for their comments. We also thank two anonymous referees for their extensive and insightful comme... more for their comments. We also thank two anonymous referees for their extensive and insightful comments on an earlier draft of this article. Responsibility for any remaining errors and omissions rests entirely with the authors.
for their comments. We also thank two anonymous referees for their extensive and insightful comme... more for their comments. We also thank two anonymous referees for their extensive and insightful comments on an earlier draft of this article. responsibility for any remaining errors and omissions rests entirely with the authors.
Why have referendums on European integration proliferated since the 1970s? How are referendums ac... more Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.
This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada Pas... more This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada Passenger Name Record Agreement that concluded that the Agreement was not compatible with the Charter of Fundamental Rights of the European Union. Not only does the Canada Agree-ment now need renegotiating if it is to enter into force but also the existing Passenger Name Record Agreements with the United States and Australia need to be renegotiated. Crucially the EU’s very own internal PNR regime will need to be revised if it is to meet the standards articulated in Opinion 1/15.
Abstract This article draws on federal theory to analyze the dynamics of crafting a privacy regim... more Abstract This article draws on federal theory to analyze the dynamics of crafting a privacy regime in the European Union and the United States. Three dimensions of the policy domain are analyzed: how policy was framed, the policy dynamics activated, and the policy ...
It has been clear since a seminal ECJ ruling in the 1970s that the European Community is attached... more It has been clear since a seminal ECJ ruling in the 1970s that the European Community is attached to a model of automatic treaty incorporation whereby the full panoply of Community law enforcement tools are available for the enforcement of Community Agreements. In the decades since, a rich body of case law has emerged concerning this growing body of treaty law to which the Community has become party. Much of this jurisprudence is testament to a maximalist approach to treaty enforcement which shares parallels with the approach to internal Community law. Most recently, however, the Intertanko ruling indicates that the ECJ is not averse to employing judicial avoidance techniques to preclude review where it is Community action that is challenged. The current trajectory of treaty enforcement is thus indicative of a twin-track approach whereby the ECJ is reluctant to transpose the maximalist approach to treaty enforcement which characterizes its contribution where action at the Member State level is challenged. Such a trajectory, built in accordance with the defensive submissions of the Community's political institutions, raises significant questions about the EU's much-vaunted commitment to international law.
Direct democracy exhibits both promise and peril for the EU. The referendum has been deployed by ... more Direct democracy exhibits both promise and peril for the EU. The referendum has been deployed by Member States in a way that has shaped and will continue to shape the EU’s geographical boundaries, its constitutional evolution, and salient EU policy matters. The referendum’s promise is to accord a high degree of legitimacy to a political decision, but that promise varies across different types of EU referendum. Their peril for the EU has become increasingly apparent as they have proliferated in number and type and with a growing failure rate. In contrast, the European Citizens’ Initiative is intended to harness the promise of direct democracy for the EU. But current practice raises the question of whether the failure to satisfy the ambitions placed on this novel instrument could, paradoxically, become a source of peril. Contrary to an increasingly pessimistic narrative, it is concluded that practice under the ECI exhibits promise and that the future of this instruments appears bright.
in recent decades europe's political landscape has been marked by a notable rise in the use of me... more in recent decades europe's political landscape has been marked by a notable rise in the use of mechanisms of direct democracy such as the referendum and the citizens' initiative. Our focus in this article is on the national referendums directly connected to the european union (eu) integration process, a subject which is receiving increasing scholarly attention. two interrelated questions are asked. First, how do these specific mechanisms of direct democracy interact with the existing federal political institutions of the eu? and, second, how does this affect the institutional stability of the eu polity? in addressing this problematique we undertake a cross-polity comparison of the eu-variant of direct democracy that reveals a range of institutional models and brings to the fore a neglected dimension in the study of eu referendum politics, the role of federal political institutions. keywords: direct democracy, european union, federalism, european integration.
Why have referendums on European integration proliferated since the 1970s? How are referendums ac... more Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.
for their comments. We also thank two anonymous referees for their extensive and insightful comme... more for their comments. We also thank two anonymous referees for their extensive and insightful comments on an earlier draft of this article. Responsibility for any remaining errors and omissions rests entirely with the authors.
for their comments. We also thank two anonymous referees for their extensive and insightful comme... more for their comments. We also thank two anonymous referees for their extensive and insightful comments on an earlier draft of this article. responsibility for any remaining errors and omissions rests entirely with the authors.
