You are here

Ideas on Europe Blog

Subscribe to Ideas on Europe Blog feed Ideas on Europe Blog
Informed analysis, comment and debate
Updated: 1 day 9 hours ago

The Czechs are going to vote. And strengthen the populists further.

Mon, 09/10/2017 - 07:00

In ten days (October 19-20) Czech voters will go to the polling stations. After four years, they will decide once more about the future of Czechia – as the republic in the middle of the Europe is (unsuccessfully) trying to rebrand its name. And once more, these elections are portrayed as “important” or “path-breaking”, not only in the Czech press but also by more than few politicians.

I am saying “once more”, because it is not the first time. Quite the contrary: over the last seven years Czech politics have changed a lot. From stability to instability. From being predictable to being chaotic. And from being quite moderate to being populist. How could this happen?

Once upon a time, there was a small country called Czech Republic in the heart of Europe. Until around 2010, it had been a remarkably stable country since its establishment in January 1993, when a marriage of over eighty years broke up between the Czechs and the Slovaks. While in neighbouring countries like Poland or Slovakia new relevant parties emerged and died often during one term, the Czech party spectrum was pretty boring. With five or at worst six relevant parties, and standard governmental changes from centre left to centre right. Even newcomers – such as for example the Czech Greens in 2006 – were traditional parties in the sense that they represented a set of coherent ideas and goals.

Then everything changed in the 2010 elections and since then, Czech politics have become a different story. Unfortunately for the country, with consequences beyond the purely domestic level.

Well, as in many similar cases, one has to turn to history to find answers to “why” this happened. Even if 2010 may be considered the turning point, the causes explaining the “electoral earthquake” had appeared slowly from the mid-1990s. At this time, the Czech transition – particularly in its economic dimension – appeared to be a successful and achieved process. Already in 1996 electoral campaign, Václav Klaus, one of the symbols of Czech modern politics and at that time acting prime minister, claimed so under his slogan “We proved that we can manage”. However, voters did not seem to be convinced and massively supported the opposition in this election. The very tight result of these elections opened a path to a second coalition government led by Václav Klaus. It was a minority government, a weak one, and had to resign already after being in office for not more than one and a half years. First early elections then resulted in a similar draw as in 1996, but this time the government was formed by the Social Democrats, and Miloš Zeman, another key figure of Czech politics, became prime minister. That would not have been tragic, but his minority cabinet was backed by Klaus’ “Civic Democrats”, its main rival and enemy, in a so called “opposition agreement”. This pseudo-coalition and pseudo-opposition – for which Klaus and Zeman are not to be blamed along, since it was partly a result of the inability of other political parties to find a solution – deeply wounded the trust of Czech voters in traditional parties. These wounds never disappeared.

The second major mistake – decentralisation – can be tracked back to the 1990s as well. The idea to create regions and endow them with some competences – education, regional development, health care – is not bad per se and was supported at the time by the majority of political parties. However, big problems occurred when these regions obtained the power to manage the money from the EU structural funds. Particularly from 2006 on, almost every single Czech region – and its political representatives – faced to a huge corruption scandal. These were usually directly or indirectly linked to the structural funds projects, often connected with regional politicians either from the Civic Democratic Party or from the Social Democrats. The regionalisation of EU funds led to networks of strong regional leaders and their business allies, which were for the parties´ headquarters almost impossible to control. The existence of these people – for whom the term “godfathers” is widely used – and their scandals was another nail in the coffin of traditional Czech parties.

Although there were also international and contextual causes for change in Czech politics – as for example the tragicomic Czech EU Presidency of 2009 or the outbreak of the financial crisis – the main dynamics of the 2010 earthquake are to be found inside the system and explained by mistakes committed by its leading politicians. As a result, the 2010 elections introduced the first populists into the Czech parliament. A party called “Public Affairs” successfully campaigned under the motto “We will wipe out the political dinosaurs” and became a part of the new government. Even though “Public Affairs” performed very badly and broke up after 3 years, their initial success opened a Pandora box of populism as affective tool. In 2013, in the second Czech early elections, it was effectively used by other new parties –Andrej Babiš’s non-ideological “Action of Dissatisfied Citizens” (known as ANO) and the right-wing populist “Dawn of Direct Democracy”. The first movement, led (and owned, one could add) by one of the country’s richest businessmen, used the slogan “We are not like politicians, we are hard workers”, whereas Dawn promoted direct democracy as a universal medicine for everything wrong in the Czech Republic.

