The President above parties: a founding illusion of the Fifth Republic

De Gaulle, founder of the Fifth French Republic, cherished the notion that the president of the Republic could somehow stand above party politics. In many ways this belief shaped the early institutional configuration of the new Republic. Party politics, however, rapidly reached the presidency, especially with the move, under the constitutional reform of 1962, to direct election of the president. This article charts the development of France's 'political constitution' and the relationship between president and parties over the first decade of the Fifth Republic. It finds that although the presidency became the prime goal of party political competition, the (often dysfunctional) illusion of a head of state above politics continues to shape the behaviour and perceptions of French presidents.

Os antagonismos da integração sul-americana na ordem jurídica brasileira

The economic regional integration is a phenomenon observed in numerous occasions inside the global economic reality. Watchful to that phenomenon, the 1988 s Brazilian constitutional order establish in its 4th article, single paragraph, the commitment to seek for the Latin- American integration, as a Fundamental Principle to the Brazilian Federative Republic. Regarding the mentioned constitutional disposition s realization, the Brazilian State celebrated, specially, the 1980 s Montevideo Treaty, creating the Latin-American Integration Association, and the 1991 s Asuncion Treaty, performing the duty to establish a common market, in sub regional level, with Argentina, Paraguay and Uruguay, called Mercado Comum do Sul. However, due to an addiction to a wrong comprehension of State s Sovereignty Principle, the Constitution imposes to the international rules an incorporation process, without providing any privilege to those ones regarding the integration constitutional disposition s realization, whether original or derived. The Brazilian s Supreme Court, as matter of fact, affirmed that it is not possible, facing the actual constitutional order, to grant any character of preference. Also in the controversies solution mechanism, responsible for the law s execution in case of its noncompliance, where found malfunctions, most notably the system s open character and its excessive procedural flexibility, in addiction to restricting the access of individuals. It follows from these findings, then, the lack of legal certainty provided by the Mercosul s legal system, considering its effects both international and within the Brazilian state. Among the possible solutions to reduce or eliminate the problem are using the practice of the so-called executive agreements in the Mercosul s original rules incorporation to the Brazilian state, the creation of a Mercosul s court of law and/or a constitutional reform

A influência do estado no crescimento da economia do setor mineral: o caso da CVRD de 1942 a 2010

O presente trabalho tem como tema “a influência do Estado no crescimento da economia do setor mineral: o caso da CVRD de 1942 a 2010”. Para orientar a pesquisa e a construção da tese foi estabelecido o problema: que mudanças ocorreram no plano legal e institucional, no Brasil e no Pará, a partir de 1990, que podem ser interpretadas como componentes de um novo modo de regulação e que transformações se processaram na economia, no Brasil e no Pará, que podem ser interpretadas como parte do processo de constituição de um novo regime de acumulação e de que forma essas alterações estão relacionadas com o processo de privatização e crescimento da mineração, sob a gestão da CVRD ou Vale? Como marco teórico operou-se com as categorias de análise regime de acumulação e modo de regulação, considerando as contribuições de Lipetz (1988) e Harvey (1998) da denominada escola da regulação. O objetivo era compreender as mudanças na economia e na legislação, no Brasil e no Pará, como uma transição do regime de acumulação e modo de regulação fordista-keyneiano para um novo regime denominado de acumulação flexível. Selecionou-se um conjunto de eventos para serem analisados como integrantes da transição no modo de regulação: Plano de estabilização econômica; reforma constitucional de 1995; Lei Complementar n° 87/96 - a Lei Kandir; Medida Provisória nº 2166/67 que criou o conceito de obras de utilidade pública; Resolução do Conama nº 369 sobre mineração em Área de Preservação permanente; Lei de responsabilidade Fiscal; Lei de Modernização dos Portos. Outros eventos foram selecionados e analisados como componentes de um novo regime de acumulação: Investimento público em obras de infra-estrutura de transporte e energia; privatização no Brasil, incluindo a da CVRD e sua expansão posterior, juntamente com o crescimento da economia do setor mineral. Concluiu-se que, com a influência do Estado há a estabilização de um novo regime de acumulação, que no Pará aprofunda o perfil primário-exportador da economia. Em 2010, o setor mineral contribuiu com 86% da pauta de exportação e desse total a indústria extrativa mineral participou com 77% e a indústria da transformação com 23%. No período de 2002 a 2007, a indústria extrativa mineral participava com 60% e a da transformação com 40% da exportação. A CVRD ou Vale, no Pará, a partir de 2010, priorizou a exportação de produtos primários, sobretudo minério de ferro, reduzindo sua participação na indústria de transformação, por meio do repasse à Norsk Hidro, de suas ações, na Albrás, Alunorte e Companhia de Alumina do Pará.

