light of the success enjoyed so far by the wall or fence around the Gaza Strip in preventing suicide bombers from getting through, the defence for needing a similar wall around the West Bank seems like an easy task. One of the main proponents of the wall concept in Israel is Dan Scheuftan, whose book on the subject has served as a guide for policy-makers. The paper provides a critique of Scheuftan’s book. The paper addresses various aspects of the wall and focuses on the different consequences of building a barrier between the two entities. Significant attention is paid to the economic consequences of the wall. The paper also looks at other issues such as the impact the wall will have on future attempts of peace-making. The paper attempts to show that the prevention of Palestinian access to Israel – the main goal of the wall – may not really have the hoped for effect of enhancing Israel’s security

Why Are German Employers Associations Declining? A Challenge to the Conventional Wisdom. CES Germany & Europe Working Papers, No. 05.3, 2005

This paper challenges the conventional explanation for declining density of German employers associations. The dominant account asserts that German trade unions have taken advantage of increased globalization since the 1980s which has made internationally active enterprises more vulnerable to production disruptions to extract additional monopoly rents from multinational employers via aggressive collective bargaining. Small firms have responded to the increased union pressures by avoiding membership employers associations, which has produced the density declines. Data, however, disconfirm the conventional explanation; compensation increases have actually become increasingly smaller over the decades. This paper presents an alternative explanation that is consistent with the data. We argue that it is the large product manufacturers rather than the trade unions that have greatly increased price pressures on parts suppliers, which has led to a disproportionate number of suppliers to quit employers associations. The paper also discusses these findings in light of the "varieties of capitalism" literature. It points out that this literature has depicted national models as too homogeneous. The decision of several German employers associations to offer different classes of membership represents an accentuation of variety within national varieties of capitalism.