Shattering the Single European Sky: Argument from authorities in dealing with the SES initiative (original) (raw)

The relation between the European Commission and the EU member states in the transatlantic Open Skies negotiations: an analysis of their opportunities and constraints

This article examines the internal decision-making process in the European Union with regard to the 2007 EU-US Open Skies Agreement. By exploring the principal-agent relation between the European Commission and the member states, it analyses the constraints and opportunities the Commission faced in avoiding an involuntary defection. Based on interviews and document research, the process-tracing in the article reveals that the main constraints for the Commission were the high degree of political sensitivity in certain member states, the struggle over external aviation competences, and an ambitious mandate. However, during the process, the Commission was able to overcome these constraints by making use of the following opportunities: closely involving the member states in its negotiation task and increasing the cost of no agreement for the member states, not at least by making an appeal to European allies, such as the Court of Justice, the Presidency, and member states with Commission-like preferences.

Negotiating the Single European Act: national interests and conventional statecraft in the European Community

International Organization, 1991

The unexpected approval in 1986 of the Single European Act and its program for completing the European Community's internal market by 1992 did not, according to the historical data presented in this article, result from an elite alliance of the European Community Commission, European Parliament, and pan-European business groups. Instead, it rested on interstate bargains involving Britain, France, and Germany, for which the two essential preconditions were the convergence of European economic policy prescriptions following the French turnaround in 1983 and the bargaining leverage that France and Germany gained by threatening to create a “two-track” Europe and exclude Britain. This suggests that theories stressing supranational factors, including certain variants of neofunctionalism, should be supplanted by an “intergovernmental institutionalise” approach combining a realist emphasis on state power and national interests with a proper appreciation of the important role of domestic...

Theoretical Challenges: The European Commission through an Alternative Intergovernmental Perspective

While diverse, major theories used to describe the process of European Integration and the institutional role of the European Commission within this process engage the question regarding the role of the institution from a fundamentally similar standpoint, that of either an agent or a trustee that gains legitimacy and power as a result of the pooling and delegation of national sovereignty. Either of these approaches have inherent deficiencies. In this text I challenge both agent and trustee-based characterization of the Commission. I argue that the existing theories employ a one-dimensional vertical approach that is limited by the power relationships that characterize both agent and trustee-based vertical analysis. I depart from the theory of Liberal Intergovernmentalism by arguing that the Commission is neither a dependent agent nor an independent trustee for the member states. Rather, it is a supranational actor amongst a multitude of national actors. This is based on the understanding that the Commission, as an actor, is an independent body whose function is to generate alternatives for the solution of policy related problems. In developing this hypothesis I provide an alternative to the already existing approaches for the analysis of the role of the Commission within the process European Integration.

A genealogy of EU discourses and practices of deliberative governance: Beyond states and markets?

Public Administration

The paper offers a genealogy of 'deliberative governance' in the EUan important contemporary discourse and practice of 'throughput legitimacy' within that setting. It focuses on three key episodes: the late 1990s 'Governance' reports of the European Commission's in-house think-tank, the Forward Studies Unit (FSU); the Commission's 2001 White Paper on Governance; and the EU's 'Open Method of Coordination', which emerged in the 1990s and was widely studied in the early and mid 2000s. The genealogy serves to highlight the particular intellectual lineages and political contingencies associated with such a discourse and in so doing points to its exclusive potential in both theory and practice. In particular, the paper argues that it excludes, on the one hand, those championing the enduring sociological and normative importance of the nation-state and an associated representative majoritarianism and, on the other hand, those (excessively) critical of a functionalist, neo-liberal, market-making status quo.

Analysing shared competences in EU external action: the case for a politico-legal framework

Europe and the World: A law review, 2018

Over the past decade, the representation and performance of the European Union in international institutions in particular have been on the agenda of academics and practitioners alike.The widespread ‘representation battle’ about the issuing of statements in 2011 at the United Nations is emblematic. Several dozen EU statements in the UN were blocked for a couple of months over deep disagreement, not on content but on the mere symbolic issue of who ‘delivers’ the statement: ‘the EU’ or ‘the EU and its Member States’ in the United Nations. Internally, this issue was (only partly) solved by agreeing on a guideline for ‘general arrangements for EU statements’. The UN-representation saga is symptomatic of the difficulties that both EU and Member States actors experience more generally in international organizations and at international conferences.

Which Policy for Europe? Power and Conflict inside the European Commission

The European Commission is at the center of the European Union's political system. Within its five-year terms each Commission proposes up to 2000 binding legal acts and therefore crucially shapes EU policy, which in turn impacts on the daily lives of more than 500 million European citizens. However, despite the Commissions key role in setting the agenda for European decision making, little is known about its internal dynamics when preparing legislation. This book provides a problem-driven, theoretically-founded, and empirically rich treatment of the so far still understudied process of position-formation inside the European Commission. It reveals that various internal political positions prevail and that the role of power and conflict inside the European Commission is essential to understanding its policy proposals. Opening the 'black box' of the Commission, the book identifies three ideal types of internal position-formation. The Commission is motivated by technocratic problem-solving, by competence-seeking utility maximization or ideologically-motivated policyseeking. Specifying conditions that favor one logic over the others, the typology furthers understanding of how the EU system functions and provides novel explanations of EU policies with substantial societal implications.

The EU and External Legitimacy: The Strategic Illusion of Others

Much scholarly and public commentary has bemoaned the lack of a 'strategic' approach on the part of the EU. This commentary has suggested, for example, that the Russian government's geopolitical moves have revealed a weak European response and the absence of effective strategic thinking. This has been mirrored in wider critiques of the Union’s neighbourhood policy in both North Africa and Eastern Europe. This paper proposes a deconstruction of this external argument which appears to link the Union's external legitimacy with its capacity to pursue a state-centric, state-realist conception of action. Reducing our conceptualization of the Union in this way, effectively to that of the EU as a weak or incompetent state, fails to capture the potential of the Union's ontology and its added value as an international actor. In a state-centric, state-realist conception of 'strategic culture' and 'strategic action' the Union is inevitably a loser. The paper will conclude with a call for a more open and adroit conception of strategy through which the Union can be seen by third countries as contributing on the basis of its own comparative strengths and capacity.

Inventors and Gatekeepers? The EU Member States and the European External Action Service

This project reflects on the ambivalence of the EU member states in their relationships with the new institutional arm of European diplomacy – the European External Action Service, headed by the High Representative. While trapped in rhetorical support for stronger and better-coordinated EU foreign policy, the member states show little willingness to equip the newcomer with political mandate and room for action, and provide a case in point for the post-Maastricht integration paradox. The main aim of this paper is to shed light on the reasons for this paradoxical behaviour. Taking into consideration the timeline 2009−2014, the article looks at patterns and dynamics of the mutual cooperation between the EEAS selected member states (Germany, Poland and the United Kingdom).