A reforma do judiciário brasileiro no circuito decisório da Câmara dos Deputados

Este artigo pretende examinar como a Câmara dos Deputados, à época do segundo mandato de Fernando Henrique Cardoso, discutiu a Reforma do Judiciário, tendo como ponto de partida o desenho constitucional deste complexo de instituições, que fora delineado pelos constituintes em 1988. Levando em conta que os operadores de Direito compõe um segmento profissional altamente organizado, os termos da reforma foram objeto de grande controvérisa, o que trouxe implicações adicionais às dificuldades previsíveis nas iniciativas políticas de alteração constitucional.

Essays on the political economy of European integration

Recently, a rising interest in political and economic integration/disintegration issues has been developed in the political economy field. This growing strand of literature partly draws on traditional issues of fiscal federalism and optimum public good provision and focuses on a trade-off between the benefits of centralization, arising from economies of scale or externalities, and the costs of harmonizing policies as a consequence of the increased heterogeneity of individual preferences in an international union or in a country composed of at least two regions. This thesis stems from this strand of literature and aims to shed some light on two highly relevant aspects of the political economy of European integration. The first concerns the role of public opinion in the integration process; more precisely, how economic benefits and costs of integration shape citizens' support for European Union (EU) membership. The second is the allocation of policy competences among different levels of government: European, national and regional. Chapter 1 introduces the topics developed in this thesis by reviewing the main recent theoretical developments in the political economy analysis of integration processes. It is structured as follows. First, it briefly surveys a few relevant articles on economic theories of integration and disintegration processes (Alesina and Spolaore 1997, Bolton and Roland 1997, Alesina et al. 2000, Casella and Feinstein 2002) and discusses their relevance for the study of the impact of economic benefits and costs on public opinion attitude towards the EU. Subsequently, it explores the links existing between such political economy literature and theories of fiscal federalism, especially with regard to normative considerations concerning the optimal allocation of competences in a union. Chapter 2 firstly proposes a model of citizens’ support for membership of international unions, with explicit reference to the EU; subsequently it tests the model on a panel of EU countries. What are the factors that influence public opinion support for the European Union (EU)? In international relations theory, the idea that citizens' support for the EU depends on material benefits deriving from integration, i.e. whether European integration makes individuals economically better off (utilitarian support), has been common since the 1970s, but has never been the subject of a formal treatment (Hix 2005). A small number of studies in the 1990s have investigated econometrically the link between national economic performance and mass support for European integration (Eichenberg and Dalton 1993; Anderson and Kalthenthaler 1996), but only making informal assumptions. The main aim of Chapter 2 is thus to propose and test our model with a view to providing a more complete and theoretically grounded picture of public support for the EU. Following theories of utilitarian support, we assume that citizens are in favour of membership if they receive economic benefits from it. To develop this idea, we propose a simple political economic model drawing on the recent economic literature on integration and disintegration processes. The basic element is the existence of a trade-off between the benefits of centralisation and the costs of harmonising policies in presence of heterogeneous preferences among countries. The approach we follow is that of the recent literature on the political economy of international unions and the unification or break-up of nations (Bolton and Roland 1997, Alesina and Wacziarg 1999, Alesina et al. 2001, 2005a, to mention only the relevant). The general perspective is that unification provides returns to scale in the provision of public goods, but reduces each member state’s ability to determine its most favoured bundle of public goods. In the simple model presented in Chapter 2, support for membership of the union is increasing in the union’s average income and in the loss of efficiency stemming from being outside the union, and decreasing in a country’s average income, while increasing heterogeneity of preferences among countries points to a reduced scope of the