European Union

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Source : © European Union, 2023 - EP

When conducting empirical research in EU law and governance, researchers might often feel like they’re taking on the role of a detective or an investigative journalist. It all starts with an idea that becomes a workable puzzle, you gather data and compose it to tell a story, with the overall aim to uncover information and create knowledge about something. Oftentimes, unexpected information reveals itself along the way that might challenge the initial assumptions of the research. Some odd times, one starts from a surprising observation or a snippet of knowledge that hints towards a larger issue. Other times, the researcher will discover a new source of data while conducting an analysis. In studying the EU, a ‘creature’ that is already complex and sometimes unpredictable in its own ways, these twists-and-turns of the research process can unearth new insights that were often not part of the plan. How can we use these unforeseen developments along the research process to enrich our approach?

One potential answer to this question is quite straightforward: embrace them. Generally, research designs in this field, particularly stemming from the discipline of political science, follow a deductive approach – i.e., begin with a concept or theory that is used as a guiding point to investigate a given phenomenon. Embracing the unexpected in research, or even depending on it, calls for somewhat of a different approach. Specifically, this post proposes the introduction of investigative methods, in the methodological toolbox of studying political and legal (dis)integration in the Union.

Investigative methods, generally speaking, belong to the family of exploratory research methods and carry a number of unique characteristics. These mainly revolve around the presence of flexibility and adaptability at different stages of the research process. For instance, this approach proposes a structured starting point for the research process which, though informed by previous research, remains malleable and open to adaptation based on new ideas or new data. In practice, this can look like finding a ‘clue’ about the phenomenon at hand and using it as an ‘opening move’ or impetus for research.

For instance, in my own research on the process of creating EU soft law by the European Commission, a first clue was the fact that nobody seems to know how these instruments are made. Now this initial observation kicks off a myriad of other questions: why is that the case? Can this be attributed to the informal character of the instruments? Is it because it is difficult to find out? Is this a sign of fragmentation in the Commission’s internal procedures? This can then be used as separate avenues of investigation, all of which can inform our initial observation. Certainly, some will be more informative than others, but  that cannot be known in advance.

One of the more central aspects of this approach relates to its unique strategy of data collection. When using investigative methods, sources of data – data sets, data samples, interviewee lists, etc. – are not fixed for the duration of a given project. Instead, the researcher starts with the most promising avenue of data collection and acts as a detective; changing the composition and ordering of their data in accordance to new evidence or analytical ideas. This allows the researcher to ‘follow the trail’ and find answers to the central puzzle by exploring new angles, employing different perspectives from different disciplines or fields of study, and adapting their research strategy without being constrained by rigid conceptual frameworks and without forfeiting methodological rigour.

This is not entirely unfamiliar in the EU studies field. Elements of this approach are often used in empirical data collection, usually taking the form of ‘snowballing’ relating to, for example, the recruitment of interview participants or survey respondents. Still, the incorporation of investigative methods in the study of EU law goes much further and deeper, and primarily speaks to the overall design and epistemological approach of the research. It is the unique modelling and mapping of processes – e.g. administrative or policy processes – that investigative methods propose that enable us to gain a deeper and more comprehensive understanding of processes which would otherwise be inaccessible. That being said, so far investigative methods are primarily used in disciplines as psychology or sociology and have not been utilised in the study of the EU as a holistic approach.

Still, for legal scholars who work with empirical research, this approach and this process might sound familiar. It is very often the case that, when embarking on empirical legal research in EU matters, researchers find themselves in front of a sea of information with a simple question: where do I even start? This question is often followed up with trying to identify what is and isn’t there – are there relevant cases to my research problem? Have the concerned institutions made any statements about it? Is there someone I can talk to to find out more? This very exploration of what is and what is not available is part of the research and can be a finding within itself. Most importantly, this initial process of ‘figuring out’ potential avenues of data collection and inquiry sets the ‘investigation’ in motion. The flip side of this accidental familiarity of empirical legal scholars with investigative methods is that, by and large, legal studies are considered to be – sometimes unfairly – lacking in methodological rigour, primarily because it does not follow the stricter political science models of ‘theory-testing’ deductive models. Are these models the be-all and end-all of credible EU studies research? That is a discussion far more nuanced than the scope of this blog post. Still, I argue that there is significant merit in stepping away from predefined models and opening up the process of creating knowledge through research.

