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Adopted guidelines reflect a harmonised European approach to a specific scientific issue and should reflect the most recent scientific knowledge. However, whilst EU regulations are mandatory for all member states and EU directives must be followed by national laws in line with the directive, EMA guidelines do not have legal force and alternative approaches may be taken, but these obviously require more justification. This new series of the BJCP, developed in collaboration with the EMA, aims to address this issue by providing an annotated version of some relevant EMA guidelines and regulatory documents by experts. Hopefully, this will help in promoting their diffusion and in opening a forum for discussion with our readers. [ABSTRACT FROM AUTHOR]

This paper examines institutional change in father‐specific leave ‐ a centre‐piece of the EU's work‐life balance directive (WLBD) ‐ from the perspective of gradual institutional change. The WLBD, a highly contentious directive, represents a litmus test for the possible impact of the European pillar of social rights (EPSR), on welfare state institutions, which are responsible for the organisation, financing and delivery of social rights in member states. The analysis comprises in‐depth case studies in Denmark, Germany, France and Poland, with different combinations of family and parental leave policies prior to the WLBD. The findings reveal that the EU's directive is leading to convergence in paternity leave, but to divergence in parental leave. Our study is important because it shows that even if EU directives in social policy in principle can lead to upwards social convergence across the EU, when they are relatively weak in terms of precise constraint, for instance, for the level of remuneration for leave, this leads to differentiated integration. This could undermine the very purpose of the EPSR, which seeks to improve social rights for all citizens across the EU. Similar dynamics are likely to be present in other areas at the welfare state‐labor market nexus, such as minimum wages or platform work, where the EU is also developing regulation under the auspices of the EPSR. [ABSTRACT FROM AUTHOR]

By providing financial resources, conditional to the implementation of the (social) recommendations in the Semester and the principles of the European Pillar of Social Rights, the Recovery and Resilience Facility (RRF) has opened new political and institutional opportunity windows for the multi‐level co‐production of social policies. The article first dives into how the RRF has been translated into national social policies choices, by assessing the alignment of reforms and investments with the Semester social recommendations and their capacity to address the social vulnerabilities identified in the Pillar's Social Scoreboard. Second, it sheds light on the interaction between the European Commission, in charge of assessing and monitoring the RRF, and the national governments, the key actors in setting‐up and implementing the plans. Comparing six case studies (Italy, Germany, Spain, Croatia, Belgium and Austria), the article shows that the RRF has only partially contributed to reinforcing member states' compliance with social Country Specific Recommendations and the role of the Social Pillar in the drafting of National Recovery and Resilience Plans has been very limited. This notwithstanding, the RRF has contributed to fasten‐forward the implementation of welfare reforms and initiatives which would have been remained on the paper, especially for whose countries with limited fiscal capacity. Furthermore, it provides empirical evidence of the collaborative approach between the Commission and the national government, substantiating the claim of the emergence of a new mode of coordinative Europeanization. [ABSTRACT FROM AUTHOR]

This paper critically examines the proposal to overcome the judicial definition of fundamental rights by using constitutional amendment procedures. Authors known as "political constitutionalists" have advocated weak‐form judicial review as an alternative to the constitutional practice currently prevailing in liberal democracies. The proposal under consideration here seeks to achieve this alternative by making constitutional amendment as easy as possible, i.e., through minimal constitutional rigidity. The discussion begins by questioning the idea of adopting institutional design as a suitable criterion for rating a judicial review system as "strong" or "weak." Then the alleged relevance of constitutional amendment in the specification of constitutional rights is called into question. Lastly, the paper reaches a double conclusion. On the one hand, minimal constitutional rigidity is not an alternative to prevailing constitutional practice, but a more collaborative version of the same practice; on the other hand, minimal constitutional rigidity only represents a genuine alternative design when it is part of a model ("strong popular sovereignty") aimed at overcoming the current constitutionalist paradigm. [ABSTRACT FROM AUTHOR]

This paper argues that the EU legislative process should be used for taking all decisions at European level that matter, banning the various backroads of European decision‐making (competence creep) that are currently legal but not legitimate. This is a silver bullet, resolving at once a range of seemingly disparate but intimately connected legitimacy problems across all areas of EU activity, that ultimately result from an incorrectly calibrated state of transnational constitutional democracy at EU level, where certain aspects are over‐constitutionalised while others remain fundamentally under‐constitutionalised. This is therefore the key transversal issue that the Conference on the Future of Europe and its ensuing changes should address. The paper makes various concrete proposals to this effect, including for a general legislative competence. [ABSTRACT FROM AUTHOR]