union. Afterwards we empirically test the model with data on the EU; more precisely, we perform an econometric analysis employing a panel of member countries over time. The second part of Chapter 2 thus tries to answer the following question: does public opinion support for the EU really depend on economic factors? The findings are broadly consistent with our theoretical expectations: the conditions of the national economy, differences in income among member states and heterogeneity of preferences shape citizens’ attitude towards their country’s membership of the EU. Consequently, this analysis offers some interesting policy implications for the present debate about ratification of the European Constitution and, more generally, about how the EU could act in order to gain more support from the European public. Citizens in many member states are called to express their opinion in national referenda, which may well end up in rejection of the Constitution, as recently happened in France and the Netherlands, triggering a European-wide political crisis. These events show that nowadays understanding public attitude towards the EU is not only of academic interest, but has a strong relevance for policy-making too. Chapter 3 empirically investigates the link between European integration and regional autonomy in Italy. Over the last few decades, the double tendency towards supranationalism and regional autonomy, which has characterised some European States, has taken a very interesting form in this country, because Italy, besides being one of the founding members of the EU, also implemented a process of decentralisation during the 1970s, further strengthened by a constitutional reform in 2001. Moreover, the issue of the allocation of competences among the EU, the Member States and the regions is now especially topical. The process leading to the drafting of European Constitution (even if then it has not come into force) has attracted much attention from a constitutional political economy perspective both on a normative and positive point of view (Breuss and Eller 2004, Mueller 2005). The Italian parliament has recently passed a new thorough constitutional reform, still to be approved by citizens in a referendum, which includes, among other things, the so called “devolution”, i.e. granting the regions exclusive competence in public health care, education and local police. Following and extending the methodology proposed in a recent influential article by Alesina et al. (2005b), which only concentrated on the EU activity (treaties, legislation, and European Court of Justice’s rulings), we develop a set of quantitative indicators measuring the intensity of the legislative activity of the Italian State, the EU and the Italian regions from 1973 to 2005 in a large number of policy categories. By doing so, we seek to answer the following broad questions. Are European and regional legislations substitutes for state laws? To what extent are the competences attributed by the European treaties or the Italian Constitution actually exerted in the various policy areas? Is their exertion consistent with the normative recommendations from the economic literature about their optimum allocation among different levels of government? The main results show that, first, there seems to be a certain substitutability between EU and national legislations (even if not a very strong one), but not between regional and national ones. Second, the EU concentrates its legislative activity mainly in international trade and agriculture, whilst social policy is where the regions and the State (which is also the main actor in foreign policy) are more active. Third, at least two levels of government (in some cases all of them) are significantly involved in the legislative activity in many sectors, even where the rationale for that is, at best, very questionable, indicating that they actually share a larger number of policy tasks than that suggested by the economic theory. It appears therefore that an excessive number of competences are actually shared among different levels of government. From an economic perspective, it may well be recommended that some competences be shared, but only when the balance between scale or spillover effects and heterogeneity of preferences suggests so. When, on the contrary, too many levels of government are involved in a certain policy area, the distinction between their different responsibilities easily becomes unnecessarily blurred. This may not only leads to a slower and inefficient policy-making process, but also risks to make it too complicate to understand for citizens, who, on the contrary, should be able to know who is really responsible for a certain policy when they vote in national,local or European elections or in referenda on national or European constitutional issues.

