An Exercise in Legal Honesty: Re-writing the Court of Justice and the Bundesverfassungsgericht. IHS Political Science Series No. 136, February 2014

At a time of crisis – a true state of emergency – both the Court of Justice of the European Union and the German Federal Constitutional Court have failed the rule of law in Europe. Worse still, in their evaluation of the ersatz crisis law, which has been developed in response to financial and sovereign debt crises, both courts have undermined constitutionality throughout Europe. Each jurisdiction has been implicated within the techocratisation of democratic process. Each Court has contributed to an incremental process of the undermining of the political subjectivity of European Citizens. The results are depressing for lawyers who are still attached to notions of constitutionality. Yet, we must also ask whether the Courts could have acted otherwise. Given the original flaws in the construction of Economic and Monetary Union, as well as the politically pre-emptive constraints imposed by global financial markets, each Court might thus be argued to have been forced to suspend immediate legality in a longer term effort to secure the character of the legal jurisdiction as a whole. Crisis can and does defeat the law. Nevertheless, what continues to disturb is the failure of law in Europe to open up any perspective for a return to normal constitutionality post crisis, as well as its apparent inability to give proper and honest consideration to the hardship now being experienced by millions of Europeans within crisis. This contribution accordingly seeks to reimagine each Judgment in a language of legal honesty. Above all, this contribution seeks to suggest a new form of post-national constitutional language; a language which takes as its primary function, proper protection of democratic process against the ever encroaching powers of a post-national executive power. This contribution forms a part of an on-going effort to identify a new basis for the legitimacy of European Law, conducted jointly and severally with Christian Joerges, University of Bremen and Hertie School of Government, Berlin. Differences do remain in our theoretical positions; hence this individual essay. Nevertheless, the congruence between pluralist and conflict of law approaches to the topic are also readily apparent. See, for example, Everson & Joerges (2013).

Transforming Power Relationships: Leadership, Risk, and Hope. IHS Political Science Series No. 135, May 2013

Chronic communal conflicts resemble the prisoner’s dilemma. Both communities prefer peace to war. But neither trusts the other, viewing the other’s gain as its own loss, so potentially shared interests often go unrealized. Achieving positive-sum outcomes from apparently zero-sum struggles requires a kind of riskembracing leadership. To succeed leaders must: a) see power relations as potentially positive-sum; b) strengthen negotiating adversaries instead of weakening them; and c) demonstrate hope for a positive future and take great personal risks to achieve it. Such leadership is exemplified by Nelson Mandela and F.W. de Klerk in the South African democratic transition. To illuminate the strategic dilemmas Mandela and de Klerk faced, we examine the work of Robert Axelrod, Thomas Schelling, and Josep Colomer, who highlight important dimensions of the problem but underplay the role of risk-embracing leadership. Finally we discuss leadership successes and failures in the Northern Ireland settlement and the Israeli-Palestinian conflict.

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.

Between violent and non-violent action strategies: a study on extreme-right organizations in Italy and Spain. IHS Political Science Series No. 130, July 2012

This paper focuses on the different forms of action adopted by extreme right organizations (both political parties and non-party groups) in Italy and Spain during their recent mobilization and links them to the environmental conditions and internal organizational factors which might affect them. With particular attention paid to the actors’ perceptions of reality, the macro-level factors (such as the favourable or unfavourable political opportunities of the context, the availability of allies in power, the degree of repression by authorities, etc.) as well as the meso-level factors (such as the internal characteristics of extreme right groups and their dynamics) will be explored in order to understand the action strategies of extreme right organizations and their recourse to violence. This paper, drawing on a combination of qualitative and quantitative research techniques, will be based on 20 semi-structured interviews with extreme right representatives of the main right wing organizations in Italy and Spain as well as a protest event analysis of newspapers dating from 2005 to 2009.

Fashions and fads in finance: contingent emulation and the political economy of sovereign wealth fund creation. IHS Political Science Series No. 131, July 2012

Sovereign wealth funds (SWFs), government-owned or managed investment vehicles, have proliferated at a remarkable rate over the past decade, even as political controversy has surrounded them. Why? The extant literature depicts the process of SWF creation as driven by functional imperatives associated with “excess” revenue and reserves accumulated from commodity booms and large current account surpluses. I argue that SWF creation also reflects in large part a process of contingent emulation in which first this policy has been constructed as appropriate for countries with given characteristics, and then when countries took on these characteristics, they followed their peers. Put simply, fashions and fads in finance matter for policy diffusion. I assess this argument using a new dataset on SWF creation that covers nearly 80 countries from 1984 to 2007. The results suggest peer-based contingent emulation has been a crucial factor shaping the decision of many countries to create a SWF, especially among fuel exporters. An earlier version of this paper was presented at the annual meeting of the American Political Science Association, Washington, DC, 2 – 5 September 2010. The author would like to thank Eric Neumayer for his many suggestions and comments on previous versions of the manuscript. The author would also like to thank Zachary Elkins for sharing data. Finally, the author would like to acknowledge the research assistance of Natali Bulamacioglu and Christopher Gandrud.

Bridging qualified majority and unanimity decision-making in the EU. IHS Political Science Series No. 132, February 2013

The EU has tried to bridge decision making by qualified majority and unanimity over the years by expanding qualified majorities (consensus) or by making unanimities easier to achieve. I call this decision-making procedure q-“unanimity” and trace its history from the Luxembourg compromise to the Lisbon Treaty, and to more recent agreements. I analyze the most recent and explicit mechanism of this bridging (article 31 (2) of the Lisbon Treaty) and identify one specific means by which the transformation of qualified majorities to unanimities is achieved: the reduction of precision or scope of the decision, so that different behaviors can be covered by it. I provide empirical evidence of such a mechanism by analyzing legislative decisions. Finally, I argue that this bridging is a ubiquitous feature of EU institutions, used in Treaties as well as in legislative decision-making.