The point of this reflection is to propose investigative methods as an exceptionally useful tool in studying administrative and policy processes in the Union, both from disciplinary and interdisciplinary perspectives. Such an approach is particularly useful in areas of regulation that are characterised by high informality, high techno-scientific complexity, or are generally high-paced – which are notoriously difficult to study due, partly, to the large quantity of data sources and research avenues, or research blind-spots. In this sense, this methodological approach, when applied in the study of EU law and governance can help empirical scholarship ‘keep up’ with legal and administrative developments or uncover complex formal or informal mechanisms that make EU law work in practice.

Still, with all that in mind, there is an important point to be made here regarding the limitations to creativity and exploration in research imposed by the very structures of academia – surely, tight deadlines, funding, and output expectations do hinder the process. This is the reality of the field in broader EU studies and every other discipline. Perhaps, this is an issue for further reflection.

In short, by placing a specific emphasis on exploration, description, adaptation, and explanation, investigative methods can open up an avenue of understanding the more ‘nitty-gritty’ aspects of EU law and governance in a way that other research methods cannot. This post offers a methodological reflection on how investigative methods can enhance the methodological toolbox of studying EU law and help us better understand the ever-changing nature of law in the Union. The point here is simple: embrace creativity in research and embrace the unforeseen.

An example of the application of this method can be found in Petropoulou Ionescu, D., & Eliantonio, M. (2022). Soft Law Behind the Scenes: Transparency, Participation and the European Union’s Soft Law Making Process in the Field of Climate Change. European Journal of Risk Regulation, 1-21. doi:10.1017/err.2022.31 available here.

The post ‘Following the Trail’: Reflections on Investigative Methods in the Study of EU Law appeared first on Ideas on Europe.

On 20 March, SEDE and ITRE Members will consider amendments to the proposal on the Joint Defence Procurement instrument, known as "EDIRPA". By incentivising Member States to procure defence products jointly, the instrument will facilitate the procurement of the most urgent and critical defence capability gaps whilst also strengthening the European defence industrial base.
Two in camera debates will also take place with SEDE Members on the same day: the Holistic Strategic Review of CSDP support to Somalia and a debrief on the outcome of the Informal Meeting of European Defence Ministers that took place on 7-8 March in Stockholm.
Meeting agenda and document
Live streaming
EU Fact Sheets: Security and defence
Source : © European Union, 2023 - EP

Nilde Iotti

For our weekly ‘Ideas on Europe’ editorial by UACES, the University Association for European Studies, we have the pleasure to welcome again Dr Simona Guerra, from the University of Surrey, in the UK. Bonjour, Simona! Listen to the podcast on eu!radio.

 

 

Every once in a while, you tell us the untold story of ‘the early women of European integration’. And today, you are back with another fascinating profile, after the portrait of Käte Strobel you gave us last November.

Glad to be back! And guess what: I have recently won a research grant, named CAROLINE, which stands for ‘Creating A netwoRk On femaLe pIoNEers’ of European integration.

 

Congratulations!

Thank you! For my second profile, I am choosing Nilde Iotti. Nilde is actually short for ’Leonilde’. She is a well-known political figure in Italian political history and she left an imprint on Europe, too.

She’s impressive! She lost her father as a young woman but won a scholarship and graduated in philosophy when she was just 23. Two years later, in 1945, she was appointed regional secretary of the Union of Italian Women, after having joined this labour movement since she was 18.

When women gained the right to vote, in 1946, she was elected municipal councilor, and was appointed member of the Italian Communist Party assembly. In the same year, still only 26 years old, she entered the Italian Parliament among 21 women deputies, who presented themselves holding each other’s hands. It is in 1969 that she joined the still very young European Parliament.

 

Tell us about the initiatives she engaged in.

She was a member of the Working Group on European Parliament Direct Elections, but also of the Conference of Presidents, where she promoted the creation of an annual Conference of Parliamentary Commissions, dealing with European affairs, now recognized as the COSAC by the European Treaties.

Research tends to stress the role of women on promoting EU’s women policies. But the case of Nilde Iotti shows the active political agency of those ‘early women’ for European democracy. As Mechthild Roos has explained – I think you know her well – it is in the everyday policymaking and in the formal and informal procedures that we can better understand the work of individual deputies, emerging party groups, committees, and the European Parliament as a whole.

 

Where do you find all your historical data?