The death and disease burden of non‐communicable diseases falls disproportionately on members of lower socioeconomic groups. This paper explores NCD prevention measures introduced through EU consumer law in order to assess the impact these have had on health inequalities. It demonstrates that these interventions often have limited impact, and therefore maintain inequalities. Indeed, when interventions do work, they tend to be more effective with advantaged citizens than disadvantaged citizens, and therefore increase inequalities. From a behavioural research perspective, this paper demonstrates why these interventions – which focus on regulating the consumer information environment – have failed to reduce health inequalities, and analyses the debate on the extent to which behavioural research should act as a core consideration in public health related consumer policy. The paper concludes that, while regulating consumer information is a useful tool for NCD prevention, if information‐based interventions are to reduce health inequalities the EU will need to incorporate greater insights from the way consumers actually behave. Moreover, there are limitations to policies which regulate information, and therefore the EU should make more use of other tools in its regulatory toolbox. [ABSTRACT FROM AUTHOR]

The war in Ukraine triggered significant changes at the European Union level. The speed at which the EU has achieved progress on sanctions, migration and defense is particularly impressive. But the Russian aggression against Ukraine has also served as a pretext for putting aside internal discussions about the rule of law, and provided additional political rationales for inaction against Member State governments responsible for the violation of European values, as well as triggered the deepening of double standards in several fields. Against this background, the paper argues that using this crisis as a justification for further inaction in the context of EU values is not a sustainable course of action. The Union must not delay further the need to act to halt the insidious erosion of democracy and the rule of law within its own borders both at the national and supranational level. [ABSTRACT FROM AUTHOR]

The rule‐of‐law‐backsliding in some Member States has subverted not only one of the EU fundamental values but also trust among national authorities when implementing European Arrest Warrants (EAW). However, when evaluating the execution of EAWs issued by countries experiencing rule‐of‐law crises, the Court of Justice of the EU (CJEU) sought to preserve judicial cooperation and imposed a rather "top‐down" view on mutual trust among Member States. This approach seemingly disregards the (dis)trust which has emerged in the EU due to rule‐of‐law‐backsliding and fails to acknowledge the psycho‐sociological nature of trust. Drawing on the trust literature, the paper offers novel conceptual elements to rethink mutual trust in the EAW framework. Notably, it critically assesses some of the gaps in the CJEU's interpretation of mutual trust and advances suggestions to embed empirical considerations in the conceptualisation of this principle to bridge the gap between trust in practice and in principle. [ABSTRACT FROM AUTHOR]

Criticism of the EU's social deficit has become more vivid than ever following the socially regressive handling of the 2008–10 financial and debt crisis. In 2010, Fritz Scharpf famously argued that the EU 'cannot be a social market economy' owing to its institutional architecture, legal features, and collective action issues. The COVID‐19 pandemic has nevertheless led to a new agenda combining investment, social concerns, the green transition and more fiscal solidarity. However, a lot remains to be done, it is argued, to bridge the social gap. A three‐pronged model is outlined to conceive of the EU's role in enhancing national, inter‐national and transnational social cohesion. The paper furthermore points to where the EU's action must be intensified to make significant progress on the way to a competitive and social market economy. In many respects, the hard political battles remain to be fought. [ABSTRACT FROM AUTHOR]

Abstract: What is the material context of constitutional order? The purpose of this paper is to offer an answer to that question by sketching a theory of the material constitution. Moving beyond the interwar constitutional theories of Heller and Mortati, the paper outlines the four ordering forces of the material constitution: political unity; a set of institutions; social relations, and fundamental political objectives. These forces constitute the substance and dynamic of constitutional ordering, in internal relation with the formal constitution. Because these ordering forces are multiple, and in tension with one another, there is no single determining factor of constitutional development. Neither is order as such guaranteed. The conflict that characterises the modern human condition might but need not be internalised by the process of constitutional ordering. The theory of the material constitution offers an account of the basic elements of this process as well as its internal dynamic. [ABSTRACT FROM AUTHOR]

Abstract: By reflecting on both the exclusionary and the inclusionary role of humanitarian migration and border management in the Central Mediterranean, this paper explores the relationship of humanitarianism with the delocalization of the EU border and with human rights. First, the paper analyses the role of human rights in the institutional humanitarian discourse about migration and border management at the Mediterranean EU border. The paper then analyses the Italian operation Mare Nostrum and, more generally, Italian humanitarianized border management in the Central Mediterranean. In doing this, it shows that humanitarianism contributes to the discursive legitimation and spatial delocalization of exclusionary policies and practices. Moreover, humanitarianism contributes to a symbolically and legally subordinate inclusion of migrants in the European space. While such humanitarian inclusion can be more inclusive than what human rights would require, it is posited as an act of grace rather than an enhancement of human rights. In both its exclusionary and inclusionary dimension, humanitarianism transcends and expands territorial boundaries by outsourcing responsibilities and enhancing delocalized border management. [ABSTRACT FROM AUTHOR]

Abstract: Although the debates about access to services of general interest have been at the core of the EU territorial cohesion discourse since the late 1990s, the impact of unequal accessibility to living conditions has yet be the subject of close inspection. The paper examines the relationship between the accessibility of services of general interest and demographic and socio‐economic conditions in a specific Czech region. The analysis reveals inter‐municipal disparities and identifies spatially excluded areas. Despite the negative association of insufficient access with education and depopulation characteristics, the results suggest that demographic and socio‐economic development stems from a more complex set of factors. [ABSTRACT FROM AUTHOR]