Déjà-vu (again): The Lisbon Treaty Referendum in Ireland. IHS Political Science Series No. 133, February 2013

There has been an increasing use of direct democracy in the form of referendums on aspects of European integration. Two such referendums have been held in Ireland in 2008 and 2009 with the outcome changing from a No to a Yes vote. This paper addresses the question of what explains the change in outcome in two referendums on essentially the same document. It will do so by looking at the role of the campaign in providing information and hence reducing uncertainty, the importance of issue frames and the impact of domestic considerations on vote choice. It is suggested that there has not been a change in underlying attitudes but a change in how the Irish electorate weighed the same factors differently at both referendums. In addition, a change in economic conditions at the time of the second referendum also had an effect on how voters decided the second time around.

The European Citizens‘ Initiative – Chances, Constraints and Limits. IHS Political Science Series No. 134, April 2013

In order to celebrate the 20th anniversary of the establishment of European Union citizenship under the Maastricht Treaty in 1993, the year 2013 has been designated by the European Commission as the ‘European Year of Citizens’. The European Citizen’s Initiative (ECI) – labelled by the Commission as a ‘direct gateway through which citizens can make their voices heard in Brussels’ - may emerge in the European awareness as a new appealing platform for policy-shaping and communication. The ECI, through its transnational vox civilis character, figures among the most important novelties in the Lisbon Treaty and in the long run may facilitate and accelerate the bottom-up building of a European demos. The question is, however, whether the mechanism of pan-European signature collection is strong enough to face the democratic challenges present in the EU, especially during the ongoing financial crisis.

The Economic Basis of Attitudes towards the European Community: Familiarity Breeds Content. Institute for Advanced Studies Political Science Series, 12 April 1994

The purpose of this paper is to analyse the economic basis of mass support for, and opposition to the European Community. In other words the main question is: to what extent, and in what ways, is popular support or opposition to the EC dependent upon economic circumstances and considerations? Behind this research question lies the matter of the legitimacy of the EC in the eyes of citizens across Europe. In some respects the results of this study are frustrating and inconclusive. In other respects, however, the results suggest some clear generalizations and conclusions. First, we have found rather little evidence that the EC or European unification are evaluated in primarily economic terms. Secondly, support seems to be associated more strongly with social and attitudinal variables of a non-economic kind. Thirdly, the figures suggest that diffuse and somewhat idealistic reasons for supporting unification and EC membership tend to outweigh more specific reasons. Fourthly, a solid foundation of inertia, custom, and national tradition seem to maintain support and make it grow.

National Minorities, Nationalizing States, and External National Homelands in the New Europe. Notes toward a Relational Analysis. Institute of Advanced Studies Political Science Series, 11 December 1993

Nationalism remains central to politics in and among the new nation-states. Far from »solving« the region's national question, the most recent reconfiguration of political space – the replacement of the Soviet Union, Yugoslavia, and Czechoslovakia by some twenty would-be nation-states – only recast it in a new form. It is this new phase and form of the national question that I explore in this paper. I begin by outlining a particular relational configuration – the triadic relational nexus between national minorities, nationalizing states, and external national homelands – that is central to the national question in post-Soviet Eurasia. In the second, and most substantial, section of the paper, I argue that each of the »elements« in this relational nexus – minority, nationalizing state, and homeland – should itself be understood in dynamic and relational terms, not as a fixed, given, or analytically irreducible entity but as a field of differentiated positions and an arena of struggles among competing »stances.« In a brief concluding section, I return to the relational nexus as a whole, underscoring the dynamically interactive quality of the triadic interplay.

Die EU-Volksabstimmungen in Österreich, Finnland, Schweden und Norwegen. Verlauf, Ergebnisse Motive und Folgen = The EU referendums in Austria, Finland, Sweden and Norway. Results, motives and consequences. Institute for Advanced Studies Political Science Series No. 23, 1995

This paper analysis the 1994 EU referenda in Austria, Finland, Sweden and Norway in a comparative perspective. It shows that the results were, to some extent at least, related to how pronounced the respective elite consensus was on the necessity or desirability of EU membership. It also shows that in all cases the main motivation of the Yes voters was economic. The paper goes on to analyse the regional and social variations in voting patterns. In the concluding chapter some of the medium- and longterm effects of the referenda debates and results on Austrian, Finnish and Swedish government policy within the EU are outlined.

Strategic Voting in Proportional Systems: The Case of Finland. IHS Political Science Series No. 138, September 2014

Voters try to avoid wasting their votes even in PR systems. In this paper we make a case that this type of strategic voting can be observed and predicted even in PR systems. Contrary to the literature we do not see weak institutional incentive structures as indicative of a hopeless endeavor for studying strategic voting. The crucial question for strategic voting is how institutional incentives constrain an individual’s decision-making process. Based on expected utility maximization we put forward a micro-logic of an individual’s expectation formation process driven by institutional and dispositional incentives. All well-known institutional incentives to vote strategically that get channelled through the district magnitude are moderated by dispositional factors in order to become relevant for voting decisions. Employing data from Finland – because of its electoral system a particularly hard testing ground - we find considerable evidence for observable implications of our theory.