Le politiche giudiziarie inglesi degli anni 2000: mutamento di paradigma e rafforzamento dell'incisività politica dei giudici

The Ph.D. dissertation analyses the reasons for which political actors (governments, legislatures and political parties) decide consciously to give away a source of power by increasing the political significance of the courts. It focuses on a single case of particular significance: the passage of the Constitutional Reform Act 2005 in the United Kingdom. This Act has deeply changed the governance and the organization of the English judicial system, has provided a much clearer separation of powers and a stronger independence of the judiciary from the executive and the legislative. What’s more, this strengthening of the judicial independence has been decided in a period in which the political role of the English judges was evidently increasing. I argue that the reform can be interpreted as a «paradigm shift» (Hall 1993), that has changed the way in which the judicial power is considered. The most diffused conceptions in the sub-system of the English judicial policies are shifted, and a new paradigm has become dominant. The new paradigm includes: (i) stronger separation of powers, (ii) collective (as well as individual) conception of the independence of the judiciary, (iii) reduction of the political accountability of the judges, (iv) formalization of the guarantees of judicial independence, (v) principle-driven (instead of pragmatic) approach to the reforms, and (vi) transformation of a non-codified constitution in a codified one. Judicialization through political decisions represent an important, but not fully explored, field of research. The literature, in particular, has focused on factors unable to explain the English case: the competitiveness of the party system (Ramseyer 1994), the political uncertainty at the time of constitutional design (Ginsburg 2003), the cultural divisions within the polity (Hirschl 2004), federal institutions and division of powers (Shapiro 2002). All these contributes link the decision to enhance the political relevance of the judges to some kind of diffusion of political power. In the contemporary England, characterized by a relative high concentration of power in the government, the reasons for such a reform should be located elsewhere. I argue that the Constitutional Reform Act 2005 can be interpreted as a result of three different kinds of reasons: (i) the social and demographical transformations of the English judiciary, which have made inefficient most of the precedent mechanism of governance, (ii) the role played by the judges in the policy process and (iii) the cognitive and normative influences originated from the European context, as a consequence of the membership of the United Kingdom to the European Union and the Council of Europe. My thesis is that only a full analysis of all these three aspects can explain the decision to reform the judicial system and the content of the Constitutional Reform Act 2005. Only the cultural influences come from the European legal complex, above all, can explain the paradigm shift previously described.

Autonomia finanziaria degli enti territoriali al tempo della crisi, tra unione europea e garanzia dei diritti

La tesi si propone di ricostruire la struttura attuale dell'autonomia finanziaria degli enti locali italiani, e in particolare le regioni italiane, alla luce delle riforme legislative e costituzionali approvate dal Parlamento italiano negli ultimi anni (come ad esempio il bilancio riforma costituzionale equilibrata del 2012). Lo studio si concentra sulla situazione italiana alla luce dei vincoli europei introdotti nel corso degli anni, da quelli contenuti nel Trattato di Maastricht a quelli derivati dalla crisi economica e finanziaria. L'obiettivo è quello di verificare se le scelte del legislatore italiano possano dirsi coerenti con il processo di unione politica europea e quali conseguenze abbiano avuto sulla garanzia dei diritti. In particolare, lo studio si concentra sulla garanzia dei diritti sociali nel contesto politico ed economico attuale, a livello europeo e nazionale, con particolare attenzione al diritto alla salute.

The Presidential Institution in Bulgaria, Albania and Romani: An Attempt at Comparison"

Bulgaria, Albania and Romania are all parliamentary republics with a president as head of state. Although the Albanian president is elected by Parliament, he is arguably the strongest of the three, both in terms of the powers allowed by the provisional constitution and of Mr. Berisha's political practice. The constitutional reform underway in the country will however change the status quo. In Bulgaria and Romania the presidents are elected directly by popular vote, but their powers are relatively small as compared to the democratic legitimisation implied by direct elections. Actual presidential powers should however be assessed with caution as some of them are set by law or interpretations of constitutional texts, rather than by the constitutions themselves. There is also variation in the degree to which the presidents in office have exploited their constitutional powers or taken their role as non-aligned political brokers seriously. Mr. Berisha, in particular, was in control of party politics throughout his presidency and was one of the most polarising influences on public opinion. The excessive political polarisation in all three countries has however its own logic and power. Thus Mr. Zhelev invariably supported the emergence of a political centre in Bulgaria, but this did not succeed and the policy was as damaging to his political career as the fight with would-be centrists was to Berisha's. Political practice in all three countries seems to need a presidential figure. This adds flexibility to a situation governed by hostile and mutually suspicious parties, stuck parliaments and weak or inexperienced governments. The presidents also command considerable influence on public opinion. Public opinion in Bulgaria, for example, largely supports the idea of greater power for the president, in contrast with the opinions of constitutionalists and other law-makers in the country. Under the legacy of the past, the people have a love-hate relationship with such paternalist figures. Presidents personalise politics in the public mind, but they can also become scapegoats for political failures.