Abstract: This paper explores the broader setting of urban and economic development that links ports and cities in Europe and aims at enhancing our understanding of the port‐city interface. A relational view is taken for linking local developments and policies with overarching, more remote spheres of influence and impact, which can be considered both beneficial and critical for the port and the city. In order to illustrate the argument, a framework of three issues is applied to discuss the port‐city interface: first, the role of ports as economic engines of their wider region; second, the cruise ship industry as a market segment that re‐connects port and city; third, semi‐political bodies and institutions that play key roles as intermediaries and knowledge brokers. The paper finally discusses the implications of relationality for governing the port‐city interface. [ABSTRACT FROM AUTHOR]

Abstract: The paper measures regional GDP growth losses that a smaller market size caused by the reintroduction of legal and administrative barriers would cause. We model augmented barriers in a Keynesian framework, pointing at four effects: a border effect, stronger for regions close to borders; an exposure effect, stronger for regions open to trade; a centrality effect, affecting areas close to the economic core; a demand concentration effect, stronger for regions close to large trading partners. By estimating border effects with data on EU NUTS 3 regions and simulating a general increase in barriers among EU countries, the four regional effects clearly emerge. [ABSTRACT FROM AUTHOR]

The finding of the paper shows the relative effectiveness of the 'one size fits all' policy of the European Central Bank. The paper provides strong evidence in favor of this by testing whether the monetary policy effects (footprints) found in inflation uncertainty converge to a common level. These footprints are measured as the fraction of the estimated policy-induced reduction in this uncertainty. The testing was conducted by applying a bootstrap-type test in a regression of the rate of growth of these fractions on their initial values, computed for 16 euro area countries. ( JEL C33, E52, E58) [ABSTRACT FROM AUTHOR]

This paper examines the growth rate volatility of European regions' per capita GDP from 1992 to 2008. We measure the regional volatility using a new methodology based on Markov matrices, and investigate its main determinants. Volatility displays a geographical pattern and a significant spatial dependence. Output composition appears one of the main drivers of volatility; among the other determinants we find a negative impact of the size of regional economies and of labour market flexibility, and a positive impact of sectoral concentration, financialization of the economy, and, occasionally, of participation in EMU. [ABSTRACT FROM AUTHOR]

Traditionally, the effectiveness of European Cohesion Policy has been evaluated in terms of GDP growth rate. In this paper, we consider the effect of the regional policy in terms of its impacts on two specific fields of intervention, namely 'research, technological development and innovation', and 'transport infrastructure'. Our econometric approach involves the use of a non-parametric regression discontinuity design technique to a uniquely-disaggregated Cohesion Policy dataset broken down according to the specific objectives of each stream of funding. The analysis considers different time intervals and sub-samples. Our results demonstrate a positive impact of Cohesion Policy interventions in these two specific fields of intervention. [ABSTRACT FROM AUTHOR]

Several EU countries import wood pellets from the south-eastern United States. The imported wood pellets are (co-)fired in power plants with the aim of reducing overall greenhouse gas ( GHG) emissions from electricity and meeting EU renewable energy targets. To assess whether GHG emissions are reduced and on what timescale, we construct the GHG balance of wood-pellet electricity. This GHG balance consists of supply chain and combustion GHG emissions, carbon sequestration during biomass growth and avoided GHG emissions through replacing fossil electricity. We investigate wood pellets from four softwood feedstock types: small roundwood, commercial thinnings, harvest residues and mill residues. Per feedstock, the GHG balance of wood-pellet electricity is compared against those of alternative scenarios. Alternative scenarios are combinations of alternative fates of the feedstock materials, such as in-forest decomposition, or the production of paper or wood panels like oriented strand board ( OSB). Alternative scenario composition depends on feedstock type and local demand for this feedstock. Results indicate that the GHG balance of wood-pellet electricity equals that of alternative scenarios within 0-21 years (the GHG parity time), after which wood-pellet electricity has sustained climate benefits. Parity times increase by a maximum of 12 years when varying key variables (emissions associated with paper and panels, soil carbon increase via feedstock decomposition, wood-pellet electricity supply chain emissions) within maximum plausible ranges. Using commercial thinnings, harvest residues or mill residues as feedstock leads to the shortest GHG parity times (0-6 years) and fastest GHG benefits from wood-pellet electricity. We find shorter GHG parity times than previous studies, for we use a novel approach that differentiates feedstocks and considers alternative scenarios based on (combinations of) alternative feedstock fates, rather than on alternative land uses. This novel approach is relevant for bioenergy derived from low-value feedstocks. [ABSTRACT FROM AUTHOR]

