Most non-Austrian react with bewilderment when they take note of the forthcoming Austrian elections on 15 October: elections, now? Have they not just voted?
Indeed. On 4 December 2016 Austria had to re-run its presidential elections, with the quasi-Green candidate Alexander van der Bellen winning by a really small margin of 50.3% against Norbert Hofer, the candidate of the (very) right-wing FPÖ. Even though presidents play a marginal role in everyday Austrian politics, this battle of ideas attracted much international attention.
What is happening next Sunday, 15 October 2017, is actually more important. Early elections for parliament have been scheduled, and they are very likely to follow the trend towards the right, which was visible in the recent German elections.
Why early elections?
Sebastian Kurz
In May 2017, the governmental coalition of Social Democrats (SPÖ) and the Conservative Party (ÖVP) decided to support the request submitted by the opposition in parliament and call for early elections. At this point, not much love was left between the two coalition partners, after months of conflict and open disagreement. The resignation of the ÖVP party chair and Vice-Chancellor Reinhard Mitterlehner gave the last push for the break-up of the coalition, undermined by internal fights within both parties. The ÖVP begged their young and successful foreign minister Sebastian Kurz, boosted by incredible approval rates in opinion polls, to take over the role as party chair. Kurz gracefully accepted, but only under his own conditions, such as full autonomy in staff matters and running under the label ‘List of Sebastian Kurz – the new ÖVP’ (instead of simply “ÖVP”).
No more grand coalition!
Results of Austrian parliamentary elections.
That is the main tenor of the current political discourse. Citizens are fed up with the idea of yet another boring, fighting, stagnating Grand Coalition of the two major traditional parties. What in September 2013 had seemed like the lesser evil – as compared to another FPÖ participation in government after the one in 1999 which had raised so many eyebrows and even sanctions within the EU), turned into a permanent bickering between two government parties openly fighting each other’s policies over the past year. Not ideal for realizing the objective of winning back citizens’ trust, after the 2013 results had already been the worst ever for both SPÖ and ÖVP in the Second Republic.
Not to mention the scandals!
The dirtiest election campaign in Austrian history!
Scandals are the second main issue currently associated with the election campaign. To everybody’s surprise, it is not the usual suspect (the far-right FPÖ) that breaches with acceptable practices, but the big coalition parties SPÖ and ÖVP! All throughout the campaign, they have been navigating from one scandalous ‘Breaking News’ to the next. The tip of the iceberg is the ‘facebook scandal’ that transpired within the SPÖ last week: a few weeks ago the SPÖ campaign advisor Tal Silberstein (an Israeli consultant) was fired due to allegations of money laundering. When journalists started investigating Silberstein´s practices, they discovered dirty campaigning on social media on an unimagined scale. Silberstein had set-up a whole office (interestingly enough staffed with collaborators close to the conservative party) that ran two facebook groups apparently in support of the ÖVP rival Kurz, but then discrediting the ÖVP party leader with disdainful, personal attacks. The SPÖ election campaign manager resigned immediately, although the SPÖ leadership is still claiming that they were not informed about those practices. The question remains how much SPÖ party leader and Chancellor Kern knew about these practices. And the general conclusion is that even if he did not know, it was his job to know (especially if he wants to lead this country).
Other, smaller scandals shake the political establishment on a daily basis: how come the ÖVP has been using campaign slogans that had been initially developed but not publicized by the SPÖ? At the same time, the Greens’ prospects have been damaged by internal quarrels, which had one of their longest-serving members, Peter Pilz, leave the party to create his own list in opposition to Green party leaders.
Clarification of positions
The one positive side effect of the 2017 election campaign is that parties are forced to be clear on their main policy priorities.
SPÖ Chancellor Kern, stemming from the business-section of the Social Democrats, is considered a calm, well-respected and experienced intellectual. During the last year, the SPÖ was tempted internally to consider a coalition with the FPÖ, but Kern and his team managed to re-focus it on its core topic: sustainable state institutions that ensure a just, fair and protective society through state intervention. Just how this is a shift from what the SPÖ government was supposed to be doing over the last years, is less clear, although some observers point out that the SPÖ became more edgy in pursuing social-democratic economic policies lately.
Sebastian Kurz and his ‘new’ ÖVP, on the other hand, are pushing the idea of breaking up old state and party structures to bring in a ‘new social justice’. The latter is defined by enabling hard-working Austrians to be able to make a living for themselves; by getting rid of too much regulation and state intervention; and mostly by cutting off ‘benefits parasites’ (and foreigners) from state support. Kurz is slightly less eloquent in providing details of how exactly he would achieve his declared goals. In the latest TV debates he resorted to bashing European politics and other European leaders´ decisions (read: Merkel´s refugee policy) for their negative impact on Austria, instead of providing clear policy strategies himself.
FPÖ campaign poster
The FPÖ and their party leader Heinz-Christian Strache have one clear priority: Austria for Austrians (translation: kick migrants out of Austria!). Strache keeps attacking Kurz for not having reacted more decisively in closing Austrian borders during the Syrian refugee crisis, while for the rest the two-party leaders showed so much unity in the TV debates that many observers already refer to the ‘Chancellor and his Vice-Chancellor to be’.
In the current political climate, marked by a clear shift of the main parties towards the right, the Greens are the last party on the left of the political spectrum. In economic, societal and European topics they stand for clear left-wing positions, and they are the only party that has climate change and environmental impact high on their agenda. The economic-liberal NEOS still confuse voters with the variety of their positions, but they earned some respect for having many experienced entrepreneurs in their ranks. And they got the presidential candidate and respected lawyer Irmgard Griess on their party list, which provided them with visibility.
So, what are the expectations?
Latest polls. Source : www.profil.at
The latest polls confirm the trends of the last years: the ÖVP is expected to get a boost by its charismatic young party leader. Sebastian Kurz is appreciated by many Austrians for his youth, his image as everybody’s perfect ‘son-in-law’, and his promise for change (even though most people do not seem to care or realize that the promised change is likely not to be in their favour). The ÖVP thus clearly leads the polls. What is unclear at the moment, is who will come second: will the FPÖ manage to overtake the SPÖ?
What the polls show quite clearly, though, is that there will be a very meager amount of coalition options available: the visible disdain that emerged between Kurz and Kern in the past months makes a revival of the Grand Coalition impossible. For the ÖVP, Kern would have to step down for the SPÖ to even being considered a potential partner. More likely is a coalition ÖVP-FPÖ, although this will also depend on whom the president (one of his rare powers!) will mandate with forming a government.
The expected center-right victory at these parliamentary elections will not come as a surprise. Like in Germany, the Social Democrats have lost profile by participating in the Grand Coalition. Like in Germany, the political discourse has been continuously shifting towards the right over recent years: the moderate right takes ever tougher positions on migration issues, and the Social Democrats sometimes follow suit in fear of alienating too many worried voters.
The SPÖ is only just starting to pull back to the left, but with the considerably weakened Greens left as only partners, a center-left coalition is simply not realistic this time around.
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Que Anh Dang
Panel chair Sarah Glück
These are some overarching questions addressed by the panel ‘Research Executive Agencies – between Independent Organisations and Governments’ organised by Lisa Kressin and Sarah Glück in the Section on the Politics of Higher Education, Research and Innovation at the European Consortium for Political Research ECPR General Conference 6-9 September in Oslo. The papers in this panel examine the historical trajectories, discursive contexts in the institutionalisation processes and the actual workings of the research funding executive agencies in Germany, Austria, the Nordic region and the European Union.
National Contexts: Agencification and Autonomy
In some German-speaking national contexts, there is a practice of agencification in which the principals (ministries) play the role of defining political strategies, framework and rules, and let the agents (the executive agencies) be in charge of implementation processes and manage public research funds on the government’s behalf. Rupert Pichler and Sascha Ruhland, in their paper titled ‘The role of research funding agencies in policy discretion and coordination in Austria’, examined multiple funding agencies and focus on the case of the Austrian Research Promotion Agency (FFG) – a merger of several fragmented funding organisations. FFG has a legal form of a limited company and has the mandates to serve many ministries, provincial governments and the EU. They argued that the very nature of multi-principal and multi-sector agency has put FFG in a position to propose strategic plans that are to be approved by the various ministries. Sometimes the inter-ministerial negotiations are outsourced to FFG. In essence, the principals are coordinated by the agent rather than being in the driver’s seat, thus blurring the boundaries between principal’s and agent’s tasks and roles. They concluded that although principals and agents are deeply entangled, there are always ‘lasting tensions’ oscillating between agency capture and government interference. Therefore, the principal-agent relationship is constantly adjusted.
Regional Contexts: Changing Governance Architecture
Que Anh Dang presented the paper ‘Nordic Umbrella Organisations for Higher Education and Research: Region-building and Market-making’ and highlighted the case of the Nordic research funding executive agency – NordForsk. Although NordForsk was established in 2005 in the aftermath of the Lisbon Strategy with a competitiveness boosting agenda, it was rooted in the long-standing Nordic regional cooperation in many sectors. NordForsk is ‘old wine in a new bottle’ and it represents a continuation of previous regional initiatives and the Nordic informal and pragmatic approach to cooperation. However, NordForsk has constituted new spaces for policy making which alter regional governance pattern. She argued that, in the Nordic case, these new spaces are not located above the state, rather, regional frontiers are created within the national policy-making apparatus including its political institutions. NordForsk is not about the emergence, consolidation or sustainability of the supranational authority but about the rescaling of governance and pubic authority to regional spaces – a politics of regionalism that is simultaneously regional and national. The legitimacy of intermediary agencies, like NordForsk, is secured through various forms of accountability. Such accountability is ensured by ‘accountability communities’- a complex ensemble of public and private organisations endowed with capacities to perform legislative, monitoring and compliance activities. Que Anh concluded that these communities also possess particular understandings of accountability (soft law of standards and codes) and provide the basis for new ways of region-building and market-making.
Que Anh Dang. Photo credits: Thomas König
Inga Ulnicane presented her research on Grand societal challenges asking if challenge-orientation represents a new policy paradigm in science, technology and innovation policy. She compared recent challenge-orientation with earlier mission-oriented science, technology and innovation policies and discussed a number of policy initiatives to address societal challenges launched by NordForsk, European Union and Sweden’s innovation agency Vinnova.
Thomas König, one of the panellists, launched his new book ‘The European Research Council’ (ERC) during the conference. This book is a comprehensive research into the creation and development of the ERC. With an ethnographic method, Thomas gives a detailed account of how a group of strong-minded European scientists succeeded in establishing the ERC by pushing for a single goal: more money for scientific research with fewer strings attached. The book also critically analyses the achievements and challenges faced by the ERC and engages with a broader question concerning the relationships between politics, science and public money.
Some Reflections
Presentations in this panel prompted some reflections and ideas for further empirical studies:
- The classical principal-agent theory is deficient in explaining the complex relationships between the research funding executive agencies and their founders and funders (be it national or regional bodies). We need new theories and novel ways of understanding the power relations between the principals (ministries, group of states, supranational union) and the agents (intermediary agencies);
- Although the agents derive their authority from their expertise, they have to constantly negotiate and secure their legitimacy and autonomy in various ways and with a range of actors including the principals, academic communities, the society and the wider public (tax-payers);
- Neoliberalism constitutes the hegemonic economic discourse within science and innovation which introduces a new mode of regulation premised on the belief that competition – in the name of ‘Excellence’– is the most efficient and a morally superior mechanism for allocating resources and opportunities. The workings of all these agencies are governed, albeit at varying degrees, by this economic discourse and its accompanied contractual relations;
- The research funding executive agencies take on multiple identities depending on which actors they interact with. Despite their motto to uphold academic freedom and support investigator-driven research, they often act as translators and mediators between politics, science and administration.
In summary, the panel provides deep insights into concrete case studies and offers new ways of understanding intermediary agencies and the implications for research policies in the complex governance structures in Europe. We wish to exchange ideas and learn from more case studies in other national and regional contexts to broaden our scholarship.
Dr. Que Anh Dang is a researcher at the German Institute of Global and Area Studies, Hamburg. Her research interests include higher education and regionalism, the role of international organisations in policy making, higher education in the knowledge economy, and education diplomacy. She is a co-editor and an author of the book ‘Global Regionalisms and Higher Education’ (2016).
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I’ve talked before about how negotiation theory might throw some light on the Article 50 process, but it seems useful to return to the subject, given the continuing difficulties that the sides are encountering: might the literature offer some insights?
Today, it’s Zartman who springs to mind. He writes on the conflict management side of negotiation, which might appear to be a bit heavy-handed for this situation, but his analysis of the basic mechanics is one that I (and my students) offer find helpful in more mundane situations.
