The governance of justice and internal security in Scotland: Between the Scottish independence referendum and British decisions on the EU

This article examines how the governance of justice and internal security in Scotland could be affected by the outcome of the Scottish independence referendum in September 2014. The article argues that it is currently impossible to equate a specific result in the referendum with a given outcome for the governance of justice and internal security in Scotland. This is because of the complexities of the current arrangements in that policy area and the existence of several changes that presently affect them and are outside the control of the government and of the people of Scotland. This article also identifies an important paradox. In the policy domain of justice and internal security, a ‘no’ vote could, in a specific set of circumstances, actually lead to more changes than a victory of the ‘yes’ camp

“A few sparks of inspiration”?: Analysing the outcomes of European Union cultural policy coordination

This article examines the outcomes of cultural policy coordination in the European Union using a case study of one policy priority in the 2011–2014 Work Plan for Culture. The Open Method of Coordination brings Member States together to exchange and cooperate on key policy priorities. Drawing on interviews with key actors as well as participant observation material, the article demonstrates the limited influence of the culture OMC on domestic policy, showing that domestic usage tends to be on the scale of individuals and organisations rather than Member State-wide. The article finishes by contextualising the outcomes, highlighting the constraints and challenges of intergovernmental coordination in fields where the EU holds a supporting competence

Taming trilogues: the EU's law-making process in a comparative perspective.

Trilogues have become the modus operandi of EU decision-making. They are an informal but institutionalised mechanism providing for in camera discussions of legislative texts between the three main EU decision-making institutions, with a view to securing legislative compromises. Trilogues present risks to an organ of parliamentary representation through their potential to depoliticise conflict and by reducing the accountability and transparency of the decision-making process. We examine how the European Parliament (EP) has responded to trilogues and what this response tells us about the development of the EP as an institutionalised organ of representative democracy. We compare these with arrangements for bicameral conflict resolution in the United States, where similar issues are presented by informal mechanisms of decision-making. We assess the institutionalisation of trilogues from a democratic perspective, highlighting achievements and future challenges, and the value of these findings for the ongoing reflection on the EP as a normal parliament and the role of informal institutions in EU law-making

Eroding Germany’s Commitment to Data Protection: Policy Entrepreneurs and Coalition Politics in EU Passenger Name Records

A history of totalitarian governments and state surveillance appear to have made Germans sensitive towards the uses of personal data. Because of such concerns, Germany often acted as an obstacle to security measures requiring personal data at the EU level. However, there has been a recent sea-change in Germany over EU Passenger Name Records (EU-PNR), a measure that requires the personal data of airline passengers for security purposes. Many in Berlin have moved from lukewarm at the time of the first EU-PNR proposal in 2007 to advocating it in 2014. The article draws on Kingdon's Multiple Streams Framework (MSF) to examine this change in position, comparing two government coalitions – the CDU/CSU–FDP (2009–13) with the CDU/CSU–SPD (2013–) – to show how actors within the CDU/CSU have acted as policy entrepreneurs to ensure agreement on EU-PNR. It is argued that the composition of governmental coalitions can act as a central condition that facilitates or hinders the success of policy entrepreneurs. While the position of the FDP blocked any progress on EU-PNR in the former coalition, policy entrepreneurs used the willingness of the SPD to show voters their support for tougher security measures, thereby ensuring Germany’s support for EU-PNR

Framing immobility: Schengen governance in times of pandemics

This is an original manuscript / preprint of an article published by Taylor & Francis in Journal of European Integration on 29 Dec 2020, available online: https://doi.org/10.1080/07036337.2020.1853119

Family Reunification and Migrant Integration Policies in the EU: Dynamics of Inclusion and Exclusion

This chapter surveys the scholarly debate on EU policies pertaining to the integration of third-country nationals (TCNs) in member states’ societies. This is not at all self-evident, since the European Union has no competence to regulate migrant integration. The chapter summarizes the content of migrant integration policy in the EU: the Long-term Residence Directive, the Family Reunification Directive and non-binding EU migrant integration policy. It points out particular issues of scholarly interest for each of these three policy subfields. The chapter surveys the literature on the negotiation and implementation of the two directives, exploring in particular the question whether Europeanization should be considered a ‘liberal constraint’ upon restriction-minded member states. It reviews the scholarly debate on the role of the EU in the emergence of a new policy paradigm in which integration and migration are fused

Political and Legal Considerations Regarding the Negotiation of the Future UK-EU Security Relationship

In this chapter, the authors analyse potential transitional arrangements, discussing the possibilities of substantial delays in—or the no conclusion of—a security agreement, alternative models to the UK-EU relationship, dispute resolution and enforcement mechanisms in light of the UK Government’s red line on CJEU jurisdiction, and the UK’s potential reduced influence on future EU internal security