Why have referendums on European integration proliferated since the 1970s? How are referendums ac... more Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.
This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada Pas... more This Overview considers Opinion 1/15 of 26 July 2017 of the Court of Justice on the EU-Canada Passenger Name Record Agreement that concluded that the Agreement was not compatible with the Charter of Fundamental Rights of the European Union. Not only does the Canada Agree-ment now need renegotiating if it is to enter into force but also the existing Passenger Name Record Agreements with the United States and Australia need to be renegotiated. Crucially the EU’s very own internal PNR regime will need to be revised if it is to meet the standards articulated in Opinion 1/15.
Abstract This article draws on federal theory to analyze the dynamics of crafting a privacy regim... more Abstract This article draws on federal theory to analyze the dynamics of crafting a privacy regime in the European Union and the United States. Three dimensions of the policy domain are analyzed: how policy was framed, the policy dynamics activated, and the policy ...
It has been clear since a seminal ECJ ruling in the 1970s that the European Community is attached... more It has been clear since a seminal ECJ ruling in the 1970s that the European Community is attached to a model of automatic treaty incorporation whereby the full panoply of Community law enforcement tools are available for the enforcement of Community Agreements. In the decades since, a rich body of case law has emerged concerning this growing body of treaty law to which the Community has become party. Much of this jurisprudence is testament to a maximalist approach to treaty enforcement which shares parallels with the approach to internal Community law. Most recently, however, the Intertanko ruling indicates that the ECJ is not averse to employing judicial avoidance techniques to preclude review where it is Community action that is challenged. The current trajectory of treaty enforcement is thus indicative of a twin-track approach whereby the ECJ is reluctant to transpose the maximalist approach to treaty enforcement which characterizes its contribution where action at the Member State level is challenged. Such a trajectory, built in accordance with the defensive submissions of the Community's political institutions, raises significant questions about the EU's much-vaunted commitment to international law.
Direct democracy exhibits both promise and peril for the EU. The referendum has been deployed by ... more Direct democracy exhibits both promise and peril for the EU. The referendum has been deployed by Member States in a way that has shaped and will continue to shape the EU’s geographical boundaries, its constitutional evolution, and salient EU policy matters. The referendum’s promise is to accord a high degree of legitimacy to a political decision, but that promise varies across different types of EU referendum. Their peril for the EU has become increasingly apparent as they have proliferated in number and type and with a growing failure rate. In contrast, the European Citizens’ Initiative is intended to harness the promise of direct democracy for the EU. But current practice raises the question of whether the failure to satisfy the ambitions placed on this novel instrument could, paradoxically, become a source of peril. Contrary to an increasingly pessimistic narrative, it is concluded that practice under the ECI exhibits promise and that the future of this instruments appears bright.
in recent decades europe's political landscape has been marked by a notable rise in the use of me... more in recent decades europe's political landscape has been marked by a notable rise in the use of mechanisms of direct democracy such as the referendum and the citizens' initiative. Our focus in this article is on the national referendums directly connected to the european union (eu) integration process, a subject which is receiving increasing scholarly attention. two interrelated questions are asked. First, how do these specific mechanisms of direct democracy interact with the existing federal political institutions of the eu? and, second, how does this affect the institutional stability of the eu polity? in addressing this problematique we undertake a cross-polity comparison of the eu-variant of direct democracy that reveals a range of institutional models and brings to the fore a neglected dimension in the study of eu referendum politics, the role of federal political institutions. keywords: direct democracy, european union, federalism, european integration.
Why have referendums on European integration proliferated since the 1970s? How are referendums ac... more Why have referendums on European integration proliferated since the 1970s? How are referendums accommodated within member states' constitutional orders and with what impact on the European integration process? What is the likely institutional impact of referendums on the future of the European integration process? Drawing on an interdisciplinary approach, these are just some of the fundamental questions addressed in this book. The central thesis is that the EU is faced with a 'direct democratic dilemma', which is compounded by the EU's rigid constitutional structure and a growing politicisation of the referendum device on matters related to European integration. Referendums and the European Union discusses how this dilemma has emerged to impact on the course of integration and how it can be addressed.
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