EU

04
Mar
2024

Don’t throw out the baby with the bath water: How not to misread an EU request about foreign judges at the Constitutional Court of Bosnia and Herzegovina

Abstract

The role of a Constitutional Court is central, even more so after a conflict in deeply divided societies. Foreign judges may strengthen the judicial independence, authority, and accountability of a court. However, the consideration of their role is strongly related to the context, including the role of the International Community. Experience suggests that there is positive potential for the use of foreign judges in stabilizing post-conflict situations; however, over time they may risk becoming a divisive factor themselves, as recently in the case of Bosnia and Herzegovina. This, and the preparation for EU accession, makes it necessary (or at least advisable) to adapt their guarantee function, write Jens Woelk and Harun Išerić.

 

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Posted by Jens Woelk and Harun Išeric in Case Studies, 0 comments
19
Oct
2021

Covid-19 and Federal Integration in the European Union

Abstract

While all political systems have struggled with the coronavirus pandemic, this paper examines the ways in which the pandemic has affected the European integration project, particularly with respect to a quasi-federal system with shared competences in key policy areas shaping an effective Covid-19 response.  Previous crises are associated with increased European integration, especially along the lines of ‘federal integration’ – a concept model for interpreting European integration as a dynamic policymaking process.  This paper suggests that this observed link between crises and federal integration is being replicated with respect to European governance of the Covid-19 pandemic in several areas, including agencification, fiscal policy, and health policy.    These new policy approaches and instruments have – as has been the case with previous crises – strengthened the European integration project.

 

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Posted by Laurie Buonanno and Neill Nugent in Case Studies, 0 comments
16
Feb
2019
What Does the EU tell us about Federalism?

What Does the EU tell us about Federalism?

Abstract

 

The link between federalism and the EU has been widely explored from the perspective of structural, definitional elements. Rather than looking at the impact of federalism on the EU, this paper looks at what the EU tells us about contemporary federalism. It is contended that the most significant contribution of the EU to the theory and practice of federalism is the key role of asymmetry. In the EU, like in other contemporary manifestations of federalism, asymmetry is the backbone of the functioning of the relations between the tiers of government, a structural rather than an accidental element of today’s federalism.

 

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Posted by Francesco Palermo in Case Studies, Theory, 0 comments
19
Feb
2018
Joint-decision Making: An Alternative to Centralisation / Decentralisation

Joint-decision Making: An Alternative to Centralisation / Decentralisation

Abstract

The text presents the concept of joint-decision making as an idea and alternative to the already established concepts of centralisation and decentralisation in federal studies. Whereas the notions of centralisation and decentralisation seem to be well established in federal studies, the idea of joint-decision making seems to count only as a German speciality or a German feature of federal studies. This paper further explores this idea and concept, drawing upon the German case as well as suggesting it is worth expanding beyond it.

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Posted by Dominic Heinz in Theory, 0 comments
05
Feb
2018
Secession and Federalism: A Chiaroscuro

Secession and Federalism: A Chiaroscuro

Abstract

The relationship between federalism and secession might be regarded as antithetical but is an unavoidable fact in multinational political communities. Integration and disintegration are both possible trends in a federation. Recent political events in Catalonia show the salience of independence claims, a political phenomenon already experienced by other countries such as Scotland or Quebec. Liberal democracies evolve and debates on self-government and self-determination cannot be discussed as they were decades ago. Constitutional right to secede is extremely rare, however we can find good reasons both in constitutional and normative analysis supporting democratic self-determination. Minority nations, as permanent minorities, claim for liberal guarantees to protect them from majorities, but also democratic rights to express their views on their constitutional future. Pacts are the basis of any political agreement and any federal arrangement requires individual and collective compromises to be respected.

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Posted by Marc Sanjaume-Calvet in Diversity Management, 0 comments