The economic crisis which has affected the southern EU countries since 2008 set in motion new migration trends. In the case of Portugal, post‐crisis migrations have been in two main directions: northwards to more prosperous European countries, and southwards to former colonies in Africa, notably the oil‐producing state of Angola. Focusing on this latter migration, the paper is structured around two main questions. First, which migration‐theoretic frameworks can be deployed to explain this new North–South migration flow? Relevant concepts include the notion of Portugal as "semi‐periphery" within European and global migration systems; the role of post‐colonial theory, especially ideas about "coloniality" and "Lusotropicalism"; and the function of myth and racialised discourse in constructing this as a high‐skilled migration. The second question is more empirical and relates to the descriptive characteristics of the Portuguese migration to Angola and to the experiences of the migrants and their Angolan co‐workers and employers. Key here is a deconstruction of the notion of "skill" in Portuguese migrants' experiences of employment in Angola. The empirical analysis is based on interviews with 45 migrants, their co‐workers and employers, and other key informants. [ABSTRACT FROM AUTHOR]

This paper focuses on Habermas's notion of cosmopolitan democracy. Reconfiguring the basic ideas of democracy in postnational terms is inevitable if social and political integration is to succeed on a supranational level. In exploring Habermas's ideas, we draw on Rancière, whose thought stands in a complex relationship to Habermas. On the one hand, Rancière largely shares Habermas's diagnosis of the present. Both bemoan the erosion of the political caused by post‐democracy and censure the rise of right‐wing extremism in Western societies. On the other hand, and in contrast to Habermas, Rancière holds that these problems should be addressed not primarily by strengthening political institutions and reaching a consensus between conflicting parties, but by rethinking conflict and resistance. We show that Habermas's and Rancière's propositions can be productively brought in dialogue by focusing on the paradigmatic types of political subjectivity involved in their accounts: the citizen (Habermas) and the plebeian (Rancière). [ABSTRACT FROM AUTHOR]

In his seminal 1944 book The Great Transformation, Polanyi describes the rise and fall of liberal capitalism during the long nineteenth century. Many have realised that Polanyi has a lot to tell about the European Union in the aftermath of the financial crisis. The paper begins with an overview of Polanyi's historiography of the failure of nineteenth-century liberal capitalism and his account of the four elements that helped liberal capitalism thrive, while precipitating its collapse-the idea of the self-regulating market, the gold standard, international peace and liberal constitutionalism. Thereafter, the paper describes the particular transformations that these four elements underwent in the course of European integration and after the financial crisis, with a particular focus on the case law of the Court of Justice. The paper argues that their current constellation has a destructive potential that exceeds the economic dimension of the Union and might pave the way for a much greater failure, one that might defeat Europe's greatest success: the establishment of peace. Ultimately, the paper assesses current reform proposals in light of these insights and makes a number of proposals for re-embedding the economy in society. [ABSTRACT FROM AUTHOR]

The paper analyses the determinants of regional disparities in per capita gross domestic product (GDP) and their evolution over time in the enlarged European Union (EU). With reference to the literature it groups EU regions on the basis of three different factors-specialisation, socio-economic features, and innovation. It then analyses regional disparities in per capita GDP (EU-relative and country-relative) across groups over 2004-2011 using both non-parametric tools and traditional regression analysis with spatial effects. The paper finds that EU-wide convergence actually conceals growing divergence across old member regions and within new members. Coming to the factors that lie at the heart of regional disparities, country factors lose importance for newcomers but become more important for older members, notwithstanding longstanding integration. Socio-economic factors and innovation instead become increasingly important for all areas, socio-economic factors lying at the heart of within-country differences and innovation more of those between regions. Finally, specialisation appears to have a lower explanatory power. [ABSTRACT FROM AUTHOR]

In the last year, a central issue in regional economic growth debate has been represented by the empirical analysis of Verdoorn's law related to the long-term dynamic relationship between the rate of growth in output and the productivity growth due to increasing returns. Several papers have tested Verdoorn's law on European countries as well as many other world economies. Recently, attempts have been made to provide foundations for a spatial version of the original law specification. The main contributions were dedicated to the inclusion of spatial dependence in the economic model. Surprisingly, in the literature on Verdoom's law the analysis of the spatial heterogeneity is not often considered. The aim of this paper is the regional analysis of the spatial dependence and heterogeneity in Verdoorn's law, identifying spatial regimes that can be interpreted as clusters of productivity growth in European regions at NUTS 2 level. To pursue this objective, an optimization algorithm for the identification of groups is used. This constitutes a modified version of Simulated Annealing. [ABSTRACT FROM AUTHOR]

Courts and scholars across jurisdictions increasingly identify personal autonomy as the primary rationale for the right to religious freedom. But there are tensions between autonomy on one hand, and religious belief, practice and proselytism on the other. This paper will focus on two tensions which have unappreciated implications for religious freedom jurisprudence, particularly that of the ECHR. The first tension stems from the resistance of some religious beliefs to revision. The second stems from the manipulative nature of some modes of religious proselytism. This paper argues that, given these tensions, the protection currently offered to religious beliefs, practices and proselytism by the right to religious freedom cannot be justified by reference to the value of autonomy. This finding has significant implications for the justification of the right to religious freedom. [ABSTRACT FROM AUTHOR]

