Adrienne Heritier
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199298129
- eISBN:
- 9780191711633
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199298129.001.0001
- Subject:
- Political Science, European Union
This book poses the question: how and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and ...
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This book poses the question: how and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and processes of change. A change may be designed intentionally on a large scale and then be followed by a period of only incremental adjustments to new conditions. But institutions may also emerge as informal rules, persist for a long time and only be formalized later. The causes, processes, and outcomes of institutional change raise a number of conceptual, theoretical, and empirical questions. While we know a lot about the creation of institutions, relatively little research has been conducted about their transformation once they have been put into place. Attention has focused on politically salient events of change, such as the Intergovernmental Conferences of Treaty reform. In focusing on such grand events, it is easy overlook inconspicuous changes in European institutional rules that are occurring on a daily basis. Thus, the European Parliament has gradually acquired a right of investing individual Commissioners. This has never been an issue in the negotiations of formal treaty revisions. Or, the decision-making rule(s) under which the European Parliament participates in the legislative process have drastically changed over the last decades starting from a modest consultation ending up with codecision. The book discusses various theories accounting for long-term institutional change, and explores them on the basis of five important institutional rules in the European Union. It proposes typical sequences of long-term institutional change and their theorization which hold for other contexts as well, if the number of actors and their goals are clearly defined, and interaction takes place under the ‘shadow of the future’.Less
This book poses the question: how and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and processes of change. A change may be designed intentionally on a large scale and then be followed by a period of only incremental adjustments to new conditions. But institutions may also emerge as informal rules, persist for a long time and only be formalized later. The causes, processes, and outcomes of institutional change raise a number of conceptual, theoretical, and empirical questions. While we know a lot about the creation of institutions, relatively little research has been conducted about their transformation once they have been put into place. Attention has focused on politically salient events of change, such as the Intergovernmental Conferences of Treaty reform. In focusing on such grand events, it is easy overlook inconspicuous changes in European institutional rules that are occurring on a daily basis. Thus, the European Parliament has gradually acquired a right of investing individual Commissioners. This has never been an issue in the negotiations of formal treaty revisions. Or, the decision-making rule(s) under which the European Parliament participates in the legislative process have drastically changed over the last decades starting from a modest consultation ending up with codecision. The book discusses various theories accounting for long-term institutional change, and explores them on the basis of five important institutional rules in the European Union. It proposes typical sequences of long-term institutional change and their theorization which hold for other contexts as well, if the number of actors and their goals are clearly defined, and interaction takes place under the ‘shadow of the future’.
Lars Hoffmann and Anna Vergés‐bausili
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199257409
- eISBN:
- 9780191600951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019925740X.003.0006
- Subject:
- Political Science, European Union
Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty ...
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Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty reform. After an introductory section, the chapter next looks at institutionalist questions on treaty revision processes, discussing the traditional method used, that of the Intergovernmental Conferences (IGCs), and aiming to identify a ‘less intergovernmental’ view of reform processes. The third section provides a historical and up‐to‐date review of the European Convention, focussing on its background, operation, and decision‐making processes. The fourth argues that choices regarding the nature of the Convention's remit and its working methods have reinforced a new landscape of constitutional reform, namely, an institutionalized setting more complex in both the players involved and its dynamics, and where institutional choices are likely to affect significantly the classic key variables of intergovernmentally driven processes. The underlying theme of the chapter is that the outcomes of the 2004 IGC will not be able to be accounted for by focussing solely on governments’ preferences and power.Less
Examines the European Convention (the European Convention on the Future of Europe) within the process of constitutional reform in the EU, with an emphasis on the institutionalization of treaty reform. After an introductory section, the chapter next looks at institutionalist questions on treaty revision processes, discussing the traditional method used, that of the Intergovernmental Conferences (IGCs), and aiming to identify a ‘less intergovernmental’ view of reform processes. The third section provides a historical and up‐to‐date review of the European Convention, focussing on its background, operation, and decision‐making processes. The fourth argues that choices regarding the nature of the Convention's remit and its working methods have reinforced a new landscape of constitutional reform, namely, an institutionalized setting more complex in both the players involved and its dynamics, and where institutional choices are likely to affect significantly the classic key variables of intergovernmentally driven processes. The underlying theme of the chapter is that the outcomes of the 2004 IGC will not be able to be accounted for by focussing solely on governments’ preferences and power.