Zartman argues that negotiation is about the resolution of structural differences between negotiating parties and his big thing is about reducing differences: the more you can close the gap between parties, the more likely you are to find space for a mutually-acceptable agreement.
He suggests there are four ways that differences get reduced; two softer options, and two harder ones, with each pair being the opposite of each other.
The soft pair is about making options look more or less attractive. You might suggest that taking a particular option will produce benefits, or that taking another will come with costs.
The hard pair finds parties arguing that they either have to take an option, or it is impossible to take it, because their hands are tied in some way.
The soft pair is ubiquitous in politics and in Brexit: everyone’s telling us how option X will lead to sunlight uplands or the end of civilisation as we know it, so I don’t care to revisit all of these.
But what we’re seeing in recent weeks is more of the hard option, on both sides.
For the EU, there has always been some element of this, from the insistence that Article 50 is the only legal framework for departure negotiations, to the Commission explaining that its mandate doesn’t let it talk about transition before sufficient progress has been made on Phase I issues.
For the UK, the original hard position – Brexit has to mean leaving the EU – has faded over time, but now it creeps back into discussion.
This was most vividly seen in this week’s mixed messages on a no-deal scenario. First, Philip Hammond told the Select Committee that there was no money yet for such a situation, before his boss popped up in PMQs to say that there was money already committed.
What seems to have passed most media comment on the spat of the day by is that both of them were essentially working towards a position of making no-deal ever less of an option, through incapacity.
Money is obviously important here, but more important is how that money is used. In a no-deal scenario, there will be an immediate requirement for substantial increases in border controls for customs, much regulatory uncertainty and a wealth of other impacts (see this for an overview).
None of those gaps can be closed immediately: to take the most obvious example, if customs controls are needed, then land has to be secured, built upon, and staffed by people you’ve trained.
As of the moment, none of the necessary procurement activity for this to happen has begun, and even on the most ambitious timetable that would take 18 months to do, which is about now.
Thus while May might seem to be taking a more conciliatory line with her party’s hardliners, she actually looks to be providing cover to a push on working towards a deal, since if the UK is simply incapable of policing a non-deal, then that might encourage domestic opinion to accept the need for a deal.
But this incident also raises another perspective that ties back to Zartman’s model, namely May’s seeming unwillingness to reduce alternatives at all.
May remains a very elusive figure, refusing to tie herself down to any one option; or, more accurately, tying herself to many, simultaneously-inconsistent options.
As has been widely discussed, her apparent lack of a desired end-state makes it almost impossible to reach any kind of agreement in Article 50: you can’t negotiate with someone who doesn’t know what they want.
Perhaps the best way to understand this is to see May’s position as one where she’s running two sets of negotiation at the same time: one with the EU and one with her party.
While Article 50 points to a need for a strategic objective from the UK, party management points to a need to keep options open (or at least fudged) so that she isn’t removed from office or defeated in the Commons.
Seen in this light, May’s actions make more sense, as she tries to engineer faits accomplis in Article 50 while arguing for much more back home.
Whether this is a viable long-term strategy is doubtful, especially as we move towards the European Council’s decision next week on ‘sufficient progress’, where rhetoric is going to become a big factor once more. Adding that to an already-deeply-suspicious Tory party and it’s not too hard to imagine someone pushing the leadership challenge button more firmly.
And at that point you can expect a whole lot more examples of why contender X is good/bad or must/mustn’t lead the country at this critical juncture.
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Last year I was fortunate enough to take part in a masterclass for early career researchers on EU regional policy organised by the Regional Studies Association, the EU Committee of the Regions and the European Commission. The masterclass was part of the annual European Week of Regions and Cities, which last year it took place against the backdrop of the recent UK referendum on EU membership. During the opening plenary EU Regional Policy Commissioner, Corina Crețu, highlighted her disappointment that regions which have seen significant investment from the EU’s regional policy, such as Cornwall, Wales and the North East, voted to leave the EU. This, Commissioner Crețu argues, highlighted the need to look at how well EU spending in these regions was communicated.
This year’s European Week of Regions and Cities is happening at the moment. While I’m not fortunate enough to be there in person this year, I am trying to follow what’s going on. Again in this year’s opening plenary, Commissioner Crețu highlighted the need to improve how EU regional policy is communicated to citizens. This focus on the communication of regional policy has become increasingly important, not least because of the Brexit vote, but also because regional policy spending accounts for a third of the EU’s entire budget. The assumption is if citizens are aware of what EU regional policy does in their local area they’ll have a greater understanding of how the EU supports them and their local areas, and consequently have a more positive attitude towards the EU.
So, what effect will raising awareness of EU regional policy have? Given Commissioner Crețu’s disappointment at the result in certain UK regions, let’s have a look at EU regional policy awareness in those regions and the result of the UK’s referendum on EU membership.
The data here is aggregated here at the NUTS1 level. Data on the EU referendum result comes from the UK Electoral Commission, while awareness of EU regional policy is taken from Flash Eurobarometer 423 on EU citizen awareness and perceptions of EU regional policy. This was conducted one year prior to the referendum. The main question we’re interested in is: “Europe provides financial support to regions and cities. Have you heard about any EU co-financed projects to improve the area where you live?” The aggregate data I’ve used can be downloaded here.
Generally speaking, UK regions with higher levels of regional policy awareness appear to have lower levels of support for “Remain” in the referendum. Crucially, in the UK’s case at least, higher levels of regional policy awareness, didn’t translate into higher levels of EU support at the ballot box.
This comes with some rather large caveats, of course. The UK may be a unique case here. NUTS1 regions are rather large and diverse, so this isn’t going to account for large differences of awareness and EU spending within these regions. And regional policy spending had very little, if anything at all, to do with the referendum result (that’s for another blog post!). While there is a negative correlation (r = -0.43), it isn’t significant at the 0.05 level (p = 0.165).
These caveats aside, the key message to take away here is that merely raising awareness of EU regional policy spending isn’t going to be enough. If the EU wants to increase support among citizens it is going to have to do more than just show it spends money in a given area. There needs to be more of a focus on how that communication will work and how it will engage with citizens. Part of this will also come down to how regional policy is designed and how EU funding is invested in local areas. Does it meet local economic need and does it address the priorities citizens see as important?
There are grounds for optimism. Initiatives to improve the communication of EU regional spending are out there. During last year’s masterclass I witnessed Fireflies, a Lithuanian project led by local organisations aiming to increase transparency in EU regional policy by showing how EU funding is spent, win the 2016 RegioStars award. However the lessons from projects like this need to receive greater recognition by EU policy makers and be applied more widely beyond the confined of a single project.
So yes, communicating regional policy is important, but much more thought need to be put into how this will work rather than simply telling citizens how much EU cash is spent locally.
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In ten days (October 19-20) Czech voters will go to the polling stations. After four years, they will decide once more about the future of Czechia – as the republic in the middle of the Europe is (unsuccessfully) trying to rebrand its name. And once more, these elections are portrayed as “important” or “path-breaking”, not only in the Czech press but also by more than few politicians.
I am saying “once more”, because it is not the first time. Quite the contrary: over the last seven years Czech politics have changed a lot. From stability to instability. From being predictable to being chaotic. And from being quite moderate to being populist. How could this happen?
Once upon a time, there was a small country called Czech Republic in the heart of Europe. Until around 2010, it had been a remarkably stable country since its establishment in January 1993, when a marriage of over eighty years broke up between the Czechs and the Slovaks. While in neighbouring countries like Poland or Slovakia new relevant parties emerged and died often during one term, the Czech party spectrum was pretty boring. With five or at worst six relevant parties, and standard governmental changes from centre left to centre right. Even newcomers – such as for example the Czech Greens in 2006 – were traditional parties in the sense that they represented a set of coherent ideas and goals.
Then everything changed in the 2010 elections and since then, Czech politics have become a different story. Unfortunately for the country, with consequences beyond the purely domestic level.
Well, as in many similar cases, one has to turn to history to find answers to “why” this happened. Even if 2010 may be considered the turning point, the causes explaining the “electoral earthquake” had appeared slowly from the mid-1990s. At this time, the Czech transition – particularly in its economic dimension – appeared to be a successful and achieved process. Already in 1996 electoral campaign, Václav Klaus, one of the symbols of Czech modern politics and at that time acting prime minister, claimed so under his slogan “We proved that we can manage”. However, voters did not seem to be convinced and massively supported the opposition in this election. The very tight result of these elections opened a path to a second coalition government led by Václav Klaus. It was a minority government, a weak one, and had to resign already after being in office for not more than one and a half years. First early elections then resulted in a similar draw as in 1996, but this time the government was formed by the Social Democrats, and Miloš Zeman, another key figure of Czech politics, became prime minister. That would not have been tragic, but his minority cabinet was backed by Klaus’ “Civic Democrats”, its main rival and enemy, in a so called “opposition agreement”. This pseudo-coalition and pseudo-opposition – for which Klaus and Zeman are not to be blamed along, since it was partly a result of the inability of other political parties to find a solution – deeply wounded the trust of Czech voters in traditional parties. These wounds never disappeared.
The second major mistake – decentralisation – can be tracked back to the 1990s as well. The idea to create regions and endow them with some competences – education, regional development, health care – is not bad per se and was supported at the time by the majority of political parties. However, big problems occurred when these regions obtained the power to manage the money from the EU structural funds. Particularly from 2006 on, almost every single Czech region – and its political representatives – faced to a huge corruption scandal. These were usually directly or indirectly linked to the structural funds projects, often connected with regional politicians either from the Civic Democratic Party or from the Social Democrats. The regionalisation of EU funds led to networks of strong regional leaders and their business allies, which were for the parties´ headquarters almost impossible to control. The existence of these people – for whom the term “godfathers” is widely used – and their scandals was another nail in the coffin of traditional Czech parties.
Although there were also international and contextual causes for change in Czech politics – as for example the tragicomic Czech EU Presidency of 2009 or the outbreak of the financial crisis – the main dynamics of the 2010 earthquake are to be found inside the system and explained by mistakes committed by its leading politicians. As a result, the 2010 elections introduced the first populists into the Czech parliament. A party called “Public Affairs” successfully campaigned under the motto “We will wipe out the political dinosaurs” and became a part of the new government. Even though “Public Affairs” performed very badly and broke up after 3 years, their initial success opened a Pandora box of populism as affective tool. In 2013, in the second Czech early elections, it was effectively used by other new parties –Andrej Babiš’s non-ideological “Action of Dissatisfied Citizens” (known as ANO) and the right-wing populist “Dawn of Direct Democracy”. The first movement, led (and owned, one could add) by one of the country’s richest businessmen, used the slogan “We are not like politicians, we are hard workers”, whereas Dawn promoted direct democracy as a universal medicine for everything wrong in the Czech Republic.
Particularly the former appeal was successful, as ANO – following the footsteps of “Public Affairs” (but not repeating the same mistakes) – has been participating in the new government and became the strongest political force in the country. The major question in 2017 is not who will win, but by how much ANO will win and how many partners (if at all) it will need to get a majority in the lower house. According to the most recent polls, traditional parties as the Social Democrats or the Civic Democrats are tottering around 10-12% of votes. At the moment, they fight with other small parties and possible newcomers like the “Pirates” – an emerging star of the Czech party landscape – rather than with ANO.
The Czech electoral system is a proportional one with a 5% threshold for obtaining seats in the House of Deputies. However, as the seats are distributed in 13 plus Prague regions, it has also some majoritarian elements. These are even strengthened by using the d´Hondt formula for calculating mandates. Hence, a party with approximately 30% of the votes can have around 40% or even more of the seats in the House of Deputies depending also on how many votes will fall below the 5% threshold and will thus be distributed among the successful parties.
Apart from the ANO victory the overall result of the elections is hardly to predict. The electoral campaign is not that much intensive and lack strong themes and issues. Traditional parties try to picture Mr. Babiš as dangerous oligarch and possible wannabe dictator, but fail to offer any positive and interesting agenda on their own. There other problem is the lack of charismatic leaders, an obvious must-have in current politics.
Therefore, what is to be expected as main outcome of the 2017 Czech elections is further instability in Czech politics as well as the strengthening of populism within it.
The post The Czechs are going to vote. And strengthen the populists further. appeared first on Ideas on Europe.
The internationalization of higher education is a response to the pressures of globalization. There are economic, political, and social explanations for the reforms that have taken place in Europe since the Bologna Process launched 18 years ago on June 19, 1999 in the historic university city of Bologna, Italy.
Correspondingly, these explanations for internationalization of higher education are globalization (economic), intergovernmentalism (political), and Europeanization (social). The progress of the Bologna Process to create the European Higher Education Area (EHEA) originated with the Sorbonne Declaration among the education ministers of France, Germany, Italy and the United Kingdom on May 25, 1998.