Article 18 of the Charter of Fundamental Rights of the European Union enshrines the right to asylum. Nonetheless, despite its 'constitutionalisation' within primary law, asylum remains a far too amorphous right, whose axiological potential has gone virtually unnoticed in the ongoing migratory crisis. The paper will argue that this is partly due to the fact that the Court of Justice on a few occasions has declined to clarify the scope of Article 18. The provision at issue therefore remains a pathological element that requires an adequate diagnosis on which accurate prognoses can be based. In an attempt to diagnose the right to asylum enshrined in Article 18 of the Charter of Fundamental Rights of the EU, this paper will compare different hermeneutical approaches and reflect on the contextualisation of the mentioned provision through the lens of domestic and EU case law and in the light of the recent EU-Turkey Statement. The article will ultimately propose to interpret the EU asylum legislation as instrumental to the effective exercise of the right to asylum. [ABSTRACT FROM AUTHOR]

This article seeks to examine the relationship between EU law and the Italian legal order in light of the recent Italian Constitutional Court (ICC)'s jurisprudence attempting to redefine EU core principles. When fundamental rights are at stake, three assumptions are challenged: the determination of direct effect shall be a prerogative of the ECJ; EU directly effective provisions entail the disapplication of conflicting national law; judges have the discretion to refer preliminary references to the ECJ where a clarification on EU law is needed. The contribution argues that the judicial search for a balance between sovereignty and supranationality is undermined by the ICC's new resistance to the well‐established EU jurisprudence. In that respect, the paper posits that the ICC's activism is the result of an unjustified 'argumentative self‐restraint' of the ECJ vis‐à‐vis the evolution of EU foundational principles. [ABSTRACT FROM AUTHOR]

For a more harmonized application of EPPO Standard PP 1/278 Principles of zonal data production and evaluation, it would be useful to have an agreed list of major uses that can be evaluated at zonal level. This paper proposes a methodology for developing such a list and shows possible results from following such a methodology. It represents the views of the author on an approach which could be considered for inclusion in future EPPO guidance. [ABSTRACT FROM AUTHOR]

A wave of privatisation is unfolding in Europe in the wake of the financial crisis, but it has yet to receive serious scholarly attention. This paper examines the case of Ireland, where an austerity strategy and European Union International Monetary Fund bailout conditionality have given impetus to the transfer of public assets to the private sector. Theoretically, the paper explains the roots of the phenomenon with reference to a reformulated concept of 'accumulation by dispossession' whose usefulness lies in emphasising the politico-economic drivers of privatisation, which have been neglected in the mainstream literature. A typology is presented that argues that accumulation by dispossession manifests itself, in practice, through four main processes: (1) private repossession of assets nationalised during the financial crisis; (2) restructuring of state-owned enterprises; (3) commodification of assets and services hitherto located outside the market; and (4) privatised stimulus through public-private partnerships. The paper's framework should be useful to conceptualise ongoing privatisation processes in other European countries. [ABSTRACT FROM AUTHOR]

This paper focuses on the role played by the Agency for Fundamental Rights in the wake of the euro area crisis. The Agency was created as part of a wider trend towards a broader, more pro-active strategy for the protection of fundamental rights that includes administrative and political rights promotion as a complement to judicial enforcement. In the context of the euro crisis, however, the Agency has not been able to fulfil this role. This paper will analyze the reasons for this missed opportunity, as well as its consequences. It will argue that the sidelining of the Agency in this area is due to the confluence of two factors: on the one hand, the Agency's lack of discretion in setting its own agenda; and, on the other, the predominance of the executive, and resulting resurgence of intergovernmentalism, that have been a feature of post-crisis developments. Ultimately, this paper argues that the sidelining of the Agency in this context is an unfortunate result, given the magnitude of the political debate in this area and the valuable role that the Agency might have played or could still play in informing it. [ABSTRACT FROM AUTHOR]

This paper analyses the determinants of regional economic growth in the European Union adopting a non-parametric approach. Although the local-linear kernel estimator applied does not explicitly take into account the spatial dimension of the data, it is found to be consistent in our context. In addition, the geographically weighted regression turns out to be less efficient. We obtain evidence of a non-linear relationship between regional growth and its determinants in the form of parameter heterogeneity and threshold effects. These non-linearities mainly affect the initial productivity of labour, the human capital endowment and, as a novelty, the level of infrastructures. [ABSTRACT FROM AUTHOR]

At the end of 1990s, Danny Quah devoted several papers to the analysis of polarization and stratification in the convergence processes of economies, creating the image of the 'convergence clubs' and suggesting the importance of studying the distribution dynamics of the macroeconomic variables. As for the labour markets, Overman and Puga (2002) showed that a progressive polarization of unemployment was in fact occurring among the European regions in 1986-1996, causing a phenomenon of cross-border clusterization. Here we propose to analyse the evolution of the unemployment rates of the EU 27 regions in the last two decades assuming that the unemployment rates evolve according to a Gompertz stochastic process. The estimated parameters of the process - intrinsic growth rate, deceleration factor, volatility - represent the evolutionary path of the unemployment rate and allow for estimating the steady state of the process. A cluster analysis is performed on the steady state values of the unemployment rates. The analysis confirms the emergence of several 'convergence clubs' among the European regional labour markets, which are compared to the clusters resulting from the more traditional clusterization on the current unemployment rates. [ABSTRACT FROM AUTHOR]