Pär Kristoffer Cassel
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199792054
- eISBN:
- 9780199932573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199792054.003.0006
- Subject:
- History, Asian History, World Modern History
This chapter examines how legal pluralism and extraterritoriality contributed to shape the public debate in China and Japan in the last decades of the nineteenth century. It contrasts official ...
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This chapter examines how legal pluralism and extraterritoriality contributed to shape the public debate in China and Japan in the last decades of the nineteenth century. It contrasts official Chinese and Japanese responses to a series of widely publicized consular courts cases and shows that the Japanese authorities were much more successful in mobilizing public opinion against extraterritoriality than the Qing Empire was. The chapter argues that one of the reasons for the Japanese success was the fact that the Japanese state had created a relatively unified citizenry by abolishing all traces of legal pluralism.Less
This chapter examines how legal pluralism and extraterritoriality contributed to shape the public debate in China and Japan in the last decades of the nineteenth century. It contrasts official Chinese and Japanese responses to a series of widely publicized consular courts cases and shows that the Japanese authorities were much more successful in mobilizing public opinion against extraterritoriality than the Qing Empire was. The chapter argues that one of the reasons for the Japanese success was the fact that the Japanese state had created a relatively unified citizenry by abolishing all traces of legal pluralism.
Bruno De Witte
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199644322
- eISBN:
- 9780191738173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199644322.003.0005
- Subject:
- Law, EU Law
The Lisbon Treaty is the result of a very long-drawn process of treaty revision that started with the Laeken Declaration of December 2001 and ended eight years later, with the entry into force of the ...
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The Lisbon Treaty is the result of a very long-drawn process of treaty revision that started with the Laeken Declaration of December 2001 and ended eight years later, with the entry into force of the Lisbon Treaty on 1 December 2009. The chapter examines how this political process was fitted within the legal straightjacket of the existing rules about treaty revision contained in Article 48 EU Treaty. The chapter then proceeds to discuss the revised ‘rules of change’ as contained in the Lisbon Treaty itself. Although these revised rules offer some more flexibility for the enactment of future treaty amendments, that flexibility is still very limited so that accomplishing treaty amendments will remain a structural problem in the European integration process. The chapter will therefore also examine the alternative modes of piecemeal institutional change, short of formal treaty amendment, that are available for the future.Less
The Lisbon Treaty is the result of a very long-drawn process of treaty revision that started with the Laeken Declaration of December 2001 and ended eight years later, with the entry into force of the Lisbon Treaty on 1 December 2009. The chapter examines how this political process was fitted within the legal straightjacket of the existing rules about treaty revision contained in Article 48 EU Treaty. The chapter then proceeds to discuss the revised ‘rules of change’ as contained in the Lisbon Treaty itself. Although these revised rules offer some more flexibility for the enactment of future treaty amendments, that flexibility is still very limited so that accomplishing treaty amendments will remain a structural problem in the European integration process. The chapter will therefore also examine the alternative modes of piecemeal institutional change, short of formal treaty amendment, that are available for the future.
Paul Craig
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780199595013
- eISBN:
- 9780191729508
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595013.003.0011
- Subject:
- Law, EU Law
This concluding chapter addresses two issues that are distinct — enhanced cooperation and Treaty revision — but which are nonetheless connected, the linkage being tension between the desire that all ...
