European Research Reloaded: Cooperation and Integration among Europeanized States

Session 1: Governance in the European UnionThis book argues that a third wave of research on the EU is needed to adequately understand the increased interconnectedness between the European and national political levels. We posit that this third wave should be sensitive to the temporal dimension of European integration and Europeanization. In particular, we seek to link the processes of Europeanization and European integration in a new way by asking the question: how has Europeanization affected current modes of integration and cooperation in the EU? Preparing the ground for the third wave, the first part of the book concerns Europeanization. In order to fully understand the feedback of Europeanization on cooperation and integration it is important to analyze how European integration has had an impact on member states in the first place, in particular indirectly, beyond the direct mechanism of compliance with European policies. The research presented here stresses the role which domestic actors and in particular governments have in guiding the Europeanization impact on the member states. The second part of the book concerns integration and cooperation, in line with what we see as a third wave of research. Here we analyze how prior integration effects, that is Europeanization, influences current preferences for integration. We find that earlier integration effects have had a significant influence on those preferences, resulting however, somewhat surprisingly not always for a preference for closer integration. The multi-faceted interrelationships between the EU level and the national level and the increased interconnectedness between them cast doubt on the appropriateness of traditional readings of central concepts of political science and international relations such as territory, identity and sovereignty. The final section of the book therefore concerns the conceptual challenges faced by the continued development of multi-level governance. These contributions show that a conceptual reorientation is necessary because up until now these concepts have been almost exclusively linked to the nation state. One of the key findings of the book is the astonishing variation in modes of cooperation and integration in the EU. We suggest that this variation can be explained by taking into account the sources of legitimacy at the national and at the EU level on which cooperation and integration are based. We argue that whereas economic integration, in particular the creation of a single market, could be sufficiently backed by output legitimacy, deeper integration in other areas requires a degree of input legitimacy that is currently lacking in the EU. Therefore, non-economic integration is often taking the form of looser types of cooperation, such as the open method of coordination and benchmarking, allowing domestic actors more control over the Europeanization of these policies onto the member state. We elaborate on this speculation in the conclusion and believe that it should be part of the future research agenda of the third wave of European research. This book emerged from the European Research Colloquium of the Netherlands Institute of Government, in which a small group of researchers from the Netherlands, Germany, Belgium, and Denmark met every 6 months over the past three years to debate substantive topics, the choice of research design and methodology, and, in particular, the empirical research presented by each author in this book

Decentralization and Public Service Provision:A Case Study of the Education Sector in Jayawijaya District, Papua, Indonesia

For decades, Indonesia's sovereignty over Papua has been contested, resulting in violent conflicts. In 2001, the introduction of Papua's special autonomy emerged as an integrative approach both to resolve conflicts and to accelerate development in the province. One of the key problems to be addressed was the improvement of the education sector. However, after more than a decade following its implementation, and despite increased financial support from the central government, the educational development in Papua has been disappointing. This article analyses the factors that have shaped the development of primary education in jayawijaya, a highland district in Papua. By gathering qualitative data from policy studies and in-depth interviews, this article identifies and examines three major challenges that have affected the development of primary education in Jayawijaya after decentralization: the uniformity of policy, the problem with incentives, and poor monitoring due to the misalignment of territorial and functional structures. These findings demonstrate that the lack of awareness to recognize the variety of local contexts is counterproductive and could lead to policy failures. Papua's special autonomy as an instrument of asymmetric decentralization has been attenuated by the continuation of "one-size-fits-all" top-down policies at the national level

Human Rights Norm Diffusion in Southeast Asia

Abstract Civil Society Organizations (CSOs) have played an increasingly vocal role in their struggle to advance both human rights protection and promotion in Southeast Asian countries. Most notably, CSOs have become a more important actor in dealing with human rights issues in particular by virtue of their role in drawing attention to human rights violations. In the case of massive human rights violations happening in Southeast Asia, CSOs pursue various strategies to address and try to end such abuses. Spreading information of human rights violations occurring in each member state to regional peers, and then finding new allies such as international organizations to put pressure back to human rights-violating states, in what is characterized as a dynamic of the boomerang model, one of the prominent strategies CSOs use to relieve human rights violations. Another strategy recently observed involves CSOs reaching out to powerful judicial institutions whose decisions can be legally binding on a violating state. Spreding This paper applies the boomerang model theory to the efforts of CSOs, specifically with respect to their work in helping to end the extrajudicial killing of drug dealers in the Philippines during President Duterte’s tenure, to display how the dynamics of the boomerang model works and what this strategy has achieved in terms of ending the extrajudicial killings. Beyond the boomerang model, this paper further demonstrates the strategy of CSOs in reaching out directly to powerful judicial institutions, in this case the International Criminal Court (ICC). The paper discusses why CSOs pursued this strategy of reaching out to the ICC, bypassing the region’s human rights institution—the ASEAN Intergovernmental Commission on Human Rights (AICHR). Keywords: Civil Society Organizations (CSOs); Extrajudicial Killing in the Philippines; The International Criminal Court (ICC). (A previous version of this paper was presented at the 14th Asian Law Institute (ASLI) Conference hosted by the University of Philippines, College of Law (UP) in 19 May 2017. We would like to thank the commentators and the audience for their questions and comments on the paper.