We suspect that the efficiency of intergovernmental grants is related to the level of fiscal autonomy of the subsidized government. In this paper we construct and estimate a panel data model capturing the role of fiscal federalism on the effectiveness of EU structural actions in enhancing public investment. We use data from the 17 Spanish regions for the period 1993-2007. Results unambiguously support the hypothesis that the effectiveness of the structural funds decreases with larger fiscal autonomy, which could reflect the fact that fiscal decentralization in Spain has been focused to larger taxation autonomy without affecting regional income redistribution. [ABSTRACT FROM AUTHOR]

This paper contributes to a growing body of work on labour market migration to the UK from the new Member States (NMS) of the European Union, particularly the migration of Polish nationals to the UK, drawing attention to the weaknesses of existing data sets which attempt to quantify these migration flows and in particular to map the geographical distribution of migrants. The analysis of Worker Registration Scheme ( WRS) and National Insurance Number ( NINo) allocation data demonstrates that NMS migration has focused on urban and rural locales rather than having a predominantly rural or 'peripheral' area bias. The paper also argues that the discrepancies between WRS and NINo data potentially reveal a 'hidden' geography of self-employment and entrepreneurial activity among NMS migrants which merits further investigation. [ABSTRACT FROM AUTHOR]

The European Commission's open consultations of stakeholders are a central mechanism of the attempt to practice participatory governance at the European level and to open the political process to contributions from the societal sphere. This paper analyses the current practice of open consultations as one important operationalisation of participatory governance and as an implementation of Article 11 of the Treaty of the European Union ( TEU). It asks whether consultations can be a means to give voice to the citizens and to increase the legitimacy of European institutions. The paper presents an empirical analysis of the field of participants in the consultations. A main finding is that business and industry organisations dominate the consultative process while the participation of citizens and not-for-profit organisations is generally weak. The paper explores to which extent the consultations can, considering the empirical findings, be seen as a suitable way for direct or representative citizen participation. [ABSTRACT FROM AUTHOR]

This paper extends the seminal Blanchard and Katz regional labour market model to include interaction effects using a dynamic spatial panel data approach. Three key contributions of this extended model are: ( i) the unrealistic assumption that regions are independent of one another no longer has to be made, ( ii) the magnitude and significance of so-called spillover effects can be empirically assessed, and ( iii) both the temporal and spatial propagation of labour demand shocks can be investigated. Using annual data from 1986-2010 for 112 regions across eight EU countries, both the non-spatial and spatial models are estimated. It is found that the majority of the spillover effects are highly significant. Consistent with economic theory, the impact of a region-specific demand shock is largest in the region where the shock instigates. The shock also propagates to other regions, especially impacting the first and second-order neighbours. [ABSTRACT FROM AUTHOR]

The emergence and development of quality assurance schemes in European countries over the last 15-20 years has inspired many national case studies of the systems and procedures adopted. The methods, contexts, and procedures associated with this policy change are diverse. But although individual countries have set about changing policy in different ways there appear to be some common developmental patterns within the Europe of the Bologna Process. How can these developments be conceptualised? In a first step this paper advances a typology based on the quality assurance literature. In a second step, the paper applies the typology to quality assurance developments in three countries. The third part of the paper discusses the strengths and weaknesses of the modelling approach in the light of the empirical evidence and a political science analysis of policy change. The paper concludes with a discussion on future directions for the comparative study of policy change within the European Higher Education Area on the basis of this conceptualisation of developments in quality assurance policy. [ABSTRACT FROM AUTHOR]

Abstract: Background and aims: Modelling return on investment (ROI) from smoking cessation interventions requires estimates of their costs and benefits. This paper describes a standardized method developed to source both economic costs of tobacco smoking and costs of implementing cessation interventions for a Europe‐wide ROI model [European study on Quantifying Utility of Investment in Protection from Tobacco model (EQUIPTMOD)]. Design: Focused search of administrative and published data. A standardized checklist was developed in order to ensure consistency in methods of data collection. Setting and participants: Adult population (15+ years) in Hungary, Netherlands, Germany, Spain and England. For passive smoking‐related costs, child population (0–15 years) was also included. Measurements: Costs of treating smoking‐attributable diseases; productivity losses due to smoking‐attributable absenteeism; and costs of implementing smoking cessation interventions. Findings: Annual costs (per case) of treating smoking attributable lung cancer were between €5074 (Hungary) and €52 106 (Germany); coronary heart disease between €1521 (Spain) and €3955 (Netherlands); chronic obstructive pulmonary disease between €1280 (England) and €4199 (Spain); stroke between €1829 (Hungary) and €14 880 (Netherlands). Costs (per recipient) of smoking cessation medications were estimated to be: for standard duration of varenicline between €225 (England) and €465 (Hungary); for bupropion between €25 (Hungary) and €220 (Germany). Costs (per recipient) of providing behavioural support were also wide‐ranging: one‐to‐one behavioural support between €34 (Hungary) and €474 (Netherlands); and group‐based behavioural support between €12 (Hungary) and €257 (Germany). The costs (per recipient) of delivering brief physician advice were: €24 (England); €9 (Germany); €4 (Hungary); €33 (Netherlands); and €27 (Spain). Conclusions: Costs of treating smoking‐attributable diseases as well as the costs of implementing smoking cessation interventions vary substantially across Hungary, Netherlands, Germany, Spain and England. Estimates for the costs of these diseases and interventions can contribute to return on investment estimates in support of national or regional policy decisions. [ABSTRACT FROM AUTHOR]