The European Parliament Research Archive offers online access to about 850,000 documents. I have consulted the ones relevant to my research, 43,516 documents, with a focus on the 1950s and 1960s, published in French, and the documents of the committee meetings allowed me to appreciate in detail the role of Nilde Iotti, who worked hard for the Parliament to gain influence, representation, and transparency.

In October 1969, she considered ‘absurd’ that the Parliament was not devoting any debate ‘on the proposed conference on security in Europe.’ To her, it was necessary to bridge ‘the gap which divides today’s Europe and prepare one of the essential acts of a policy of coexistence in Europe and worldwide.’ She wanted the Parliament to leave its ‘spectator’ dimension. Let me quote her again:

‘Do we want to accept forever that Europe is divided into two opposing opposed military blocks, and that, within these two, we see the persisting fatal consequences of the implacable logic of the bloc regime?’

And she added:

‘Dear Colleagues, if we want to be Europeans, we must take part in the events of history and European culture, we cannot continue to be absent; the place we occupy and the authority we are exercising are as strong as the measure of our participation in the major European political debates.’

That’s very pro-European for a woman from the radical left!

That’s right. Nilde Iotti pursued an idea of a Europe that was more international, and coherent with her idea of democracy. She was supporting integration beyond the economic solidarity and cooperation, towards civic and social integration.

In 1971, at a meeting of her party, she presented a work on ‘National sovereignty and European institutions’, explaining how to develop cultural, institutional, and political integration. In her 1979 inaugural speech as President of the Lower House in Italy, she stressed the ‘exceptional’ qualitative advancement of democracy at the European level with the first direct elections of the Parliament. And throughout her career, in Brussels and in Rome, she promoted a special Committee on European policies and democracy, until she left politics in 1992, after a political career of fifty years.

 

What a life! And I am sure you could not even cover everything. Thank you so much, Simona, for sharing your findings with us. I recall you are Senior Lecturer at the University of Surrey, in England. A slightly extended version of the text was simultaneously published on the LSE blog: https://blogs.lse.ac.uk/europpblog/2023/03/08/nilde-iotti-and-european-democracy/ Interview by Rune Mahieu.

The post Nilde Iotti, European Among Eurosceptics appeared first on Ideas on Europe.

Source : © European Union, 2023 - EP

By Elena Zacharenko

 

In April 2022, the European Commission (EC) declared that it plans to attract more labour migrants to the European Union (EU). This is a response to the challenges posed by the demographic ageing of the EU, as people are living longer and having fewer children. Those who had traditionally taken care of the elderly – their female relatives – are increasingly unable to do so due to employment obligations. Labour migration is thus seen as a solution to address the care needs of the growing numbers of elderly people – one which is already heavily relied upon by several Western European states. Countries such as Germany, Austria and Italy are popular destinations for female migrant care workers, benefitting from migrants’ willingness to work in this demanding and often underpaid sector due to the relative weakness of the economy in their countries of origin (usually to the East and South of the EU or outside of it). While the European Care Strategy, launched in September 2022, makes high level declarations on the importance of care, dedicated and adequate funding for its greater provision and the decent remuneration of care workers is still missing. As such, the solution proposed by the EC risks deepening existing patterns of care drain from poorer to richer countries in the EU and in its neighbourhood.

 

From personal issue to policy concern

In September 2022, the European Commission released the European Care Strategy, which for the first time contains direct policy provisions on long-term care, the type of care required by many elderly or disabled individuals. Until then, the most explicit mentions to the right to receive and provide care were made under the 2017 European Pillar of Social Rights and the 2019 Work-Life Balance Directive. The adoption of the European Care Strategy and the prominence of long-term care within it is the result of a rapidly rising awareness among EU policy makers on the policy implications of the aging of European societies, the shrinking of the workforce, and the rising numbers of individuals in need of care. The demographic ageing of the EU’s population, coupled with the deepening crisis of care as more women are joining the labour market and unable to look after their elderly relatives as they once had, have become impossible to ignore in the wake of the Covid-19 pandemic.

Ageing and demographic change emerged on the EU policy agenda as a standalone topic in 1999, when the European Commission published a Communication ‘Towards a Europe for all ages’. At that point, providing care to the elderly was seen as the responsibility of families, with the state expected to step in only as a last resort. With the introduction of the Social Investment Package (2013) came the recognition that care provision, including that which is unpaid or performed by family members, comes at a cost to state budgets in the shape of lost tax revenue and social security payments. EU policy began to call on states to support individuals in taking up caring obligations and waged work simultaneously. Finally, the Covid-19 pandemic prompted the release of the European Care Strategy which presents care as important to the economy and urges states to make it available to all who need it. However, this increased attention has not translated into binding policy or financial commitments.