My new book Globalization and Change in Higher Education: The Political Economy of Policy Reform in Europe (published by Palgrave Macmillan) explains the institutional change that has taken place as a response to these pressures.[1] The 21st century’s increasing demands for knowledge reflect a knowledge society that is driven by a knowledge economy (David and Foray 2002).[2] This is defined as an economy in which growth is dependent on the quantity, quality, and accessibility of the information available. Universities and all types higher education institutions have experienced unprecedented institutional change in the knowledge society (Cantwell and Kauppinen 2014).[3] Educational sociologists have concurred that the international convergence of academic programs’ criteria that comes from the Bologna Process is unprecedented (Frank and Meyer 2007:299).[4]
History, Ideas, and Institutions
When the Bologna Process started, it had been less than a decade since the end of the Cold War. As a social explanation, the central and eastern European countries were eager to show solidarity with the leadership initiative from the countries in western Europe. The growth of the Bologna Process from 29 countries originally to 48 countries today reflects how it has complemented the expansion of the European Union’s Single Market, as the EU has grown from 15 countries in 1999 to 28 countries today.
The history, ideas, and institutions that frame our understanding of higher education are set out in the initial Chapters of the book, which frame the analysis in a historical institutional theoretical perspective. The three primary objectives of the Bologna Process are convergence of higher education policies in 1) academic degree structure, 2) quality assurance, and 3) automatic recognition of degrees within the EHEA. Chapter 4 explains the dual roles of higher education institutions, as recipients of policy change from the national and European levels and as agents of policy change in the knowledge economy. The Bologna Process intersects with the higher education attainment objective of the Europe 2020 economic growth strategy of the Europe Commission. Chapter 5 explains, in quantitative assessment, that the most statistically significant relationship for higher education attainment is with GDP per capita among other variables in the political economy including employment, trade, R&D investment, population, and education spending.
With similar histories of political governance and distinct structures of government, the Iberian countries, Portugal and Spain, provide qualitative assessment case studies for countries within the EU. Chapters 6 to 9 explain that given the unitary government of Portugal, the process of reform has proceeded with more uniformity than in the quasi-federal government of Spain. In the country of 17 autonomous communities of sub-national regions, Spain has 11 higher education qualifications agencies as compared to most EHEA countries that have one, indicating the complexity of higher education in the country. Portugal has made greater progress, from 11 to 31 percent, than Spain’s progress, from 29 to 42 percent, toward the Europe 2020 target objective for 40 percent (of 30-34 year-olds) for higher education attainment, though Spain has reached the target (Eurostat 2016).
Model for Regional Integration and Key Findings
Referencing back to my posting in 2013, the Bologna Process has been a model for the regionalization of higher education throughout the world. The Association of Southeast Asian Nations (ASEAN) has developed its own Qualifications Reference Framework. In North America, the Canadian and U.S. structures are similar. The U.S. and Mexico, together with Canada, have opportunities to collaborate, once able to overcome uncertainties around security, funding, and availability of academic mobility programs.[5] The next step following graduates’ mobility is mutual recognition of professional qualifications, for which the ASEAN region continues to make progress.[6]
Among the key findings in the book are that these aspects of domestic politics matter for higher education policy reforms:
1) Structure of government (unitary v. (quasi-)federal)
2) Leadership consistency providing support for the reforms
3) Funding available for education or national wealth (measured by GDP per capita)
Today the 48-country EHEA, with the European Commission as a partner, continues to develop a higher education space where academic qualifications become recognized across countries. Competitive external economic pressures are part of globalization, while domestic politics influencing international cooperation drive intergovernmentalism. Leadership from the supranational EU that socially engages stakeholders and constructs regional norms is Europeanization. Approaching the end of the second decade of the Bologna Process, the change in higher education finds economic, political, and social explanations.
Beverly Barrett has served as Lecturer at the Bauer College of Business in Global Studies and at the Hobby School of Public Affairs at the University of Houston. She served as Associate Editor of the Miami European Union Center of Excellence following her doctoral fellowship. Current research interests include international political economy, regional integration, and governance with particular emphasis on education and economic development.
[1] Barrett, Beverly. 2017. Globalization and Change in Higher Education: The Political Economy of Policy Reform in Europe. London: Palgrave Macmillan.
[2] David, Paul A. and Dominique Foray. 2002. “An introduction to the economy of the knowledge society.” International Social Science Journal, 54:171, 9-23. Paris: UNESCO.
[3] Cantwell, Brendan and Ilkka Kauppinen (Eds). 2014. Academic capitalism in the age of globalization. Baltimore: Johns Hopkins University Press.
[4] Frank, David J. and John W. Meyer. 2007. University expansion and the knowledge society. Theory and Society, 36(4), 287–311.
[5] Vassar, David and Beverly Barrett. 2014. “U.S.-Mexico academic mobility: Trends, challenges, and opportunities.” Mexico Center Issue Brief. Baker Institute for Public Policy, Rice University, Houston, Texas.
[6] Asian Development Bank. 2016. Open windows, closed doors: Mutual recognition agreements on professional services in the ASEAN region. Mandaluyong City, Philippines: Asian Development Bank.
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A text I published elsewhere over two years ago.
Read it again against the backdrop of this week’s news, found it still valid.
It is not every day that a researcher has the opportunity to be the eye-witness of a nation in the making. Sunday evening 7 June 2015, at the intersection between Avinguda de Sarria and Avinguda Josep Taradellas in the centre of Barcelona, was such a moment. Bumping into a joyful crowd that was waiting for the victory parade of their Champions League heroes in an open-deck bus, we had over two hours to improvise an in-depth session of participant observation. From the reports in the following day’s newspapers, it appears that our ‘field work sample population’ was perfectly representative of the entire city, which for the occasion metamorphosed into a very, very long ‘Fanmeile’.
As is usual nowadays on such fan zones, the patiently waiting crowd was entertained with music from loudspeakers placed at regular intervals along the itinerary of the bus. Next to the DJ, a nice lady was handing out Barça flags to those (a minority) who were not already equipped with garment or objects in the club’s colours, while an equally nice security man was scratching his head somewhat anxiously given the impressive number of persons sitting and standing in the middle of the street.
The crowd had several distinctive features: it was fully trans-generational, encompassing every single age group of the city; it had a striking gender parity within each of these age groups; and it was very visibly ethnically inclusive, with a rather significant percentage of individuals from various migrant origins.
Every now and then the DJ played ‘El Cant del Barça’, the official anthem of FC Barcelona, the lyrics of which are not really on a higher level of poetic sophistication than what can be heard in other stadia, but which seems to be mandatory learning content in primary education, judging from the degree of familiarity shown by the schoolchildren.
The latter were easy to observe since the youngest among them had been placed on the garbage container in order to give them a good view on the bus (as shown by my little photo gallery). They were, of course, excited, and while not all of them were necessarily understanding what exactly was being celebrated, they were certainly all intuitively getting the point that this was an exceptional moment, a kind of cheerful, but solemn ritual allowing individual persons to publicly show their belonging and obedience to a larger social group.
In other words: this was socialisation at work. Right before our eyes, kids from various backgrounds were being turned into little Catalans. For life, probably. The composition of the public, the sheer size of the crowd, and the Catalan flags hanging from every second balcony clearly gave evidence to the fact that the clichéd Barça motto ‘Més que un club’ is not an usurpation. As a matter of fact, this is not a club at all. It’s a national team.
This impression is confirmed when you walk into the Barça museum, where you have to go past a poster that enumerates ‘Catalan Identity. Universality. Social Commitment. Democracy’ as the pillars of the Barça identity. It sounds like a political platform.
The evening reminded me of two very good book chapters on FC Barcelona. The first one figures in Simon Kuper’s wonderful Football against the Enemy, written in the mid-1990s, at a moment when ‘every day shop signs in Spanish went down and were replaced by Catalan signs’. For Simon Kuper, Catalan nationalism was all about symbolic recognition, not concrete political independance: ‘The Catalans do not want a state of their own, but they want something vaguer than that, symbols to prove they are a separate people’, and Barça is ‘the symbol that this nation needs in lieu of a state’. Certainly not a wrong perception twenty years ago, but it would be difficult to write the same thing today, as it would no longer sound reasonable to qualify Barça as an ‘under-performing’ club.
Ten years later, Franklin Foer also dedicated a chapter to Barça nationalism in How Soccer Explains the World. For him Catalan nationalism is already much more tangible, but it appears to him as an open and inclusive nationalism, like the liberating idea introduced by the French Revolution before it was perverted (mainly by the German romantics) into what then become no doubt the most powerful ideology of the 19th and 20th century.
Foer’s enthusiastic vision of Catalan nationalism is not naive, but it is shortsighted: proto-nationalism that is based on an existing and practiced language and on strong cultural self-awareness, and that may at the same time credibly claim to have undergone a long period of oppression, almost naturally appears as a sympathetic cause. It’s when independence has been reached and a newly existing state is charged with protecting borders, redistributing resources, and defending so-called national interests when things have a tendency to turn nasty.
Producing new Catalans with the help of cultural symbols is not too complicated. Especially if you can use the powerful emotions that football is capable of providing. But maintaining openness, inclusiveness and ethnic diversity in a future independent state will be the real test. A slightly more demanding one than a Champions League final.
The post Nation-building. Participant observation, June 2015. appeared first on Ideas on Europe.
There’s nothing very useful to be to added to the general cacophony around Theresa May’s speech to her party conference yesterday: the jokes have all been made, the judgments handed in.
But one aspect that’s been relatively overlooked is the impact on Brexit: as discussion continues to swirl about, could it improve things to have her out of office?
The case in support of this looks pretty solid. Her authority, her policy and her communication are all severely lacking.
Firstly, her position within the party is severely compromised, and has been since the general election this spring. The trashing of her reputation was as swift and brutal as any that has been seen in recent times. The Tories are an unsympathetic lot when it comes to power and May failed the most basic of tests.
The speech appears to have done nothing more than convert some of the contempt into pity, which is not really an improvement, but instead another stage in the party’s rejection. It opens up the line of argument that she is tired and needs a break, ‘for her own good’: the attempt to get the party to buckle down on Brexit can now be met with a ‘there, there’.
Secondly, May’s policy line on Brexit remains utterly unclear. To all intents and purposes, we are still at the ‘Brexit means Brexit’ phase: empty rhetoric and incomplete and contradictory positions. The speech contained nothing to change that, a strange omission even if one considers the Florence speech to have been the main place for this: the conference as a whole was full of Brexit-talk, but without the push from the leader that might have mattered.
And this runs into the communication gap. This isn’t a matter of having a cough, but of having a communication strategy that reaches those it needs to reach, with appropriate messages. To take the obvious example, the stronger response to Boris Johnson’s sniping would have been to re-appropriate the narrative on Brexit and Article 50 and demonstrate leadership on the matter, rather than skulking in the sidelines.
So, case closed. Right?
Not really. For as much as May is now damaged goods, there are good reasons to think that she remains the preferable person to be in Number 10.
First and foremost is the time question. As I think I’ve mentioned before, time is very much of the essence now in Article 50: we are now only just over a year away from the time when a deal needs to be finalised with the EU. Having already lost two months to a general election, losing another one or two months to a leadership contest – plus maybe another two to a further general election – looks deeply irresponsible. While there are still some who would happily leave the EU on a ‘no-deal’ basis, they are ever fewer in number, so the desire – which has built up markedly in recent weeks – to get to an agreement points towards making done with the current personnel.
Secondly, there is no one in the Conservative party who looks to have a more settled position on how to handle negotiations. There is a choice between the various shades of softening, and the various shades of hardening, but neither direction is built on a rigorous model and vision. Jacob Rees-Mogg and Boris Johnson might have been the darlings of the conference, but neither had any more to offer than platitudes on the greatness of Britain and how it would all work out in the end.
Even if a new leader did take over, the Conservatives would still have no single-party majority in the Commons, plus a potentially more hostile Opposition, galvanized by the scent of blood in the water: any hardening would also make internal party rebellion more likely.
Finally, and in contrast to the negative reasons for keeping May, there is also a positive in her premiership: the very ambiguity on policy that has hurt her so far. Article 50 is a negotiation and one in the which the UK was always going to have to make some compromises. While it might not have been the optimal way to go about it, May’s rhetoric has at least allowed for adaptions of position over time: consider sequencing, finances, transitions and all the other points she has given way on.
The original May plan was to be bold, but vague, then win a huge majority against Labour, then negotiate whatever deal, and then say “that’s what Brexit meant, and there’s nothing you can do to gainsay it, since you gave me a huge mandate.”
That plan now lies in the dirt, but May probably remains the best person to pursue something similar. Her very weakness means that she can now shoulder the blame as she compromises further.