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This concluding chapter addresses two issues that are distinct — enhanced cooperation and Treaty revision — but which are nonetheless connected, the linkage being tension between the desire that all should be brought on board as the EU advances or changes, and the difficulties that this can pose in an EU of twenty-seven Member States. The analysis begins by considering enhanced cooperation. There is a brief overview of the provisions on enhanced cooperation in the Nice Treaty, followed by discussion of the changes made by the Lisbon Treaty, the rationale for these amendments and their likely impact. This is followed by examination of the Lisbon provisions on Treaty revision. These were, like much else in the Lisbon Treaty, borrowed from the Constitutional Treaty. The chapter concludes by examining some of the broader implications of the new schema for enhanced cooperation and Treaty revision. The focus then shifts to more general reflection on process and content in the Lisbon Treaty. The objective is not to summarize the conclusions drawn in previous chapters, but rather to re-visit and reflect on the issues of process and content raised at the outset.Less
This concluding chapter addresses two issues that are distinct — enhanced cooperation and Treaty revision — but which are nonetheless connected, the linkage being tension between the desire that all should be brought on board as the EU advances or changes, and the difficulties that this can pose in an EU of twenty-seven Member States. The analysis begins by considering enhanced cooperation. There is a brief overview of the provisions on enhanced cooperation in the Nice Treaty, followed by discussion of the changes made by the Lisbon Treaty, the rationale for these amendments and their likely impact. This is followed by examination of the Lisbon provisions on Treaty revision. These were, like much else in the Lisbon Treaty, borrowed from the Constitutional Treaty. The chapter concludes by examining some of the broader implications of the new schema for enhanced cooperation and Treaty revision. The focus then shifts to more general reflection on process and content in the Lisbon Treaty. The objective is not to summarize the conclusions drawn in previous chapters, but rather to re-visit and reflect on the issues of process and content raised at the outset.
Paul Craig
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199664955
- eISBN:
- 9780191773723
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199664955.003.0011
- Subject:
- Law, EU Law
This concluding chapter addresses two issues that are distinct — enhanced cooperation and Treaty revision — but which are nonetheless connected, the linkage being tension between the desire that all ...
More
This concluding chapter addresses two issues that are distinct — enhanced cooperation and Treaty revision — but which are nonetheless connected, the linkage being tension between the desire that all should be brought on board as the EU advances or changes, and the difficulties that this can pose in an EU of twenty-seven Member States. The analysis begins by considering enhanced cooperation. There is a brief overview of the provisions on enhanced cooperation in the Nice Treaty, followed by discussion of the changes made by the Lisbon Treaty, the rationale for these amendments and their likely impact. This is followed by examination of the Lisbon provisions on Treaty revision. These were, like much else in the Lisbon Treaty, borrowed from the Constitutional Treaty. The chapter concludes by examining some of the broader implications of the new schema for enhanced cooperation and Treaty revision. The focus then shifts to more general reflection on process and content in the Lisbon Treaty. The objective is not to summarize the conclusions drawn in previous chapters, but rather to re-visit and reflect on the issues of process and content raised at the outset.Less
This concluding chapter addresses two issues that are distinct — enhanced cooperation and Treaty revision — but which are nonetheless connected, the linkage being tension between the desire that all should be brought on board as the EU advances or changes, and the difficulties that this can pose in an EU of twenty-seven Member States. The analysis begins by considering enhanced cooperation. There is a brief overview of the provisions on enhanced cooperation in the Nice Treaty, followed by discussion of the changes made by the Lisbon Treaty, the rationale for these amendments and their likely impact. This is followed by examination of the Lisbon provisions on Treaty revision. These were, like much else in the Lisbon Treaty, borrowed from the Constitutional Treaty. The chapter concludes by examining some of the broader implications of the new schema for enhanced cooperation and Treaty revision. The focus then shifts to more general reflection on process and content in the Lisbon Treaty. The objective is not to summarize the conclusions drawn in previous chapters, but rather to re-visit and reflect on the issues of process and content raised at the outset.