Particularly the former appeal was successful, as ANO – following the footsteps of “Public Affairs” (but not repeating the same mistakes) – has been participating in the new government and became the strongest political force in the country. The major question in 2017 is not who will win, but by how much ANO will win and how many partners (if at all) it will need to get a majority in the lower house. According to the most recent polls, traditional parties as the Social Democrats or the Civic Democrats are tottering around 10-12% of votes. At the moment, they fight with other small parties and possible newcomers like the “Pirates” – an emerging star of the Czech party landscape – rather than with ANO.

The Czech electoral system is a proportional one with a 5% threshold for obtaining seats in the House of Deputies. However, as the seats are distributed in 13 plus Prague regions, it has also some majoritarian elements. These are even strengthened by using the d´Hondt formula for calculating mandates. Hence, a party with approximately 30% of the votes can have around 40% or even more of the seats in the House of Deputies depending also on how many votes will fall below the 5% threshold and will thus be distributed among the successful parties.

Apart from the ANO victory the overall result of the elections is hardly to predict. The electoral campaign is not that much intensive and lack strong themes and issues. Traditional parties try to picture Mr. Babiš as dangerous oligarch and possible wannabe dictator, but fail to offer any positive and interesting agenda on their own. There other problem is the lack of charismatic leaders, an obvious must-have in current politics.

Therefore, what is to be expected as main outcome of the 2017 Czech elections is further instability in Czech politics as well as the strengthening of populism within it.

The post The Czechs are going to vote. And strengthen the populists further. appeared first on Ideas on Europe.

Categories: European Union

Globalization and Change in Higher Education: Economic, Political, and Social Explanations

Fri, 06/10/2017 - 11:51

Beverly Barrett

The internationalization of higher education is a response to the pressures of globalization. There are economic, political, and social explanations for the reforms that have taken place in Europe since the Bologna Process launched 18 years ago on June 19, 1999 in the historic university city of Bologna, Italy.

Correspondingly, these explanations for internationalization of higher education are globalization (economic), intergovernmentalism (political), and Europeanization (social). The progress of the Bologna Process to create the European Higher Education Area (EHEA) originated with the Sorbonne Declaration among the education ministers of France, Germany, Italy and the United Kingdom on May 25, 1998.

 

My new book Globalization and Change in Higher Education: The Political Economy of Policy Reform in Europe (published by Palgrave Macmillan) explains the institutional change that has taken place as a response to these pressures.[1]  The 21st century’s increasing demands for knowledge reflect a knowledge society that is driven by a knowledge economy (David and Foray 2002).[2] This is defined as an economy in which growth is dependent on the quantity, quality, and accessibility of the information available. Universities and all types higher education institutions have experienced unprecedented institutional change in the knowledge society (Cantwell and Kauppinen 2014).[3] Educational sociologists have concurred that the international convergence of academic programs’ criteria that comes from the Bologna Process is unprecedented (Frank and Meyer 2007:299).[4]

 

History, Ideas, and Institutions

When the Bologna Process started, it had been less than a decade since the end of the Cold War. As a social explanation, the central and eastern European countries were eager to show solidarity with the leadership initiative from the countries in western Europe. The growth of the Bologna Process from 29 countries originally to 48 countries today reflects how it has complemented the expansion of the European Union’s  Single Market, as the EU has grown from 15 countries in 1999 to 28 countries today.

 

The history, ideas, and institutions that frame our understanding of higher education are set out in the initial Chapters of the book, which frame the analysis in a historical institutional theoretical perspective.  The three primary objectives of the Bologna Process are convergence of higher education policies in 1) academic degree structure, 2) quality assurance, and 3) automatic recognition of degrees within the EHEA. Chapter 4 explains the dual roles of higher education institutions, as recipients of policy change from the national and European levels and as agents of policy change in the knowledge economy. The Bologna Process intersects with the higher education attainment objective of the Europe 2020 economic growth strategy of the Europe Commission. Chapter 5 explains, in quantitative assessment, that the most statistically significant relationship for higher education attainment is with GDP per capita among other variables in the political economy including employment, trade, R&D investment, population, and education spending.