In short, May has been the author of her own, slow-burning disaster. But that doesn’t mean she is yet to meet her end.
The post Must May go, or might May stay? A Brexit balancesheet appeared first on Ideas on Europe.
The impact of an EU membership perspective on the national parliament of potential candidate countries is an important yet underexplored subject, writes Blerim Vela. Outlining some of the elements of his research, he suggests that the executive-legislature relationship and strength of the media and civil society are connecting factors in parliamentary development.
The Western Balkans countries first expressed their wish to be part of the European Union in the early 2000s. To accomplish this goal, national executives were strengthened and additional resources were allocated to deal with complex EU accession negotiations.
However, such a realignment of powers and resources at national level did not include national parliaments. They have tried to emulate the parliaments of EU Member States by establishing EU integration committees to oversee the work of their governments during the EU accession process. In many cases, parliaments have been reduced to rubber-stamping institutions for government decisions.
Most of the existing related academic literature focuses on the institutional adaptation of EU Member State parliaments. It considers the various scrutiny arrangements (e.g. European affairs committees) and assesses their effectiveness.
However, it has largely neglected the involvement of other standing committees on EU affairs, differential empowerment of parliamentary actors/bodies, inter-parliamentary cooperation and the role of parliamentary staffers during the EU accession process and subsequently. Moreover, scholars disagree on how to measure or operationalise the impact of the EU integration process on national parliaments.
One unexplored aspect is the impact of the EU integration process on the parliaments of EU potential candidate countries (PCCs). My research seeks to explain changes to the way parliaments of EU PCCs – namely, Kosovo and Macedonia – conduct their business during their country’s bid to become an EU member. I intend to trace the impact of EU accession as a process, rather than an outcome, in two main parliamentary functions: law-making and oversight.
Given the relatively new nature of democracy in the Western Balkans and the lack of historical experience with parliamentarism (in comparison to older EU Member States), I expect to find that the EU accession process is a crucial opportunity to shape institutional structures and procedures in parliaments, including their relationship with the government.
Having said that, it is prudent to also expect that parliaments in EU PCCs, faced with a loss of legislative influence during the EU accession process, react through institutional adaptation and increasing parliamentary oversight.
The impact of the EU accession process on the functioning of parliaments in my research is operationalised through review of formal and informal instruments. On the formal spectrum, this includes the EU’s conditionality and monitoring, based on the Stabilisation and Association Agreement and the European Commission’s annual progress reports; and the political dialogue with the EU institutions, such as the Joint Parliamentary Committees and European Parliaments reports. On the informal spectrum, this includes the EU’s technical assistance to parliaments – mainly through twinning projects with EU member states parliaments.
The institutional change of national parliaments that can be looked at on three levels. The first is through reviewing changes to parliaments’ rules of procedure based on amendments related to the EU accession process.
The second is through detailing institutional adaptations in parliaments that led to new processes (e.g. new oversight mechanisms or changes to law-making procedures), the establishment of new parliamentary bodies specifically tasked with overseeing the government work and performance on EU accession issues (such as committees and councils) and the creation of new professional support units in parliaments’ secretariats.
The third, following the above, is by observing any change in the nature and volume of parliamentary activities. This can be based on the number of amendments to draft laws, parliamentary questions and successful motions related to EU accession issues.
I aim to test whether the number of veto players constrains parliament’s institutional adaptation. Parliaments are highly formalistic institutions, often requiring procedural and structural changes to be instituted through amending its rules of procedure. In the cases of Kosovo and Macedonia, this requires a two-thirds majority of all MPs.
As such, attaining this majority is subject to the number of veto players involved and the type of political system (consensual or conflictual). Lower numbers of veto players and consensual politics enable the adoption of such amendments. Likewise, the actual implementation of new procedures in parliament is subject to meeting certain thresholds in terms of number of MPs supporting such initiatives and the ability to put items on the agenda.
Additionally, I will test whether free and vibrant media and civil society organisations have an enabling effect on institutional adaptation and level of parliamentary activity during the EU accession process. This proposition assumes that these media and civil society organisations can create motivating factors for both opposition and government MPs to introduce reforms.
Lastly, I predict that executive dominance over the legislature constrains institutional adaptation and the level of oversight. In cases of coherent governing majorities and party discipline in voting, one can expect that opposition parties will have a limited impact in introducing oversight initiatives. However, if the governing coalition is composed of many political parties and party discipline is weaker, the chances are higher that oversight initiatives will come about.
Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.
Shortlink for this article: bit.ly/2hFsa5K
Blerim Vela | @Blerim_Vela
University of Sussex
Blerim Vela is PhD Candidate in Politics at the University of Sussex. His research focuses on the impact of Europeanisation on the functioning of potential EU candidate countries’ national parliaments. He previously worked for the UNDP and OSCE in a number of countries.
The post Measuring the Impact of EU Accession on Potential Candidate Country Parliaments appeared first on Ideas on Europe.
The usage of the term ‘crisis’ when discussing the EU’s current challenges has become widespread in media reporting, writes Max Steuer. Drawing from his analysis of quality newspapers in several Visegrad countries, where calls for the EU to address problems have often been accompanied by opposition to EU-wide solutions, he calls for more careful referencing to crisis in wider public discourse.
The EU is in crisis – hardly anyone could get a different impression when reading or listening to the news. From economics, through to foreign policy, up to the more recent issue of migrants/refugees, the EU is overwhelmingly judged to have failed to effectively respond to the challenges of our times.
But what does crisis, this heavily-loaded term, stand for? When does a series of developments qualify as a crisis? Are there any criteria that are distinctive to it? These questions are largely neglected in political discourse and, more surprisingly, in academic research as well.
The synthesis of some attentive analyses increasingly points to the strong evaluative dimension entailed in the crisis. The way this concept functions is far beyond its etymological origin. However, empirical research is needed to show how crisis is about labelling, framing certain events as detrimental to progress or upholding existing values, and the attribution of responsibility for causing the crisis to concrete actors.
The media is an important forum where the rhetoric about ‘crises’ can manifest in this way. Various actors, not only journalists themselves, present their opinions there. One would expect though, that quality newspapers as opposed to tabloids will publish more in-depth analyses, approaching crisis critically and not as ready-made. This applies in the Central European context as well, where there have been discussions about the Visegrad countries possibly preferring an ‘own way’ in the EU when it comes to policies towards refugees and migrants.
Yet, a closer look at six Central European newspapers – namely, Népszabadság (before it had been shut down through the influence of the Orbán government) and Magyar Nemzet in Hungary, Sme and Pravda in Slovakia and Lidové noviny and Mladá Fronta in Czechia – invites a deal of skepticism about such a claim. Even quality newspapers (and not necessarily only in the countries under scrutiny) tend to take up the rhetoric of the various crises, the three major ones being the economy, Ukraine and ‘migrants/refugees’. The popularity of this rhetoric manifests itself in three ways.
First, the sheer magnitude of articles which discuss the EU, its institutions or policies or its relationship with the Member States, in the context of crises, is remarkable. From late 2008 to days after the Brexit referendum at the end of June 2016, 1347 articles were published which have been identified and fulfil the above criterion. While there are others not portraying the EU in this way, the crisis talk seems to be enormously popular.
Second, there is no unified frame in which the EU in crises is being portrayed. Yet, when it comes to attribution of responsibility, ‘European elites’, ‘Brussels bureaucracy’ and the like is undeniably a major target of blame for the causes of the ‘crises’. This is not only embodied in the rhetoric of several key current or former politicians, such as Hungarian Prime Minister Victor Orbán (for instance, his claim that ‘the European political elite sits in an ideological bubble’) or former Czech President Václav Klaus, who, in his own words, ‘would not defend the EU’.
Third, there is a general preference for a ‘joint EU approach’ when it comes to dealing with the crises, but with hardly any detail of what this approach should be. Moreover, this call for joint action contrasts with opposition to EU-wide solutions, in case of the Visegrad countries particularly in the area of asylum and integration policies. In fact, such opposition seems to decrease the chance for a joint solution – whatever that may mean.
The danger entailed in the rhetoric about crises is the gradual diminishing of the EU’s positives in political discourse. More specifically, the EU institutions and their representatives come to be perceived as the originator of the ‘permanent crisis’ of the EU. A natural implication is that without the EU, or (from a Visegrad Member State’s perspective) without a particular state being an EU member, the harmful effects of the crises would disappear.
Without setting clear criteria that distinguish ‘crisis’ from everything else, the term remains an imprecise, unscientific label that does not offer any value on its own and can be exploited for populist goals to gain support for a certain (mostly anti-EU) set of ideas. To be sure, this does not mean that all criticism of the EU as it stands (and even of EU institutions and their representatives) is invalid or detrimental to the quality of political debate. However, when ‘crisis’ is used to make a negative emotional link to the ‘European elites’ and ‘Brussels’, it becomes a tool for (predominantly anti-EU) political campaigns.
Since June 2016 developments have increasingly pointed towards the option of an EU core being formed by those Member States which wish to join it and adhere to its rules. The ‘core’ argument has been reflected in domestic political debates, for example, in Slovakia. It might yet be another consequence of the crises discourse – if there is crisis, a solution is needed which can also be constructed as a solution and presented to citizens.
It is at this point when ‘de-crisising’ comes in as a recommendation for adjusting the rhetoric of all actors involved. This strategy entails discussing the EU’s challenges, but using ‘crisis’ only when there is a clear explanation of the benchmark for it. Secondly, it implies that there is a need to talk more about the EU’s benefits, and to do so in innovative ways. In order to achieve this, quality newspapers may admittedly offer only a limited forum, and new media, including social networks, should be the focus instead.
This article draws on a chapter by the author to be submitted for the forthcoming edited volume – Bátora, J and Fossum, JE (eds): The EU and its Crises: From Resilient Ambiguity to Ambiguous Resilience
Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.
Shortlink for this article: bit.ly/2hGDXRv
Max Steuer
Comenius University in Bratislava
Max Steuer is PhD Candidate in Politics at the Comenius University in Bratislava. His researh interests include political institutions in Central Europe and political rights. He is the Head of the Academic Department of the International Association for Political Science Students (IAPSS).
The post Why the EU Needs ‘De-crisising’ appeared first on Ideas on Europe.
The journey of connecting your research interests and questions as a PhD student with an effective means of exploring them can sometimes be challenging, writes Rachael Dickson Hillyard. Reflecting on her research critically analysing EU narratives on good governance and rights-based policies, she argues that it is important to recognise the different ways of studying the EU and to embrace more reflexive approaches.
Typically, for me anyhow, I submitted an abstract to the call for papers for the UACES Student Forum conference and, by the time I came to writing the contribution, I kind of changed my mind about what I wanted to talk about. Apologies. When it came to writing this article, I thought the topic actually has a lot to say to EU studies in general and those who research it, try to understand it and, for their sins, attempt to explain it to others.
The European Union is without doubt a complex, diverse, and vast entity. It can be frustrating, dense and is always changing. During undergraduate politics studies, it certainly piqued my attention and I became curious to know more about how it operates, how it uses its powers and how it affects the lives of those who come into contact with it.
When it came to designing my PhD research, I became somewhat frustrated by the ‘ready-made’ frameworks for researching, and thus understanding, the EU. In the early days, I received comments that EU studies was at best ‘a bit passé’ and, at worst, ‘over’. I couldn’t accept this to be true, particularly as the migrant crisis was surging, and the international media were looking to the EU for answers and solutions. And in the midst of other discussions on the future of the Eurozone, possible (now inevitable) Brexit, among many others.
I was grateful to find UACES and meet a bunch of like-minded people who not only continue to understand diverse and different aspects of EU law, politics, sociology, history, etc but fiercely defend and promote the discipline. At the 2013 UACES Student Forum conference, I listened eagerly to Nathaniel Copsey argue the need for a loyal opposition in the EU, to critique the institution from within.
I returned to my research plan having read Richard Whitman’s call for more dissenting voices in EU studies, and enthused to contribute to its reinvigoration. Essentially, I began searching for ways to research that would address the underperformance of critical reflexivity identified by Lucie Chamlian and Dirk Nabers. The drive to produce relevant research is a pressure for any PhD student, but it seemed even more pertinent in EU studies.
To help action this desire, my supervisor kept probing me to rework and narrow my research questions so as to specify what exactly it was I wanted to find out. Through this process I came to realise that my interest was not so much in what the EU was doing to tackle the migrant crisis or why the EU has developed an identity as an international human rights actor. Instead, I was interested in the how questions. How was the EU going about managing the crisis? How did this affect the practice of rights? How was solidarity defined in relation to this? And, most importantly, how could we better understand the EU’s actions?