Arne Niemann
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199604104
- eISBN:
- 9780191741531
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199604104.003.0011
- Subject:
- Political Science, European Union
Over the last two decades EU migration policy has undergone an astonishing ascent from modest and obscure beginnings to an increasingly mature and vibrant field of EU policy-making. The purpose of ...
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Over the last two decades EU migration policy has undergone an astonishing ascent from modest and obscure beginnings to an increasingly mature and vibrant field of EU policy-making. The purpose of this chapter is to explain this development across the past three Treaty revisions. It particularly focuses on decision rules and the institutional set-up of EU asylum and immigration policy, subjecting the results of the Intergovernmental Conference negotiations to causal analysis. Drawing on a revised neofunctionalist framework, four factors are suggested to account for processes of supranationalisation in this field: (a) functional pressures; (b) the role of supranational institutions; (c) socialisation, deliberation and learning processes; and (d) countervailing pressures.Less
Over the last two decades EU migration policy has undergone an astonishing ascent from modest and obscure beginnings to an increasingly mature and vibrant field of EU policy-making. The purpose of this chapter is to explain this development across the past three Treaty revisions. It particularly focuses on decision rules and the institutional set-up of EU asylum and immigration policy, subjecting the results of the Intergovernmental Conference negotiations to causal analysis. Drawing on a revised neofunctionalist framework, four factors are suggested to account for processes of supranationalisation in this field: (a) functional pressures; (b) the role of supranational institutions; (c) socialisation, deliberation and learning processes; and (d) countervailing pressures.
Pierre-Marie Dupuy
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199588916
- eISBN:
- 9780191728938
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588916.003.0007
- Subject:
- Law, Public International Law, Human Rights and Immigration
The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such ...
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The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such adaptability is evolutionary interpretation. This chapter underlines the twofold nature of this interpretative technique. According to a first approach, evolutionary interpretation may be considered as a way to identify the common will of the parties as it would have resulted if they had renegotiated the agreement taking into account the circumstances that have since evolved. In the silence of Article 31 of the Vienna Convention, the case law of the ICJ supports the view that such a dynamic interpretation is allowed only where it is possible to infer from the terms of the treaty that the text is open to considerations of factual or legal evolution after its conclusion. However, when a treaty establishes an organization designed to achieve a shared purpose, the international judge entrusted with task of interpreting that treaty is often prone to act as the depositary of the common finality. In such a case, evolutionary interpretation tends to a teleological one. It therefore leads to question how far such interpretation could be taken and may generate allegations of ‘judicial activism’.Less
The durability of a treaty requires its capacity to adapt and change in accordance with the evolution of the situation for which it was designed to apply. One of the means that allow such adaptability is evolutionary interpretation. This chapter underlines the twofold nature of this interpretative technique. According to a first approach, evolutionary interpretation may be considered as a way to identify the common will of the parties as it would have resulted if they had renegotiated the agreement taking into account the circumstances that have since evolved. In the silence of Article 31 of the Vienna Convention, the case law of the ICJ supports the view that such a dynamic interpretation is allowed only where it is possible to infer from the terms of the treaty that the text is open to considerations of factual or legal evolution after its conclusion. However, when a treaty establishes an organization designed to achieve a shared purpose, the international judge entrusted with task of interpreting that treaty is often prone to act as the depositary of the common finality. In such a case, evolutionary interpretation tends to a teleological one. It therefore leads to question how far such interpretation could be taken and may generate allegations of ‘judicial activism’.
Julio Baquero Cruz
- Published in print:
- 2018
- Published Online:
- October 2018
- ISBN:
- 9780198830610
- eISBN:
- 9780191868764
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198830610.003.0007
- Subject:
- Law, EU Law
This chapter reflects on the different ways the Union has used to adapt itself to changing circumstances, and their limits: the rigid Treaty revision procedure, case law, variable geometry and ...