La cultura política en Corrientes

En esta tesis se aborda la historia política correntina del período 1909- 1930, centrándose en la actuación de los partidos políticos, en las elecciones y prácticas políticas y electorales con el objeto de contribuir a la reconstrucción y comprensión de la cultura política provincial y aportar al conocimiento de la historia política argentina de esa etapa. La provincia de Corrientes, constituye un caso peculiar en el contexto nacional, al convertirse en la única que no tuvo un gobierno radical en todo el período posterior a la sanción de la ley electoral de 1912. Lo que aquí se trató de demostrar fue que los mecanismos que permitieron la permanencia de los gobiernos conservadores en esa provincia fueron tanto institucionales como culturales. Entre ellos, se destacan la adecuación al nuevo sistema político por medio de una reforma de la Constitución Provincial que confirmó el sistema de representación proporcional en lugar del sistema de lista incompleta y la reorganización de los partidos conservadores a través de la instauración de la política del acuerdo. Así, la permanencia de éste sector en el gobierno durante todo el período analizado, estuvo más vinculada con la puesta en práctica de estos mecanismos, que con el incremento de la participación del electorado o la influencia de elementos discursivos o ideológicos.

The Dynamics of Decentralization in Italy: Towards a Federal Solution? European Diversity and Autonomy Papers, EDAP/04 2013

This paper analyses the recent process of state decentralisation in Italy from the perspectives of political science and constitutional law. It considers the conflicting pressures and partisan opportunism of the decentralising process, and how these have adversely affected the consistency and completeness of the new constitutional framework. The paper evaluates the major institutional reforms affecting state decentralisation, including the 2001 constitutional reform and the more recent legislation on fiscal federalism. It argues that while the legal framework for decentralisation remains unclear and contradictory in parts, the Constitutional Court has performed a key role in interpreting the provisions and giving life to the decentralised system, in which regional governments now perform a much more prominent role. This new system of more decentralised multi-level government must nevertheless contend with a political culture and party system that remains highly centralised, while the administrative apparatus has undergone no comparable shift to take account of state decentralisation, leading to the duplication of bureaucracy at all territorial levels and continuing conflicts over policy jurisdiction. Unlike in federal systems these conflicts cannot be resolved in Italy through mechanisms of “shared rule”, since formal inter-governmental coordination structure are weak and entirely consultative.

Georgia- between a dream and reality. OSW Commentary no. 133, 15.04.2014

Following several years of political turmoil triggered by constitutional reform (a shift from a presidential to a semi-presidential system) and electoral reshuffles (parliamentary elections in 2012; presidential elections in 2013), the political situation in Georgia has stabilised: key posts in the country are now in the hands of democratically elected members of the Geor-gian Dream coalition. Despite its mosaic-like structure and internaltensions, Georgian Dream remains strong and enjoys high levels of public support. This puts it in good stead to play a central role in Georgian politics in the foreseeable future, including securing victory in the local government elections scheduled for June. However, local billionaire Bidzina Ivanishvili does not currently hold a political office - despite the fact that he is the founder, sponsor and undisputed leader of the coalition, as well as former prime minister and the most popular public figure in Georgia (besides Patriarch Ilia II). This raises several questions, for example: Who is really at the helm of the Georgian state? What is the lon-g-term vision of the current government? The past achievements of the politically heterogeneo-us Georgian Dream - dominated by Mr Ivanishvili - offer little help in answering these questions. In addition to a series of challenges on the domestic front, the new Georgian leadership is also facing strategic geopolitical challenges, compounded by the current conflict in Ukraine. These include the future of Georgia’s relations with the West (including the process of EU and NATO integration) and with Russia (in response to repeated attempts to re-integrate the post-Soviet republics). The scale and dynamism of the changes in both the geopolitical order in the post-Soviet region and in the relations between Russia and the West are causing further questions to be raised about their impact on the position of the Georgian political elite and about their consequences for the entire country.

Ukraine: sovereign decentralisation or federalism without sovereignty? OSW Commentary No. 133, 18.04.2014