Tazzioli’s view that EU studies is too EU-centric, and our understanding of it relies too heavily on the narratives and truths it creates for itself, resonated with my avenues of inquiry. My interest, therefore, became in questioning the knowledge these narratives establish and the assumed truths that underpin understandings of how the EU operates. Foucault saw this type of critique akin to curiosity; it is:
[…] a passion for seizing what is happening now and what is disappearing; a lack of respect for the traditional hierarchies of what is important and fundamental (Foucault, p 325).
In using his ideas to frame my research, I did not adopt a theory or methodology but instead used his ideas as a tool.
This tool has allowed me to do a number of things. Firstly, to offer a critique of the EU’s narrative of good governance and rights-based policies by questioning the relationship between knowledge, power and government. Secondly, using governmentality, to expose the tactics and technologies the EU has pursued. These seemingly mundane and often administrative practices expose subtle power relationships between the EU as a rights-actor and the migrants who are subjected to them. Thirdly, to be creative in cultivating lenses for analysis which offer nuanced and deeper contextualisation of the values underpinning EU policy.
There have been some challenges along the way. Both the ideas of Foucault and the literature on the EU can be difficult subject matter, so synthesis has involved in-depth, lateral thinking, often to the limits of my capabilities. In addition, studies based on Foucault also have their critics. His work might not provide an approach for everyone. He himself did not profess to provide all the answers, but rather shifted how we approach inquiry from restrictive theories to adaptable and flexible tool kits. However, there are a plethora of other critical scholars and lens worth considering. Critical studies based on the work of Jacques Derrida, Gilles Delueze, Wendy Brown and Judith Butler, among others, have provided different perspectives on law, politics and society.
To draw these thoughts together: my experience of devising and using a critical approach to understanding a particular aspect of EU governance shows there is more than one way to look at the EU. It emancipates the debate from dogmatic approaches about who is right and challenges to narratives propagated by the EU. The lessons of self-reflexivity and questions of how will, I understand, become more pertinent as we, the field of EU studies, navigate Brexit and a post-Leave research field.
Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.
Shortlink for this article: bit.ly/2xMKy0R
Rachael Dickson Hillyard | @rdicko
Queen’s University Belfast
Rachael Dickson Hillyard is PhD Candidate in Law at Queen’s University Belfast. Her research focuses on the European Union’s response to the migrant crisis from legal and political perspectives. She was previously a Committee Member of the UACES Student Forum.
The post Taking an Alternative Approach to Doing EU Studies: Using Foucault’s Thinking to Better Understand the EU and Migration appeared first on Ideas on Europe.
Nicoline Frolich and Ivar Bleiklie chair panel on higher education policy
Hannah Moscovitz and Martina Vukasovic
This year’s ECPR (European Consortium of Political Research) General Conference took place at the University of Oslo between September 6-9. The conference included hundreds of panels on a wide array of topics and representation from close to 2,000 academics from around the world. The ECPR Standing Group on the Politics of Higher Education, Research and Innovation, for the sixth time in a row (following Prague 2016, Montreal 2015, Glasgow 2014, Bordeaux 2013 and Reykjavik 2011) organised a section with a total of six panels covering various themes related to knowledge policy governance.
The section opened with the panel European Integration in the Knowledge Domain –
Taking Stock and Forward Outlook. The panel was based on the research agenda presented in Maassen and Olsen’s (2007) seminal book “University Dynamics and European Integration”. Peter Maassen began by reflecting on the book’s contribution to empirical and theoretical work on higher education research. Mari Elken presented a paper outlining ideas for further developing the research agenda on European higher education and emphasizing the importance of considering the complex ecology involved. Jens Jungblut followed with a discussion of the political contestations involved in the implementation of European policy ideas at the national level. Finally, Meng-Hsuan Chou and Pauline Ravinet presented their research on higher education regionalism, discussing its potential for contemporary political research as well as the importance of comparing regions ‘beyond Europe’ to further develop this field.
The following panel – Policy translation, adaptation and complexity in higher education, research and innovation – explored the various conditions which shape knowledge policy design. Hila Zahavi presented her research assessing the manner in which the EU’s foreign policy interests are embedded in various EU funded higher education programs. Teresa Patricio’s paper explored the research and higher education policy implications involved in complex international collaborations through the example of Portuguese university partnerships. Davide Donina then presented his paper on the examination of New Public Management features in Portuguese and Italian higher education systems, through a comparative and multi-level analysis. Hannah Moscovitz’s paper addressed the role of territorial identity-related interests in the design of knowledge policy from a subnational perspective. Finally, Sandra Hasanefendic’s paper examined the different responses to a new research policy implemented in two Portuguese poly-technics, revealing that the heterogeneous responses can be attributed to unique organisational structures.
The third panel highlighted empirical and theoretical contributions to research on the Policy, Governance and Organisational Change in Higher Education. Martina Vukasovic opened the panel with a discussion of the term ‘loose coupling’ in higher education research – outlining how it has been used, discussing some lacunas in its empirical application and opening avenues for future use. Sara Diogo then presented her paper on the influence of the OECD on European higher education, highlighting the diffusion of educational trends in Portugal and Finland. Roland Bloch followed with a presentation on the role played by the German Excellence Initiative in the proliferation of doctoral programs and its impact on the overall structure of German higher education. Agnete Vabo’s paper assessed how university mergers affect institutional autonomy and strategic steering, shedding light on the diversification involved. The panel concluded with a presentation by Ivar Bleiklie on the potential for discussing a Scandanavian model for higher education through a consideration of the commonalities and differences between Scandinavian countries’ higher education models.
The panel on Research Executive Agencies – Independent Organizations or the Extension of Research Policymakers?, aimed to prompt a discussion on research executive agencies (REAs) and their implications for knowledge policy research. Sarah Glück introduced the panel by highlighting the importance of scrutinising REAs in order to understand the competing logics inherent in science policy systems. Rupert Pichler and Sascha Ruhland’s paper analysed the normative framework governing research funding agencies, focusing on a number of dynamics impacting Austrian government policies in this domain. Que Anh Dang’s presentation explored Nordic higher education regionalism revealing how regional research agencies have contributed to new forms of region-building and market making in the area. Thomas König and Tim Flink’s paper assessed the challenges of the ERC for European research policy which they attribute to both its organisational framework and discursive compromises it undertakes. Finally, Inga Ulnicane presented her work on the concept of ‘grand challenges’, assessing whether it represents a new paradigm in science, technology and innovation policy.
The panel Unbundling knowledge production and knowledge dissemination aimed to conceptualise the ‘unbundling’ of knowledge policy; examining the different actors involved, understanding the consequences of such processes and implications for the university’s perceived role in society. Farah Purwaningrum’s paper discussed the understanding of the university’s third mission in Malaysia, specifically asking how the idea of the third mission as perceived by the Malaysian Ministry of Education affects knowledge production in Malaysian universities? Joonha Jeon’s paper assessed how New Public Management has influenced the realization of universities’ ‘third mission’, highlighting university-industry links in South Korea. Finally, Janja Komljenovic presented her paper assessing the unbundling processes evident in university social media marketing strategies. Through the example of LinkedIn, the study shows an important connection between higher education, markets and digital platforms.
The topic of the last panel in the section was Quality and Effectiveness of Governance in Higher Education: Unpacking the Quality of Governance and Effects of Governance Changes in Higher Education Policies. The panel comprised five papers. First, Michael Dobbins presented a comparative study on German and Swiss higher education reforms which, in response to similar challenges such as globalization and competition pressures, took two distinct (and somewhat unexpected routes) – decentralization and centralization, respectively. Giliberto Capano presented the study he co-authored with Andrea Pritoni on whether increasing autonomy can account for changes in education performance in Western European higher education systems. Meng-Hsuan Chou presented the paper co-authored with Pauline Ravinet concerning effectiveness of inter-regional policy dialogues, in particular focusing on cooperation between EU and ASEAN in the form of EU-SHARE project. Beverly Barrett presented a paper on higher education in Latin America, Portugal and Spain. The panel concluded with a paper by Jens Jungblut and Peter Maassen focusing on quality of governance in sub-Saharan Africa, which, amongst other, provided also a conceptual contribution concerning two dimensions of quality of governance – autonomy and capacity.
Apart from the panels in this section, the members of the Standing Group also took part in other sessions, including:
- Roundtable on the consequences of internationalization of political science education
- Featured Panel: The European Research Council @ 10: What has it done to us?
Standing Group dinner at the Nordic Institute for Studies in Innovation, Research and Education NIFU
As has become tradition, the Standing Group also had its annual meeting focused on planning future activities, including ECPR 2018 which will take place in Hamburg. The meeting was also marked by the Award for Excellent Paper from an Emerging Scholar to Que Anh Dang for her paper “The Bologna and ASEM Education Secretariats: Authority of Transnational Actor in Regional Higher Education Policy”. Standing Group members attended the keynote lecture by Johan P. Olsen “Democratic Accountability and the Changing European Political Order” and enjoyed the very generous hospitality of the Nordic Institute for Studies in Innovation, Research and Education NIFU, which hosted the traditional Standing Group dinner.
ECPR 2017 was another successful year for our Standing Group, gathering researchers from 20 different countries, currently based on three continents (Asia, Europe and North America). See you in the next ECPR General Conference in Hamburg in August 2018!
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Prime Minister Theresa May’s speech in Florence was intended to move forward stalled Brexit negotiations. But as I argue in this post that first appeared on the Dahrendorf Blog, Britain has found itself running into numerous problems with Brexit because its strategy for exiting the EU has been a textbook example of failed strategic thinking.
It’s said that in the First World War the Germans viewed the British troops and their generals as lions led by donkeys. One hundred years on, to much of the rest of Europe it is Britain’s national leaders, bereft of any coherent unified strategy for exiting the EU, who are donkeys misleading a great country.
If things continue as they have been, Britain’s approach to Brexit will be studied by generations of strategists as an example of flawed strategic thinking. The rest of Europe and Britain’s key allies such as the United States should lament this. As the Henry Jackson Society pointed out in a recent report, Britain remains a country of immense power and potential. It is not a dwarf and Brexit does not doom it to become one. The British people, like the troops of the First World War, will soldier on. But Brexit does pose the biggest political, administrative, and economic challenge Britain has faced in a long time. If it is handled badly, Britain will suffer unnecessary pain and losses. In facing such a challenge, the British people deserve to be led by leaders with a grasp of what it is they want to achieve and an ability to direct Britain towards it.
Strategy is a balanced combination of ends, ways, and means, which incorporates an assessment of risk and an opponent’s likely behaviour. Successful implementation and adaptation of strategy depends on having leaders who are able and willing to react and lead the struggle. Britain’s approach to Brexit has not lived up to this definition.
Before we open this up further let us be clear that Brexit is not a simple one-off event. It is a series of overlapping multifaceted, multi-levelled processes, negotiations, and debates involving multiple actors in Britain, the remaining EU, Europe, and the rest of the world. Its wide-ranging nature and complexity make it one of the most important and difficult political issues to define and analyse. Finding a way through it, for all involved, was never going to be easy. As I’ll touch on in a future blog post, the EU’s own approach has not been without problems. But Britain has so far gone about it in a particularly poor way.
Ends
Britain has made the fundamental strategic mistake of not knowing what end it seeks from Brexit. “Brexit means Brexit” said Theresa May. But Brexit is a process with no clearly defined destination. It’s like saying “War means war”. War, after all, is a means to an end. Britain’s leadership has been divided, unsure, and left shell-shocked by the Leave vote in a referendum in which most of them had campaigned for Remain. But in voting for Leave what the British people wanted Leave to mean – and therefore what end they want the UK government to deliver – has never been entirely settled. Its why British politics since 23 June 2016 has been defined by a battle to define the narrative of Brexit. It was the need for a mandate to define such a narrative that led Theresa May to trigger an unexpected general election. She hoped it would empower her to pursue the Brexit she outlined in January. Instead, the hung parliament that emerged has only confused things further.
That more than a year on from the vote British politicians are still arguing about the nature of a transition deal points to how far there is still to go before Britain knows what it wants from what Theresa May describes as a “deep and special partnership” with the EU. And it has not been just the governing Conservative party that has struggled. Labour, the Liberal Democrats, and other opposition parties have either fudged the issue or offered unrealistic ends as part of electoral manoeuvring rather than an assessment of what is possible or in the national interest. The inability of British politicians to know what they want and whether they can get it has led to calls for the EU to take the initiative by explaining to the UK what its options are.