Abstract: This paper engages with the military‐humanitarian technology of migration management from the vantage point of the European Union Naval Force Mediterranean (EUNAVFOR MED) “Operation Sophia”, the naval and air force intervention deployed by the EU in the Central Southern Mediterranean to disrupt “the business model of human smuggling and trafficking” while “protecting life at sea”. We look at the military‐humanitarian mode of migration management that this operation performs from three vantage points: logistics, with a focus on the infrastructure of migrant travels; subjectivity, looking at the migrant profiles this operation works through; and epistemology, building on the mission's first stage of intelligence and data gathering. Through this multi‐focal approach, we illuminate the productivity of this military‐humanitarian approach to the migration crisis in the Mediterranean. [ABSTRACT FROM AUTHOR]

How do advocacy organizations make tactical choices? This paper contributes to theory building in advocacy studies by examining how the decision‐making processes of advocacy organizations are affected by the choices of their peers. Drawing on qualitative interviews with practitioners in two contexts—the European Union and the United States—I document that organizations face pressures toward cohesion and differentiation with the tactical choices of other organizations. Other important processes—such as rational evaluation of political opportunities, resource dependence, and ideological constraint—are also reported to be influential, although these processes are sometimes influenced by relational dynamics. These findings suggest new variables and relationships of interest for future quantitative research and provide insight into the growing complexity of climate politics. [ABSTRACT FROM AUTHOR]

Abstract: This paper evaluates the effectiveness of European Cohesion Policy in the regions of 12 EU countries in the period 1991–2008, on the basis of a spatial growth model, which allows for the identification of both direct and indirect effects of EU funds on GDP per worker growth. We find that “Objective 1” funds are characterized by strong spatial externalities and a positive and concave effect on the growth of GDP per worker, which reaches a peak at the ratio funds/GDP of approximately 3 percent and becomes non‐significant after 4 percent. “Objective 2” and “Cohesion” funds have nonsignificant effects, while all the other funds exert a positive and significant effect, but their size is very limited. EU Cohesion Policy, moreover, appears to have increased its effectiveness over time. In the period 2000–2006 Objective 1 funds are estimated to have a median multiplier equal to 1.52, and to have added 0.37 percent to the GDP per worker growth. Overall, in the period 1991–2008, funds are estimated to have added 1.4 percent to the median annual growth, and to have reduced regional disparities of 8 basis points in terms of the Gini index. [ABSTRACT FROM AUTHOR]

Abstract: Given the increasing use of direct democratic devices on questions of European integration, this paper explores whether or not Member States may have good reason to agree on common regulations for popular votes of this nature. Conceiving of the European Union as a political system designed to serve the interests of states and citizens, it is argued that where direct votes have the potential to undermine the territorial, functional, normative or existential integrity of the EU, then states may have good reason to sacrifice a degree of national autonomy to adopt common regulations for certain uses of direct democracy. This leads to a case for democratic standardization across Member States when it comes to withdrawal, accession, Treaty ratification and opt‐in decisions. [ABSTRACT FROM AUTHOR]

Abstract: The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. [ABSTRACT FROM AUTHOR]

Ulrich Beck characterized the transition from modern to late modern society as a shift from an industrial to a 'risk society.' Contemporary society is challenged by negative side effects ('risks') of modernization, including the increasing and imminent threat of global climate change. This article will test the validity of conceivable prescriptive elements associated with this sociological theory. In doing so, it will focus on the most recent legal developments aimed at tackling climate change within the EU. This paper finds that the precautionary approach is unable to sufficiently shape balanced legal intervention in this day and age. However, the approach adopted by the EU appears to be more successful in this respect. [ABSTRACT FROM AUTHOR]

This paper discusses the Fedon case-law of the European Court of Justice ( Court of Justice), which involved a claim for compensation by Fedon (an Italian producer of eyeglass cases) from the EU for the imposition of World Trade Organization ( WTO)-authorised retaliatory trade barriers by the USA following the failure by the EU to comply with an adverse ruling by the WTO regarding its import regime for bananas. As a result of the EU non-compliance, European banana distributors and some bananas producers benefited from WTO-illegal protection, at the expense of a set of EU exporters, including Fedon, that were hit by US countermeasures. Fedon contested the non-compliance by the EU before the Court of Justice and sought compensation. This paper assesses the ruling of the Court of Justice against Fedon and argues that the Court got it wrong, both in terms of legal principle and as a matter of legal technicalities. [ABSTRACT FROM AUTHOR]