 

Women responsibility, migrants’ work?

The increased attention to demographic ageing on the EU policy agenda does not unequivocally resolve one of the central challenges related to the socially necessary labour of care: who should provide it? As mentioned above, initially, this was not considered an issue for debate by EU policy makers but rather a personal or family decision. In practice, this meant that the responsibility for care of elderly family members usually fell to women. However, as EU employment policy increasingly encouraged women to enter the labour market, their care responsibilities began to be seen as an obstacle to labour market participation. To on the one hand ‘liberate’ women from care and domestic tasks and thus facilitate their take up of waged work, and on the other, to provide employment to low-skilled women and other under-employed groups, EU policy began to promote the development of a personal and household services sector.

This policy promoted the commercialisation of care provision. As women were expected to take up waged work, often moving away from their elderly relatives to do so, and as state services were curtailed as a result of austerity measures, markets became increasingly relied upon for elder care. The resulting competition in the field led to demands for cost reduction which in turn drove up a demand for migrant care workers. Many of these labour migrants came from Central and Eastern Europe (CEE) and became indispensable to the operations of elder care systems in Western Europe. This was possible due to the CEE region’s geographic proximity, the lower wages, worse working and living conditions present within it as well as its inclusion into the EU’s single market, with its central principle of the freedom of movement. While migrant care labour plugs the gap in care present in wealthier countries, with cheap labour effectively subsidising underfunded social systems, it creates a care, youth and brain drain in the migrants’ countries of origin and can amount to social dumping.

Awareness of a growing dependence on the labour of CEE and other migrants existed in policy-making circles in Brussels thanks to the work of trade unions and activists. This resulted in a debate within EU policy-making circles in the 2000s and 2010s. Initially, the European Commission portrayed using migrant care labour to meet the growing demand for long-term care as a cost-efficient way to address care needs, while the European Parliament stressed the inherent inequalities in wealth between origin and destination countries and highlighted the risks of social dumping. As time went on, however, and the gap between the needs of care recipients and availability of care grew wider, the European Parliament aligned its position with that of the Commission. This has led to the current utilitarian approach to migrant care labour in EU policy, which presents labour migration as simply one of a repertoire of measures to boost the EU’s elder care workforce. Indeed, the European Commission’s 2022 communication on migration, ‘Attracting skills and talent to the EU’ states that increasing labour migration from outside of the EU will be crucial to meeting labour demands within the long-term care sector. Effectively, the discussion on the negative consequences of relying on migrant care labour has been silenced in EU policy.

 

What does the future hold for elder care in the EU?

Concerns over demographic ageing and the impact of the Covid-19 pandemic have turned EU policy makers’ attention towards the growing demand for long-term care. However, overarching concerns focusing on productivity and GDP growth continue to prevail. In view of demographic ageing, increasing elder care needs, the continuing push for women to enter the formal labour market, as well as the forward-looking nature of both the European Care Strategy and the communication on migration, it seems likely that the reliance on migrant care labour in the EU will steadily increase. The outcome of this utilitarian approach to migrant care labour is likely to be the displacement of the Western European care deficit to poorer EU member states, as well as beyond the bloc’s borders.

 

 

Elena Zacharenko is a doctoral researcher at the Department of Gender Studies of Tampere University, Finland. Her research focuses on the framing of care and social reproduction in EU economic, social and gender equality policy, and how this shapes the political economy of and core-periphery relations within the EU.

Twitter: Author @elenazzzz; Department of Gender Studies, Tampere University @UTAGender; Tampere University @TampereUni

Academic profile.

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SCHUFA Holding and Others (Scoring)
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Advocate General Pikamäe: the automated establishment of a probability concerning the ability of a person to service a loan constitutes profiling under the GDPR

Colt Technology Services and Others
Telecommunications operators may be obliged to provide, upon request from a judicial authority, communication interception operations in return for a fixed rate

Commission v Bulgaria (Double manquement - Pollution par les PM10)
Law governing the institutions
The Commission’s first action for a twofold failure to fulfil obligations in relation to air pollution is inadmissible

Towercast
Competition

The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension

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