Ways
With an unclear end, the UK has been in no position to assess or prepare the ways to get there. Given that no plan survives first contact, the need to constantly plan and adapt is one of the key requirements of any strategy. As Former U.S. President and U.S. Army General Dwight D. Eisenhower once said, “plans are worthless, but planning is everything”. It makes sense, therefore, to task the British civil service with planning for a range of possibilities, including a no-deal scenario. That sounds an ideal way towards a resilient strategy. But the planning only started a year ago, thanks to David Cameron’s refusal to contemplate a Leave vote in the run-up to the referendum. Since then, and as noticed by the EU’s negotiators, Britain’s negotiators have struggled to grasp the detail because there’s so much for them to do. This hasn’t stopped British Ministers from promising to achieve great things. They ignored that they lacked a way – and the time –to settle Brexit in the two-year timeframe provided by Article 50. They forgot that under-promising and over-delivering is a shining virtue; vice versa, a mortal sin.
Means
With no clear end and inadequate and confused ways, it should come as no surprise that Britain has been unable to prepare, configure, or effectively deploy the means it has available. The means are plentiful: staff, money (not least Britain’s budgetary contributions), legal positions, diplomatic support from allies, trade deals, military and security capabilities, the status of UK and EU citizens, Britain’s trade relationships with the rest of the EU, the power of the City of London, and so forth. One reason Britain has struggled is because its diplomatic means in Europe are not what they once were. Before the referendum, a great deal of EU business was conducted via Brussels. Large parts of Britain’s diplomatic resources throughout the rest of the EU were redirected towards areas of the world outside Europe, especially emerging powers. That now must be rebalanced.
Britain also needs replacements for EU regulators, additional civil servants to undertake new work, new facilities at ports, new IT systems to address changes in how trade is handled, and much more. None of this is impossible and work has begun, but it’s still in the early phases. The rest of the EU knows this. Those who compare Brexit negotiations to a poker game overlook how both sides know exactly what the others hand is. Threatening to walk away from the EU when you won’t have the means in place to deliver a ‘hard Brexit’ in a way that doesn’t inflict real and lasting damage is a bluff the other side sees straight through.
Assessment of Risk
Britain’s assessment of the risks involved in Brexit has been lacking. In triggering Article 50 when she did, Theresa May made time an ally of the EU and increased the risk of Britain not having a settlement in time for an exit it wanted. The British government forgot what the ancient Chinese general Sun Tzu argued in the 5th century BC: ‘The victorious strategist only seeks battle after the victory has been won, whereas he who is destined to defeat first fights and afterwards looks for victory’. Having jumped headlong into Article 50 negotiations, Britain has come to realise over the past year that it needs to look for a way to victory.
Assessment of the EU
Assessment and understanding of the EU, the UK’s opponent in Brexit, has been limited. May’s speech in Florence was billed as a ‘re-engagement with Europe’. That will have perked up the ears of the rest of the EU, because, as the outgoing French ambassador in London recently noted, the UK has spent the past year talking to itself about Brexit. Leaders and decision makers elsewhere in the EU have routinely denounced talk such as ‘having your cake and eating it’, and done so to the point of ridicule. Yet with donkey-like stubbornness, some British ministers have continued to repeat and, even worse, believe their own rhetoric. Mrs May and the rest of the UK’s leadership need to recognize that the EU is changing and that Britain’s place in Europe will be shaped by this dynamic, and not only by its own hopes and plans for Brexit. Brexit is but one of several challenges and opportunities confronting the EU, among them the pressures facing the eurozone, Schengen, Russian relations, the future of NATO and ties with the U.S. How the EU responds to these pressures will determine its place in the world and frame its future relationship with Britain.
Does this mean Britain is doomed to lurch from one Brexit crisis to the next, resulting in catastrophic humiliation for Britain? Not necessarily. Britain might have over-reached in the first phase of Brexit negotiations, but it’s still too early to evaluate the full significance of Brexit and whether the old phrase holds that you can lose a battle but win the war. That, of course, depends on where Britain and the EU end up in the 2020s in terms of their relations and relative power in the world and in Europe. The rest of the EU has its own weaknesses. Strategies for saving the euro have sometimes been nothing more than glorified exercises in muddling through, with EU decision-makers often making donkeys of themselves. The only strategy that can realistically work is one based on mutual self-interest, where losses are minimised for both sides. However, it remains unclear whether Britain, or the EU, can find ways towards this.
This post first appeared on the Dahrendorf Blog.
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Although little evidence supports the existence of welfare tourism, the EU’s Court of Justice has increasingly adopted this economic rationale in its rulings, writes Charles O’Sullivan. He argues that the court, having departed from its original legal test for social assistance claims in several decisions, is bowing to political pressure on access to welfare support.
The ‘welfare tourist’, despite a lack of evidence to support its existence, is considered to be a migrant who moves to another state with the specific intention of taking advantage of its more generous welfare system. The European Parliamentary Research Service however believed that the current invocation of this category of migrants has little to do with them.
Rather, it is the economically-inactive generally as well as the current rules supporting free movement that critics oppose, despite EU law mandating that EU citizens do not become an ‘undue burden’ on the national social assistance system. Yet the Court of Justice of the European Union (CJEU) has begun to utilise this language both directly and indirectly within its own judgements in recent years with greater frequency.
The ‘Undue Burden’ in Directive 2004/38/EC
Directive 2004/38/EC regulates the right to residence and social assistance for EU citizens regardless of their economic activity. The right to move and reside freely is contained in Articles 6, 7 and 16 of the directive, and outlining the conditions applied to residence in a host state for less than three months, between three months and five years and over five years, respectively.
Article 7 in particular makes clear that those resident in a Member State between three months and five years cannot become an ‘undue burden’, and must ensure that they possess adequate financial resources and health insurance. Where they are capable of being deemed as such, they may lose their right to reside and, in some circumstances, can be removed on this basis. Article 14 does underline that an EU citizen cannot automatically be deemed an undue burden and removed simply by attempting to access the national social assistance system.
The Brey Test
It was not until the Brey case that the CJEU specifically adopted a set of criteria a Member State should apply to the economically-inactive making a social assistance claim who does not retain worker status. The court made clear that, before a social assistance claim is refused, the relevant welfare authority within a Member State must consider: if it is merely a temporary difficulty; the applicant’s length of residence; any relevant personal circumstances; the amount that would be paid to them; and how many others would be in the same position (Paras 64 and 78).
For a small subset of individuals, this would have granted them a presumptive right to access social assistance, albeit one which was still a very limited right and one which would place their residency in a degree of jeopardy. It was still possible for such persons to be considered an undue burden once they had been granted access and their limited period of access had elapsed.
Dano as ‘Evidence of Welfare Tourism’
A short time later, the decision in Dano confirmed that the court had significantly reassessed the Brey decision and was adopting the ‘welfare tourist’ as a specific exception to this rule. The case involved a Romanian national who, along with her son, lived with and was cared for by her sister in Germany. She was subsequently refused a social assistance payment which as a secondary purpose facilitated access to the labour market and argued that this was discriminatory under EU law as EU citizens were not entitled to it.
Rather than focusing on this question, the CJEU emphasised that Ms Dano had no intention of working, and was a ‘fairly blatant’ example of welfare tourism. Very little was made of the fact that she had been resident in Germany for some time, had been granted an unrestricted right to residence, and was already in receipt of other social assistance payments. Nor did the court consider that she was low-skilled, and had a low level of spoken and written German comprehension. Due to her lack of economic activity, the court distinguished it from the criteria set out in Brey as well as overruling the German authorities by saying that she would no longer have a right of residence under EU law.
Subtle Restatement in Alimanovic
In Alimanovic, the German state sought to clarify whether or not it had acted justly in cutting off a Swedish jobseeker from the same broad category of payment at issue in Dano once the applicant’s statutory entitlement had elapsed. In finding in favour of the German authorities, the CJEU held that, whilst Ms Alimanovic would not herself constitute an undue burden on the state, to limit a Member State’s authority in this area could lead to unreasonable demands being made on its welfare system (Para 62).
The applicant’s surrounding personal circumstances were again not considered, and the court made several mentions of the Dano decision before concluding that Brey was not applicable, despite it being unlikely that her continued receipt of this payment would be more than temporary. The broader argument concerning the sanctity of the national welfare system and need to limit the access of others to social assistance, a tacit reference to welfare tourism, superseded her personal circumstances.
Limited Rights for All?
The most recent and perhaps the most worrying continuation of this trend took place in Commission v UK, which dealt with social security for the economically-active, a statutory right. Yet the CJEU allowed conditions not present in the rules governing access to social security, but included in Directive 2004/38/EC, could be applied by Member States in order to protect the financial security of their welfare systems and to verify entitlements (Para 80).
In justifying this approach, the CJEU invoked both Dano and Brey, and signalled that further changes targeted directly and indirectly at the spectre of welfare tourism remain all too present in this area. From this we can see that economic arguments are now being adopted as a general rule in all areas of EU welfare law due to external political pressures from, as well as within, the Member States.
Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.
Shortlink for this article: bit.ly/2ypwR6U
Charles O’Sullivan | @oscharles
Maynooth University
Charles O’Sullivan is PhD Candidate in Law at Maynooth University. His research focuses on access to social welfare in Ireland for different types of migrants under EU and Irish law.
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The European Union (EU) referendum result has led to the unfolding of a domestic constitutional drama in the United Kingdom, which on its current trajectory could lead to its break-up. This is the first of two blog posts which maps the initial trajectory by considering the roles of the key institutional actors in the drama so far. The second post will consider the impact of the European Union (Withdrawal) Bill, published in July 2017 and to be debated by the UK Parliament in Autumn 2017, on this constitutional drama.
Setting the scene
Within the framework of the current devolution settlement, the UK’s withdrawal from the EU will mean that Scotland also leaves, despite 62% of the Scottish electorate voting to ‘remain’. However, EU law is embedded within Scotland’s devolved constitutional landscape – the devolved administrations are required to honour the obligations of EU law – and a UK withdrawal from the EU will have direct and significant impacts on the devolution settlement as currently designed.
This sets the scene for a constitutional drama which has been slowly unfolding since 24 June 2016.
Act 1
Enter – the Scottish Government
The referendum result has prompted calls from Scotland’s First Minister to ‘take all possible steps and explore all options to give effect to how people in Scotland voted.’ Short of a second independence referendum which, if successful, would allow Scotland to become an EU Member State in its own right, consideration, as promised, has been given to whether Scotland could remain in the EU without seeking independence in two position papers: Scotland a European Nation and Scotland’s Place in Europe.
Although legally feasible, implementation of the plan set out in these papers would require a high level of political will and legal creativity at both the UK and the EU level. However, the UK Prime Minister has not so far shown any signs of willingness to permit Scotland to negotiate a differentiated position as part of the Brexit negotiations.
Act 2
Enter – The UK Government
The UK Government’s reaction to its counterpart’s calls from Holyrood to respect the decision of Scottish voters to remain in the EU has been muted. Aptly summarised under the title of the ‘May Doctrine’ the UK Government is said to be proceeding on the basis of two assumptions: first, that a certain course of action, namely Brexit – however vaguely defined in its specifics – is irresistible. Second, that the UK executive alone has direct responsibility for the implementation, delineation and definition of Brexit (Blick, 2016).
The ‘May Doctrine’ is clearly enunciated in Theresa May’s Brexit speech, given on 17 January 2017, in which the Prime Minister made it clear that there would be no accommodation of Scotland’s desire for a differentiated relationship with the EU. Doubts were also cast in this speech, and in the government’s subsequent White Paper, over the future remit of the Scottish Parliament. It is often assumed that those powers currently exercised by the EU which fall within devolved competence will be repatriated to the Scottish legislature. In her speech, Theresa May instead suggested instead that it would be left to the UK Parliament (with no mention of the devolved administrations) to decide on any future changes to the law. This position has been confirmed in the publication of the European Union (Withdrawal) Bill; a preliminary overview of which can be found here (for more detail on the devolution aspect see blog post 2).
Despite much rhetoric to the contrary the UK government’s position on Brexit expounded to date appears to diminish rather than value the devolved constitutional landscape of the UK and the voices of the administrations within that. There is no legal means by which those voices can be taken into account and a flawed intergovernmental talking shop (the Joint Ministeral Committee) is apparently not providing a meaningful forum for genuine discussions based on mutual trust and respect. With the stakes so high, this is a sorry situation indeed, and in all likelihood, a constitutional collision course in the making.
Act 3
The Supreme Court has taken the place of the third actor in this constitutional drama. In R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 the Court was asked whether the UK Government had the power to give formal notice of the UK’s withdrawal from the EU (to ‘trigger article 50 TEU’) without prior parliamentary authorisation through a legislative Act. The outcome of the case in respect of this question is well known: namely that an Act of Parliament is required to authorise ministers to give notice of the decision of the UK to withdraw from the EU. However, the Court was also asked to examine the role of the Sewel Convention which provides that the UK Parliament will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament. Given that the decision to leave the EU directly impinges on a considerable part of the work of the Scottish Parliament and Scottish government on issues ranging from agriculture and fisheries, environmental protection to higher education and research, the argument was led that the UK Parliament required the consent of the Scottish Parliament before it could trigger Article 50 TEU.