A key element of Russia’s policy towards the new government of Ukraine concerns demands for a constitutional reform that would transform the country from a unitary into a federal state in a way that would considerably privilege the eastern and southern regions. Such a change to Ukraine’s administrative system would enable Moscow to put pressure on Ukraine’s central government via the regions. In order to achieve its objectives, Russia has been pressuring Kyiv to establish a constitutional assembly in a form that would guarantee the endorsement of solutions dictated by Russia. In other words, Russia has been demanding, in what is practically an ultimatum, that Ukraine give up one of the fundamental sovereign rights of a state, the right to freely determine its system of government. Transforming Ukraine into a federal state is an unacceptable idea, primarily because the intention behind Russia’s demands is to undermine Ukraine’s sovereignty, both through the content of the proposed changes and the way in which they are to be implemented. However, keeping in place the current, centralist model of state governance is not a feasible alternative. Ukraine will have to grant its regions broad self-governance powers, including the power to hold local referendums, and to transfer a considerable portion of the prerogatives currently held by the state to the local self-governments, along with adequate financial resources. That is because decentralisation along these lines is the only way forward towards a modern democracy in Ukraine. Russia’s policy has forced Kyiv to undertake legislative work on constitutional reform as a matter of urgency, rather than waiting until a new parliament is elected in which the new, post-Maidan balance of political power will be reflected, as political logic would require. The first draft of the constitutional amendments (of which no details are known at this stage) is to be presented in mid-May, and is expected to come into force in early autumn. However, whether these plans can be put into practice depends on further developments in the eastern part of Ukraine, because (among other reasons) if a state of emergency is introduced, the constitutional amendment process will have to be suspended.

Combating corruption in Ukraine – the beginning of a long march. OSW COMMENTARY Number 170, 06.05.2015

From a public opinion point of view, corruption has been the gravest problem of today’s Ukraine, excepting the armed conflict in the east of the country. The government might be able to delay certain key reforms such as the constitutional reform or the reform of local government structures, however, without stepping up measures to combat corruption they would face the risk of losing social support which has already been weak. There is no single strategy for combating corruption in Ukraine. What has been implemented is a series of often contradictory concepts and actions (initiated by the president’s office, the government, civil society institutions, or launched to meet the requirements of donors). The successes of the new government have included efforts aimed at fighting corruption at the middle level of government and the introduction of legislative changes in compliance with international practice. The main weaknesses, on the other hand, have been the lack of efficient mechanisms to implement the adopted legislation to ensure that an individual charged with corruption (regardless of political connections) could be effectively tried and the money received as bribery could be returned to the state. Similarly, the judiciary system has not been prepared to actively handle corruption cases.

Germany and the European union:from 'tamed power' to normalized power?

Germany has traditionally played a key role in promoting European Union solutions to domestic policy problems. In doing so it gained a reputation as a 'tamed power' (Katzenstein). This article reviews Germany's diplomacy two decades after unification. It explores the 'tamed power' hypothesis with reference to three policy areas: constitutional reform in the EU; Justice and Home Affairs policy; and an issue that has made German European policy very salient of late, the management of the Eurozone. The article argues that Germany has become a much less inclusive actor in European policy, pursuing policy solutions through 'pioneer groups' where these offer greater promise than the EU itself and becoming increasingly attentive to domestic political constraints. The article argues that Germany has become a normalized power, with significant implications for the EU. © 2010 The Author(s). International Affairs © 2010 The Royal Institute of International Affairs.

Colombian society in the 1990s: Fragmentation, legitimacy, and efficiency

During the nineties, Colombia experienced a two-fold process of restructuring. First, the political system underwent a process of constitutional reform in order to strengthen the state and increase its legitimacy, surpass the exclusionary character of the political regime, and achieve greater equity in the distribution of social resources. Second, the economy made the transition from a Keynesian development strategy to a strategy of “opening” or liberalization and internationalization of the economy, in order to increase the economic efficiency by reducing the “size” of the state and its regulatory role. The purpose of this dissertation is to analyze the interplay and contradictions of economic and political factors in the restructuring of the Colombian politico-economic system. ^ The main finding of this dissertation is that the simultaneous adoption of a neoliberal economic strategy and of the Political Constitution of 1991, have had a contradictory relationship: while the “political opening” has produced favorable conditions for fostering programs of democratization and social integration, the “economic opening” has counteracted that possibility given that it implies a social exclusionary process. This tension has aggravated the problems of political and social integration that have traditionally characterized Colombian society. ^ This crucial tension has also been characteristic of Latin America in the nineties. However, it has been neglected and undertheorized in most of the democratization studies of American comparative politics. Most of them lack consideration of structural aspects. According to those studies, the cause of regime change is determined by the strategic elections of actors. Contrary to these approaches, I develop a structural perspective. I consider that social phenomena are partly determined by structural factors, and scientific research should assign them decisive importance, since a fundamental basis for social action and transformation is to be found in the dynamics of relationships between individuals and structures and the development of contradictions within structures. ^