In this paper, I focus on the experiences of female labour migrants, looking particularly at the emigration of married women from a region with a long-established culture of emigration, in the context of the accession of Poland to the European Union. The paper is empirical in its content and is based mainly on emigration stories and narratives recorded in the form of biography or autobiography. I discuss different stages of the migration process - the decision to migrate; the experience of migration (in particular, with reference to its impact on families, both abroad and at home), and also the consequences of migration for Polish society, particularly with reference to family cohesion and changing gender roles. [ABSTRACT FROM AUTHOR]

The principle of proportionality is at the cornerstone of EU law, and precisely of the case-law of the European Court of Justice (ECJ). In the law and economics literature, the general principles of law are commonly opposed to legal rules in terms of efficiency. On the one hand, the legal formalistic approach consists of apprehending the law as principled, whereby principles of law do not and should not encompass an efficiency rationale and should be self-sufficient. On the other hand, the legal nihilism denying the existence or relevance of the general principles of law favours legal rules that are said to incorporate an efficiency rationale. I intend to analyse the efficiency rationale of probably the most important general principles of EU law-the proportionality principle. In this paper, I shall assert that not only does the EU proportionality principle encapsulate an efficiency rationale, but most importantly, it has been interpreted by the ECJ as such-hence, I propose the representation of the principle of proportionality as a principle of economic efficiency. After having introduced the principle of proportionality (1), I shall decipher the proportionality principle both from a law and economics perspective, and from a comparative perspective (2). Then, I shall delve into the jurisprudence of the ECJ so that the judicial reasoning of the Court as this reasoning proves the relevance of the proposed representation (3). Finally, I conclude in light of the findings of this paper (4). [ABSTRACT FROM AUTHOR]

European economic integration with a minimalist social policy at EU level was in part made possible by strong domestic labour market and social welfare institutions. The main contention of this paper is that EU market liberalisation was embedded within institutions of social citizenship at domestic level, which served to counter the liberalisation of the internal market. But this settlement has been put under strain. In addition to the challenges posed to the sustainability of European welfare states by the global economic crisis, the internal market jurisprudence of the Court of Justice casts doubt on the sustainability of the 'embedded liberal bargain'. This paper focuses on the role of the Court, in particular in its jurisprudence on the interaction between (EU) market freedoms and (national) labour law, which undermines the ability of states to retain their regulatory autonomy over labour or social welfare law and, arguably, speeds up the unravelling of the 'embedded liberal bargain'. [ABSTRACT FROM AUTHOR]

The paper analyses the consequences of European integration processes upon the judicial systems of the so-called 'parliamentary sovereignty regimes', focusing on the British and Swedish judiciaries. The aim is to understand if the influences coming from European integration, favouring the expansion of domestic judicial power, have prevailed, or the traditional distrust of such countries in judicial power has prevented the empowerment of the domestic courts. The influences on the judicial systems are evaluated distinguishing judicial capacity, judicial attitudes and judicial independence. The paper argues that the political relevance of judges has strongly increased. However, while European integration has deeply transformed the formal means at disposal of judges, because of political and judicial culture the changes in actual judges' behaviour have been much more limited. Moreover, the paper highlights some unexpected ways in which European integration can affect the domestic political systems (eg favouring certain legislative reforms or legal principles). [ABSTRACT FROM AUTHOR]

Although, with the coming into force of the Lisbon Treaty, two provisions of EU primary law now refer to 'minorities,' there are no explicit EU competences and policies to promote the rights of minority groups in education. Nevertheless, EU law has a strong potential to impact the educational rights of linguistic minorities in Member States. To evaluate the right to access education, with an emphasis on the needs of minorities to preserve their identity, this paper first discusses the EU's relevant competences in education (Part II) and then in languages (Part III). Based on the analysis of relevant EU provisions, the paper concludes that EU law is unlikely to offer meaningful protection to linguistic minorities without explicitly endorsing their educational rights. However, to do so, the EU needs a stronger competence in education and minority rights. [ABSTRACT FROM AUTHOR]

This paper seeks to make a contribution to the study of personhood in EU free movement law by linking a historical and doctrinal analysis with the internal transformation of the homo economicus in economic liberalism. It is argued that a shift can be observed in the government of mobility from 'freeing up' the ability of the worker as a relatively passive subject tied to external economic mechanisms to the targeting of the individual him/herself as a responsible, active bearer of economic capability or 'human capital', whereby past socio-economic conduct and prospective economic activity serve as the thresholds for the entitlement to rights. The essence of the 'new' homo economicus of EU free movement law is situated at the intersection of the social and economic, serving as a rational frame for the government of the European mover on the basis of a mutual responsibility between the Union citizen and his/her host Member State towards social and economic activity, self-sufficiency and integration. [ABSTRACT FROM AUTHOR]