The Supreme Court unanimously held that the Sewel Convention effectively restates a constitutional convention rather than a legally binding obligation. The Court did not reach a conclusive decision on whether consent was required as a matter of convention but did decide that the devolved legislatures lack the legal power to block the triggering of Article 50 TEU.
The decision of the Court in this respect may well contribute to the heightening of tensions within our current constitutional drama as the European Union (Withdrawal) Bill will be subject to approval by the Scottish Parliament through a legislative consent motion. Both the Welsh and Scottish governments have indicated their refusal of consent following the publication of the Bill (see blog post 2).
Act 4
The Supreme Court’s decision in Miller has been described as simply putting ‘the Brexit ball firmly back in the [UK] parliament’s court.’ Only it, through the adoption of a statute – and not the UK Government – could allow Article 50 TEU to be triggered and both the House of Commons and the House of Lords agreed to give the Prime Minister the power to trigger Article 50 TEU. The UK’s notification of withdrawal was sent on 29 March 2017. The UK Parliament will have a significant role to play in relation to the EU (Withdrawal) Bill and will be required to adopt a raft of additional legislation (yet to be drafted) within an extremely short timescale.
Final Curtain?
All eyes are now back on the Houses of Parliament as the European Union (Withdrawal) Bill makes its way through the legislative process. The disappointing outcome of June’s general election which returned a ‘hung’ parliament has seemingly emboldened some (government and opposition) MPs to question the government’s stance on Brexit. At the same time, the Scottish government’s position has been seriously weakened by the loss of many of its MPs in the election.
The Bill itself may result in fundamental changes being made to the devolution settlement and given that devolution has embedded itself increasingly into the fabric of the UK constitution over its almost 20 year history, it seems unconscionable that it might be at breaking point – but on the basis of performances given thus far in the drama, it is, at least when viewed from North of the Border.
This blog post is a shortened version of a longer piece
which appeared as M. Fletcher and R. Zahn,
‘Brexit, the UK and Scotland: the story so far:
A constitutional drama in four acts’
in G. Hassan and R. Gunson, Scotland, the UK and Brexit:
A Guide to the Future, Luath Publishing, Edinburgh, 2017
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Giving a tutorial on practice based and problem solving research
Sandra Hasanefendic
Fostering regional and innovation ecosystems through strengthening professional higher education and related research activities has been an imperative in recent years in Europe and globally. I have been personally involved both as a researcher, and expert adviser in understanding how and through which mechanisms can this be achieved. In recent years, I have been following and supporting the development of a program for the Modernization and Valorization of Polytechnic Institutes in Portugal. The comprehensive policy program was launched in 2016 at the initiative of the Portuguese Government and acts in more than fifty cities all over Portugal and aims to: a) promote local innovation partnerships through collaborative initiatives and co-creation mechanisms between polytechnics, local communities and a wide variety of small and medium size companies; b) foster problem based and practice oriented learning and research approaches to help innovate in professional higher education; and c) to secure knowledge sharing on educational practices and professional development across Europe through international collaboration among regional-based partnerships.
The policy program is built on inclusive, open and fully participatory community principles. It is a symbol of participatory policymaking in Europe centered around dialogue, negotiation and decision making among and between academic leaders and teachers/researchers, students, experts from local communities and companies in a wide variety of sectors, as well as across different countries. Its consequences are already greatly felt in Portugal, but it is predicated that the program will have far reaching consequences for the state of polytechnic education and research in Europe. Namely, it will promote internationalization of professional higher education which has mostly been local, while at the same time stimulate innovative research activities based on regional partnerships. This is expected to additionally strengthen the role of professional higher education institutions as intermediaries in regional and innovation ecosystems which has been recently discussed by me and my colleague Hugo Horta in “Training students for new jobs: Intermediary role of technical and vocational higher education”.
In the first phase of the program, targeted visits of polytechnic representatives to Finland, Netherlands, Ireland and Switzerland were stimulated. It was expected that this experience would lead to learning and gaining experience about the emerging professional higher education and related practice-based research activities in Europe. The second phase involved knowledge dissemination workshops, organized throughout the country and at different institutions, through which acquired knowledge and developments in other visited countries were shared. These workshops stimulated dialogues about lessons learned, but they also aimed to explore the current state of professional higher education and related research activities in Europe through tutorials and potential opportunities for improvement and innovation based on experience, yet within the limits of the national socioeconomic context.
The third phase of the program consisted of introducing targeted initiatives exploring aforementioned opportunities and promoting change at Portuguese polytechnics. The initiatives concentrated around the promotion of funded collaborative research projects between polytechnics and local industry and community, setting up creative research labs to promote polytechnics’ integration with their region through problem based and practice oriented research activities, and the promotion of short cycle technological courses resting on innovative learning methodologies promoting problem based and practice oriented research. It has involved the use of European structural funds and national funds in a total of 46 million Euros for a period of 18 months.
The current phase concentrates on the promotion of internationalization activities and partnerships between European professional higher education institutions and associated research groups. Within this framework, the Portuguese Minister of Science, Technology, and Higher Education recently visited Dutch polytechnics in Rotterdam and Leeuwarden and agreed on strategic international partnerships promoting long term collaborative activities between polytechnic institutions in Europe.
These international partnerships are critical in sharing learning perspectives and developments in professions to train resilient and engaged students and professionals of the future. It is expected that the partnerships will benefit students by fostering dual and joint programs, exchange in research projects among others, and contribute in gaining a more rounded understanding of their profession. Professions are not local but globally developed and by exposing students and staff to the same profession, yet in different environments and contexts, and through problem based and practice oriented research activities, the idea is that they will be able to advance the state of the profession in their local and regional contexts within Portugal.
Sandra Hasanefendic is a double doctoral degree student from the Vrije University in Amsterdam, The Netherlands, and ISCTE – Instituto Universitário de Lisboa (ISCTE-IUL) in Portugal. She researches organizational behavior in higher education. Her focus lies on non-university higher education (or professional higher education) and responses to policy pressures regarding research and innovation in education and training. Sandra also teaches, consults and advises policymakers on issues relevant to advancement of professional higher education and research activities in Portugal and the Netherlands.
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I would like to take a look at the factual and legal aspects of Russia´s aggression against Ukraine´s territorial integrity in early 2014. Indeed, to what extent has the international law been violated and what are the consequences?
In February 2014 Russian authorities used the internal political conflict in Ukraine to deprive the Ukrainian state of its control over Crimea by attacking the Crimean Parliament and blocking the peninsula’s infrastructure as well as power ministries´ units with “unidentifiable” “green men”, which later turned out to be Russian military and security forces. Further, a fake, internationally condemned, referendum with rigged results was held in order to give the affair a flair of justice, and to absorb Crimea with apparently legal means.
As far as the relations between Russia and Ukraine are concerned, they are contained in a number of bi- and multilateral agreements. The 1994 Budapest memorandum was concluded providing Ukraine with security assurances for giving up Soviet nuclear weapons. USA, UK, Russia committed to “respect the Independence and Sovereignty and the existing borders of Ukraine” and reaffirmed their obligation to refrain from the threat or use of force against the territorial integrity or political independence of Ukraine, and that none of their weapons will ever be used against Ukraine except in self-defense or otherwise in accordance with the Charter of the UN.
The Constituent Act of the Community of Independent States of 1991 set out the principles of respect of the existing borders, with Russia relinquishing any challenge to them. In 1997 the Treaty on Friendship, Cooperation and Partnership, and the Black Sea Fleet Status of Forces Agreement, prolonged until 2042 in 2010 by the so-called Kharkiv Accords, were concluded between Russia and Ukraine, reaffirming again the inviolability of the borders between both states.
Kremlin claims the legality of its actions under two concepts of international law: the protection of nationals abroad (Articles 2(4) and 51 UN Charta) and intervention upon invitation. Both, upon consideration, don’t find factual support for referring to. Rhetorical claims of Putin have no legal value and can not supplement existing case law and international practice.
General Assembly Resolution A/RES/68/262 of 27.3.2014, adopted with 100 votes,
58 abstentions, and 11 No-votes, has called upon states not to recognize any alteration to the status of Crimea and the city of Sevastopol. Russia violated the following United Nations Charter provisions:
- Article 1.1: UN´s purpose is to maintain international peace and security.
- Article 2.3: All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
- The use of force is prohibited (Article 2.4), as is intervening in another state’s domestic affairs and territory (Article 2.7).
- Armed intervention is only justified when mandated by the UN Security Council under Chapter VII or in case of self-defence.
The EU´s reactions include diplomatic sanctions adopted by the EU (the unilateral suspension of visa facilitation talks, negotiations on the New Agreement, and the EU-Russia Summit); level 2 restrictive measures based on Article 29 TEU (CFSP Decision) + Article 215 TFEU (Regulation); and level 3 economic sanctions (e.g. arms, oil, gas and other trade embargoes).
The Organization for Economic Cooperation and Development (OECD) suspended the accession process of Russia and began strengthening ties with Ukraine. The OSCE Parliamentary Assembly has accused Russia of the breach of the basic principles laid down in 1975 Helsinki Final Act, 1990 Charter of Paris for a New Europe, and condemned Russian actions in Ukraine in 2014 “Baku Declaration” and in 2015 “Helsinki Declaration”.
The Parliamentary Assembly of the Council of Europe (PACE), declaring that Russia’s annexation of Crimea was “in clear contradiction with the Statute of the Council of Europe” and the commitments Russia made, when it joined the organisation in 1996, has decided to suspend the voting rights of the Russian delegation, as well as its right to be represented in the Assembly’s leading bodies, and its right to participate in election observation missions. In its resolution, adopted by 145 votes in favour, 21 against and 22 abstentions, the PACE Assembly stated that the military occupation of Ukrainian territory, threat of military force, recognition of the illegal referendum and annexation of Crimea “constitute, beyond any doubt, a grave violation of international law”.
Ukraine pursues many courses of action. Thus it has filed a claim at the European Court of Human Rights in Strasbourg, but the options beyond this are limited, lawyers agree. Russia does not recognise the jurisdiction of the International Court of Justice, while its position as a Permanent Member of the UN Security Council means little chance of formal UN sanctions given its possession of the veto. Ukraine intensified its cooperation with partner states, EU, NATO, Visegrad, etc. thus adopting a clear European course and building a significant coalition of states.
This case raises structural questions regarding the development of international law. If the conflict is not solved promptly, it may serve as a precedence and justification for further violation of legal practice, bringing uncertainty, potential chaos and unenforceability into any international agreement.
Calls for reforms in the UN Security Council composition, procedures and competences intensify since 2014, and if not attended to, may lead to further de-legitimisation of the UNO.
Besides, we witness qualitative and quantitative proliferation and legalization of the “hybrid war” methods, by military masking the uniforms or mercenaries, but also through manipulation, propaganda and fakes, with growing significance of populistic rhetoric for legitimizing the breach of legal norms, irrespective of factual background and international law.
Russia´s actions have a transformatory influence on international politics and institutions, since giving up or non-proliferation of the nuclear weapons in return for guarantees has lost its credibility.
Given the usual lack of legal remedies in international relations, the value of international commitments fell sharply. This fall is exacerbated by unwillingness of the guarantor states, EU, NATO, UNO, OSCE and other entities to address the conflict in a serious manner in order to provide for effective remedies for law and treaty enforcement, de-occupation and de-escalation of aggression.
By annexing Crimea Russia raised fundamental questions about the principles of world order. For Russia itself the annexation is a watershed event, which dramatically intensifies the internal political and economic burdens, that Russia’s authoritarian regime is faced with. In the long run, many scholars predict disintegration of the Russian Federation territory into more cohesive legal entities in accordance with economic, socio-cultural, ethnic and historical legacies, all according to the “principles” Russia itself set in motion in 2014.
A. Svetlov
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The prevalence of cybersecurity threats against state infrastructure demonstrates the need for an effective European and national response, writes Eva Saeva. Focusing on the UK, she argues that, while legal measures are important, the fast-changing nature of the situation means that other avenues, such as public-private cooperation, are also essential.
The first major cyberattack on a nation state occurred ten years ago, in Estonia in 2007. The attack uncovered a grey area in the field of international law, and policy-makers and security experts were caught off guard.
In the years to follow, malicious activity exploiting the virtual space’s endless possibilities and vulnerabilities rapidly evolved and attacks on critical infrastructure increased significantly (e.g. in Georgia in 2008, the Stuxnet worm in Iran in 2010), creating a whole new domain of war – the online borderless world of cyberspace. But international law followed suit and scholars, decision-makers and even the UN agreed that existing international law applies to cyberspace and any comparison with the ‘Wild West’ was deemed as groundless.