The Noken System and the Challenge of Democratic Governance at the Periphery:An Analysis of Free and Fair Elections in Papua, Indonesia

Since the post-Suharto era in 1998, decentralization has been established as the major institutional reform in Indonesia. It has been implemented as the policy framework which aims not only to generate development but also to promote democratization through the establishment of direct elections for local executive leaders. In fact, promoting democracy by establishing local executive elections in Indonesia is challenging. The inability of national policy to adapt to the local customary practice creates a barrier in implementing the ideal concept of democracy, namely free and fair elections. This chapter addresses the problems of free and fair elections by examining the practice of the “noken” system in Papua, the name of a traditional bag which evolved as an election mechanism in several districts in Papua’s central highland area. This research utilizes eight indicators of free and fair elections to analyze the problems in every stage of election: before the election, on the election, and after the election. Based on the literature, policy-study, and data from newspaper articles, this research argues that the practice of noken system contravenes with the principles of democracy. The absence of law and regulation to standardize this customary practice becomes a major drawback in promoting democratic governance at the periphery region

Decentralization, Foreign Direct Investment and Development in Indonesia

As the role of Foreign Direct Investment (FDI) in development becomes increasingly significant, the concern of many policy makers is not only to attract FDI but also to ensure that the society and future generations gain broad benefits from the FDI. Hence, the United Nations Conference for Trade and Development (UNCTAD) developed the Investment Policy Framework for Sustainable Development (IPFSD) as guidance for countries to achieve sustainable development from FDI. Using the IPFSD, this paper examines the investment policies of Indonesia under centralized and various decentralization periods and describes the relationships among government levels in implementing the policies which guide FDI. From the examination, we found that the investment policies in Indonesia have been directed to achieve sustainable development gradually. Furthermore, the intergovernmental relationships that have changed due to the decentralization process have become crucial to the effectiveness of investment policies for the society. During the centralized period, the performance of inward FDI was good, but citizen input and participation in the policy process was weak. In the first wave of decentralization, local governments gained significant powers from the central government to guide FDI. However, the great devolution of power to local governments without clear mechanisms of intergovernmental relations and accountability led to a deterioration of the investment climate and made the policies less effective. Finally, during the second wave of decentralization, the central government has taken responsibility in the FDI management process but still provides more room for local governments to participate in the development process. Hence, cooperation between national and local government is more enhanced during this period to guide FDI.</p

International and Regional Institutional Dialogues for Human Rights for LGBT persons: The quest for recognition, anti-discrimination, and marriage in Southeast Asia

There is a rich interplay between civil society organizations and institutions involved in human rights norm diffusion and the ‘ricochet’ of ideas at the regional level across Southeast Asia. There is a broad discussion occurring about human rights for LGBT persons and SOGI rights (Sexual Orientation and Gender Identity) including recognition, non-discrimination in employment, education, and housing, and partnership recognition and same-sex marriage. We focus on four countries, Thailand, Vietnam, the Philippines, and Indonesia. The discussion on marriage equality is most developed in Thailand and Vietnam with high level discussion involving government and parliament and draft bills prepared. The issue is on the agenda but not a present movement priority in the Philippines, and not currently on the horizon in Indonesia. The actors involved are a wide range of civil society organizations and internation-al, regional, and national institutions such as the United Nations Development Programme (UNDP) and the Asia Pacific Forum of National Human Rights Institutions (APF)

Parliamentary Control in the Netherlands

SamenvattingDe functie en de macht van het Nederlandse parlementals institutie en de manier waarop de belangrijkstespelers daarin – de regerings- en oppositiepartijen– op elkaar en op de regering reageren, isonder invloed van de EU aan het veranderen. Dit artikelwil de volgende vraag beantwoorden: Hoe functioneerthet parlementaire toezicht op de EU-besluitvormingin Nederland en hoe heeft deze nieuwetaak de relatie tussen parlement en regering, en dewisselwerking tussen de partijen in het parlementveranderd? Voor dit onderzoek wordt gebruikgemaaktvan de typologie van King. De auteur heeftook een groot aantal diepte-interviews bijNederlandse Tweede Kamerleden afgenomen. Ingrote lijnen, zo luidt de centrale conclusie van ditonderzoek, is het proces van parlementaire controleover EU-zaken in Nederland niet meer exclusiefgericht op het vinden van een nationale consensusvis-à-vis de buitenwereld, maar weerspiegelt het insteeds hogere mate de schermutselingen van denormale binnenlandse politiek

A U T H O R C O P Y National and transnational strategies of LGBT civil society organizations in different political environments: Modes of interaction in Western and Eastern Europe for equality

Abstract This article focuses on the national and transnational strategies of five European Lesbian, Gay, Bisexual and Transgender civil society organizations (CSOs) pressing for equality and non-discrimination. We present three modes of interaction between CSOs and their political environment. The first mode we label &apos;morality politics&apos;. Arcigay in Italy and the Campaign against Homophobia in Poland are seemingly locked in this mode because they are confronted with a hostile and organized opposition, both in terms of public opinion and elite opinion. A second mode of interaction we label an &apos;incremental change&apos; mode and is the strategy pursued by Stonewall in the United Kingdom and the Hatter Society in Hungary, marked by discreet elite level lobbying. Finally, we introduce a third mode of interaction we label &apos;high-profile politics&apos;. This mode is marked by highly visible public events, coalition seeking, cooperation with government, and transnational activity at the European level and abroad. This is a strategy possible by CSOs where there is a high degree of public support for equality and minimal partisan or religious opposition to the goals of the movement. The Dutch COC has been pursuing this &apos;high-profile politics&apos; mode of interaction in their political environment over the past few years