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This chapter reflects on the different ways the Union has used to adapt itself to changing circumstances, and their limits: the rigid Treaty revision procedure, case law, variable geometry and enhanced cooperation, and the phenomenon of international agreements among all or some Member States in areas that could fall within the scope of Union law, such as the Treaty establishing the European Stability Mechanism. The chapter discusses in detail the causes and consequences of those international agreements, analyzing the ways in which the Court has tried to frame them, in particular in the Pringle judgment.Less
This chapter reflects on the different ways the Union has used to adapt itself to changing circumstances, and their limits: the rigid Treaty revision procedure, case law, variable geometry and enhanced cooperation, and the phenomenon of international agreements among all or some Member States in areas that could fall within the scope of Union law, such as the Treaty establishing the European Stability Mechanism. The chapter discusses in detail the causes and consequences of those international agreements, analyzing the ways in which the Court has tried to frame them, in particular in the Pringle judgment.
Dimitris N. Chryssochoou, Michael J. Tsinisizelis, Stelios Stavridis, and Kostas Ifantis
- Published in print:
- 1999
- Published Online:
- July 2012
- ISBN:
- 9780719049910
- eISBN:
- 9781781700242
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719049910.003.0002
- Subject:
- Political Science, European Union
This chapter examines the latest theoretical trends and the two treaty revisions that occurred during the mid-1980s and early 1990s, introducing the Single European Act and the Treaty on European ...
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This chapter examines the latest theoretical trends and the two treaty revisions that occurred during the mid-1980s and early 1990s, introducing the Single European Act and the Treaty on European Union (TEU), which resulted from the treaty revisions, and neofunctionalism, which re-emerged as the leading theory of European integration. The next part studies the state of theorising European integration in the 1990s in relation to the constitutional and political physiognomy of the Maastricht Treaty. The final part of the chapter focuses on the new theoretical approaches, which include the fusion thesis and new institutionalism.Less
This chapter examines the latest theoretical trends and the two treaty revisions that occurred during the mid-1980s and early 1990s, introducing the Single European Act and the Treaty on European Union (TEU), which resulted from the treaty revisions, and neofunctionalism, which re-emerged as the leading theory of European integration. The next part studies the state of theorising European integration in the 1990s in relation to the constitutional and political physiognomy of the Maastricht Treaty. The final part of the chapter focuses on the new theoretical approaches, which include the fusion thesis and new institutionalism.
Norman Ingram
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780198827993
- eISBN:
- 9780191866685
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198827993.003.0004
- Subject:
- History, European Modern History, Political History
The beginning of the interwar period brought an intensification of the war guilt debate within the Ligue des droits de l’homme. There was vigorous discussion of the question of the Russian general ...
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The beginning of the interwar period brought an intensification of the war guilt debate within the Ligue des droits de l’homme. There was vigorous discussion of the question of the Russian general mobilization in 1914. Repeated attempts by the Ligue’s minority to extract a commitment to seek revision of the Versailles Treaty failed. The most that the majority would concede was that the Treaty was legally flawed because it had been forced on Germany, but it continued to believe that the Treaty expressed a valid moral and historical point. The Ligue demanded—unsuccessfully—the publication of French documents relating to the outbreak of the war. The majority continued to argue that there was no point in opening a debate on war origins, although by the end of 1924 it is clear that it was much less confident in the rectitude of its position.Less
The beginning of the interwar period brought an intensification of the war guilt debate within the Ligue des droits de l’homme. There was vigorous discussion of the question of the Russian general mobilization in 1914. Repeated attempts by the Ligue’s minority to extract a commitment to seek revision of the Versailles Treaty failed. The most that the majority would concede was that the Treaty was legally flawed because it had been forced on Germany, but it continued to believe that the Treaty expressed a valid moral and historical point. The Ligue demanded—unsuccessfully—the publication of French documents relating to the outbreak of the war. The majority continued to argue that there was no point in opening a debate on war origins, although by the end of 1924 it is clear that it was much less confident in the rectitude of its position.