Regardless, many questions remained unanswered. For instance, what actually constitutes a harmful cyber operation and who can perform such a powerful attack? The term ‘harmful cyber operation’ means any malicious activity that targets critical infrastructure sectors (e.g. electric grids, nuclear power plants, air traffic control, hospitals, etc.) of another state that can cause major damage, death or destruction in the physical world.
This can be conducted by a group sponsored by a state, or a non-state actor, acting independently. While these attacks might not always cross the threshold of use of force (prohibited by Article 2(4) of the UN Charter), they can still cause major consequences for the victim state and violate its sovereignty or the principle of non-intervention.
The European Union has not been immune from these developments. In the EU, cyberattacks (both harmful and non-harmful) against government institutions and critical infrastructure have significantly increased in recent years (e.g. in Italy in 2014, in Germany in 2016, and most recently, in a number of EU countries with the WannaCry ransomware).
Legislation on the malicious use of the virtual space at national level is different in all Member States. However, due to the interconnected information and network systems, an attack against one Member State will likely have a spill-over effect that could lead to breaching the security of the whole EU. Therefore, the need for a supranational legislation on cyberspace is clear.
As a result, after years of negotiations on promoting closer cooperation on issues such as data protection laws and the internal security of the Union, the Network and Information Security (NIS) Directive, the first comprehensive EU cybersecurity legislative instrument, entered into force in August 2016. It aims at harmonising and stabilising the level of cybersecurity across the Union through public-private cooperation.
The urgent need for such cooperation reflects the awareness that critical infrastructure sectors are mainly managed by private businesses (or ‘operators of essential services’, as per the NIS Directive) with their own rules and regulations. If states want to achieve a certain level of cybersecurity, public and private actors need to start cooperating more.
Case study: The UK
The UK represents an interesting case for analysis, mainly because of its approach to cyber issues: cyber has been considered a Tier One threat to national security since 2010. In light of Brexit, many will wonder whether or not the implementation of the NIS Directive into national law will happen. The answer is yes. The transposition has to be completed by May 2018, which means that the UK will have to do it regardless of Brexit.
Whether a new law will be introduced or present legislation will be adapted is still unclear. And while in many states the NIS Directive will fill in a void, this is not entirely the case with the UK. Although there is currently no Cybersecurity Act, the UK is one of the states with some cyber-related legislation regulating the security and intelligence agencies’ work, specifically the Government Communications Headquarters (GCHQ), which deals with cyber issues.
The law currently in force is the Investigatory Powers Act (IPA) 2016, which legalised bulk equipment interference powers, previously known as computer network exploitation and today known as hacking. In other words, the IPA legalised what has already been stated in the National Cyber Security Strategy 2016 – that the UK is developing offensive cyber capabilities.
The recent WannaCry global ransomware attack and its impact on the UK’s National Health Service (NHS) provides a clear rationale for the timely adoption of the NIS Directive. The issue with hacking medical records is far from new. It was already the subject of discussion in the UK back in 1991 when the ‘unpleasant aspects of these new systems of technology’ were acknowledged in relation to hacking into hospital computers.
Yet 26 years later, the WannaCry attack caused major disturbances and a halt to the work of the NHS. The virus hit devices using Windows XP – an outdated and unsupported version of Microsoft software, highly vulnerable to attacks, a fact the NHS was aware of. However, even though the NHS is a critical infrastructure sector, there is currently no law in the UK that enforces security measures for network and information systems, which, if present, would have technically prevented the attack.
This gap was also acknowledged in written evidence provided by Google, Yahoo, Microsoft, Apple, Twitter and Facebook on the Investigatory Powers Bill, which argued that the draft bill failed to provide statutory provisions on ‘the importance of network integrity and cyber security’. In cases like this, the great importance of the NIS Directive becomes obvious.
Even though the NIS Directive is an excellent initial step towards better coordination and safer cyberspace across the Union, it will be years before its effectiveness can be demonstrated. The problem is that the process of adopting law is time-consuming and cannot keep pace with technology. Laws cannot be amended immediately after a new network, device or software update has occurred. There are always going to be zero-day vulnerabilities to be exploited by security agencies and/or criminals. What the NIS Directive can do, however, is minimise the risk of further Wannacry incidents.
Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.
Shortlink for this article: bit.ly/2whkVqg
Eva Saeva
Newcastle University
Eva Saeva is PhD Candidate in Law at Newcastle University. Her research concentrates on the EU’s legal approach to cybersecurity.
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While last year’s Brexit vote marked a watershed moment for the European Union, its impact on EU foreign policy might remain limited, writes Ragnar Weilandt. He argues that the UK’s dual role as a provider of capabilities and occasional driver of policy on the one hand, and as an obstacle to constructing common institutions and positions on the other, means that these contradictory influences are likely to cancel each other out.
Brexit means that the European Union loses one of only two Member States with strategic ambition, a capable military, a nuclear deterrent and a permanent seat on the United Nations Security Council. It also loses a driver of key foreign policies such as enlargement, trade liberalisation and the global fight against climate change. At the same time, Brexit rids the EU of a member which regularly obstructed attempts to create or strengthen common institutions and to speak with one voice on the global stage.
Despite Britain having played both these fundamental and contradictory roles, it seems unlikely that Brexit will have a major impact on the EU’s presence in international affairs. British contributions might seem important for the EU’s Common Security and Defence Policy (CSDP). However, both France and the UK, which kick-started EU defence with their Saint-Malo Declaration in 1998, lost interest in the CSDP long before Brexit.
Most ongoing missions are rather unambitious and limited in scope, and British contributions in terms of personnel and equipment have been marginal in recent years. Rather than using the Permanent Structured Cooperation mechanism established by the Lisbon Treaty, the 2011 Franco-British Lancaster House Treaties established substantial bilateral military cooperation without any formal links to the EU.
Brexit might not affect the EU’s foreign policy preferences either. Enlargement, arguably the EU’s strongest source of influence beyond its own borders, is on hold for the foreseeable future. With Britain having moved from an enthusiastic supporter to enlargement sceptic in recent years, its views have largely converged with those of the remaining Member States. A victory for Remain in last year’s referendum would not have made much of a difference.
Meanwhile trade liberalisation and climate action have become second nature to the Union. Therefore, the loss of British influence is unlikely to have a major impact in these sectors either. Whether ambitious free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) are eventually concluded would have depended more on public discontent in continental Europe than on the British government’s stance anyway.
While Brexit will probably not affect the EU’s modest role on the global stage, it is also unlikely to enable a rapid progression towards a more integrated and substantial common EU foreign policy.
It is true that the UK has often spearheaded efforts to undermine the creation of a more ambitious EU foreign policy. Having failed to prevent the creation of the European External Action Service (EEAS) in its current form, the UK engaged in political guerrilla warfare against what it saw as ‘competence creep’. On various occasions, British ambassadors blocked EEAS officials from speaking at international organisations and from issuing joint statements on behalf of the EU. The UK government even challenged the Commission’s exclusive authority over trade negotiations, in spite of this being completely in line with its own approach to international trade.
However, while Brexit removes a key obstacle to further and more substantial common external action, the view that foreign policy should remain the prerogative of the Member States is by no means limited to London. Along with the currently rather Eurosceptic climate in continental Europe, this makes major leaps towards a more integrated EU foreign policy appear rather unlikely in the short term.
Recent initiatives such as the establishment of a Military Planning and Conduct Capability (MPCC) facility or the €5.5 billion European Defence Fund have raised hopes among federalists. The timing of their announcement was indeed quite symbolic. But these initiatives had been in the pipeline for quite a while and are limited in scope and ambition. Rather than a first step towards an integrated EU army, they represent a continuation of the pragmatic but modest efforts that have been made in recent years.
Although no major short-term changes should be expected with regards to institutions and policy preferences, the British decision to leave the Union is likely to affect the EU’s standing on the global stage. The Union’s international credibility has already suffered due to its inadequate reaction to the Eurozone sovereign debt crisis and the refugee situation in the Mediterranean. Brexit is likely to further undermine its reputation in the international arena. This is not only due to the Union losing a key member state with major strategic, economic and diplomatic capacities. It also relates to the fact that the EU is loses a member at all.
The reality that the EU has ceased to be sufficiently attractive even for one of its own members undermines its ability to promote its model as well as its norms and values towards third states. Hence, Brexit further reduces the EU’s soft power, which is arguably one of its greatest sources of international influence.
Whether this trend can be reversed depends on how the EU deals with the challenges that lie ahead. Recent political developments warrant cautious optimism. While Britain is plunging into chaos, the EU looks stronger and more stable than it has in quite a while. The Union’s economic situation is improving, its Member States have shown unprecedented unity on the Brexit talks and there is increasing support for structural reforms. And most crucially, European citizens’ support for further European integration is finally on the rise once again.
Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.
Shortlink for this article: bit.ly/2fLY13Z
Ragnar Weilandt | @ragnarweilandt
Université libre de Bruxelles and University of Warwick
Ragnar Weilandt is PhD Candidate in Politics at the University of Warwick and the Université libre de Bruxelles. His research focuses on EU foreign policy and Euro-Mediterranean relations.
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The post Why Brexit’s Impact on EU Foreign Policy Might Remain Limited appeared first on Ideas on Europe.
I’m wrapping up for a summer break, just as more Brexit stuff is about to be released: tant pis.
While we wait for that – and it might not come to much - I’d like to revisit a theme that has long floated about the Brexit debate, namely the weak/strong paradox.
Simply put, many of those who argue(d) for Brexit said that the UK was weak within the EU. It is pushed around, made to do things that it didn’t want or like, and generally got the sharp end of the stick. But if the UK left, then it would be strong, able to play a major role in the world and pursue its interests with much more ease, including with the EU, who would have to take what the UK offered.
Hopefully the paradox is evident, especially when one asks why it should be that as an insider the UK should have less power and agency than as an outsider.
As much as an answer exists, it points to the UK becoming stronger by no longer having to be involved in the large amount of EU activity that it never cared for – a ‘getting back to basics’-type argument – and to the presence in the British polity who have betrayed the national interest by working to support the EU – the ‘fifth column’ line. You can see where both come from, even if neither stands up to very close inspection.
I’ve been reminded of all this by some of the news stories and discussions this week (like this and this), that come back to a core frame of “it’s the EU’s fault”.
“It” here means pretty anything you like.
Over the past couple of years, we’ve seen the EU blamed for not giving enough to Cameron in his renegotiation, giving too much, giving the wrong sort of thing, getting involved in the referendum, not getting involved enough, pushing too hard for Article 50 notification, not negotiating outside Article 50, pushing its agenda too much in Article 50, pushing the UK around too much in Article 50, trying to backslide on Brexit, trying to push for punishment of the UK: at that’s off the top of my head. You’ll have other examples.
Think of this as the manifestation of the weak side of the paradox: if it weren’t for those pesky Europeans, we’d be fine.
Oddly, the strong side has become more muted of late. Yes there is still talk of how the UK is – comparatively – a strong and stable partner, but the language is very much on the lines of “we can work something out”, “it just needs some common sense” and “it’s in our mutual interest”, i.e. more phatic than substantive.
The big gaping hole remains the lack of a clear plan from the UK for the process: I’ll not rehearse that again, except to say that the biggest surprise is that this should still be an issue, so late in the day.
You might think of this as an extension of the referendum campaign: both sides fought hard to win the vote, but neither engaged in a debate about what their outcome was good for.
Of course, the EU makes a very convenient scapegoat: it does lots of things, it is easily portrayed as ‘other’ and it isn’t good at defending itself. It’s not just the UK who does this, which is why euroscepticism is a continent-wide phenomenon.
But here, in the context of Brexit, the most striking thing is how the EU continues to be treated as the source of all woes. I have no doubt at all that whatever results from Article 50, the EU will be blamed for making/letting it happen. Indeed, there will be even greater incentives to do so: I mean, what can the EU do? Kick us out?
The point to be kept in mind is that this is a reflection on the UK’s agency.
As a first cut, it highlights the thinness of the British position now: if there was a plan, then the plan would be the focus of discussion, instead of how the EU is being difficult. In the absence of a constructive agenda, one falls back on to sniping.
As a second cut, it remains us that the international system is not one where states have anything like complete agency: whatever its relationship with the EU, the UK is going to be buffeted about by the world and its events. It may not be anarchic but it is tough (doubtless there’s a bunch of IR theorists who can argue this at much greater than I can).
When we talk about the UK needing a plan for Brexit, it has to be a plan that is not just about the EU and Article 50, but also about the wider future. Grumbling about the water in the meeting room isn’t going to be enough.
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