 

With similar histories of political governance and distinct structures of government, the Iberian countries, Portugal and Spain, provide qualitative assessment case studies for countries within the EU.  Chapters 6 to 9 explain that given the unitary government of Portugal, the process of reform has proceeded with more uniformity than in the quasi-federal government of Spain. In the country of 17 autonomous communities of sub-national regions, Spain has 11 higher education qualifications agencies as compared to most EHEA countries that have one, indicating the complexity of higher education in the country.  Portugal has made greater progress, from 11 to 31 percent, than Spain’s progress, from 29 to 42 percent, toward the Europe 2020 target objective for 40 percent (of 30-34 year-olds) for higher education attainment, though Spain has reached the target (Eurostat 2016).

 

Model for Regional Integration and Key Findings

Referencing back to my posting in 2013, the Bologna Process has been a model for the regionalization of higher education throughout the world. The Association of Southeast Asian Nations (ASEAN) has developed its own Qualifications Reference Framework.  In North America, the Canadian and U.S. structures are similar. The U.S. and Mexico, together with Canada, have opportunities to collaborate, once able to overcome uncertainties around security, funding, and availability of academic mobility programs.[5]  The next step following graduates’ mobility is mutual recognition of professional qualifications, for which the ASEAN region continues to make progress.[6]

 

Among the key findings in the book are that these aspects of domestic politics matter for higher education policy reforms:

1) Structure of government (unitary v. (quasi-)federal)

2) Leadership consistency providing support for the reforms

3) Funding available for education or national wealth (measured by GDP per capita)

 

Today the 48-country EHEA, with the European Commission as a partner, continues to develop a higher education space where academic qualifications become recognized across countries. Competitive external economic pressures are part of globalization, while domestic politics influencing international cooperation drive intergovernmentalism. Leadership from the supranational EU that socially engages stakeholders and constructs regional norms is Europeanization. Approaching the end of the second decade of the Bologna Process, the change in higher education finds economic, political, and social explanations.

 

Beverly Barrett has served as Lecturer at the Bauer College of Business in Global Studies and at the Hobby School of Public Affairs at the University of Houston. She served as Associate Editor of the Miami European Union Center of Excellence following her doctoral fellowship. Current research interests include international political economy, regional integration, and governance with particular emphasis on education and economic development.    

 

 

[1] Barrett, Beverly. 2017. Globalization and Change in Higher Education: The Political Economy of Policy Reform in Europe. London: Palgrave Macmillan.

[2] David, Paul A. and Dominique Foray. 2002. “An introduction to the economy of the knowledge society.” International Social Science Journal, 54:171, 9-23. Paris: UNESCO.

[3] Cantwell, Brendan and Ilkka Kauppinen (Eds). 2014. Academic capitalism in the age of globalization. Baltimore: Johns Hopkins University Press.

[4] Frank, David J. and John W. Meyer. 2007. University expansion and the knowledge society. Theory and Society, 36(4), 287–311.

[5] Vassar, David and Beverly Barrett. 2014. “U.S.-Mexico academic mobility: Trends, challenges, and opportunities.” Mexico Center Issue Brief. Baker Institute for Public Policy, Rice University, Houston, Texas.

[6] Asian Development Bank. 2016. Open windows, closed doors: Mutual recognition agreements on professional services in the ASEAN region. Mandaluyong City, Philippines: Asian Development Bank.

The post Globalization and Change in Higher Education: Economic, Political, and Social Explanations appeared first on Ideas on Europe.

Categories: European Union

Nation-building. Participant observation, June 2015.

Fri, 06/10/2017 - 07:00

A text I published elsewhere over two years ago.
Read it again against the backdrop of this week’s news, found it still valid.

 

It is not every day that a researcher has the opportunity to be the eye-witness of a nation in the making. Sunday evening 7 June 2015, at the intersection between Avinguda de Sarria and Avinguda Josep Taradellas in the centre of Barcelona, was such a moment. Bumping into a joyful crowd that was waiting for the victory parade of their Champions League heroes in an open-deck bus, we had over two hours to improvise an in-depth session of participant observation. From the reports in the following day’s newspapers, it appears that our ‘field work sample population’ was perfectly representative of the entire city, which for the occasion metamorphosed into a very, very long ‘Fanmeile’.

As is usual nowadays on such fan zones, the patiently waiting crowd was entertained with music from loudspeakers placed at regular intervals along the itinerary of the bus. Next to the DJ, a nice lady was handing out Barça flags to those (a minority) who were not already equipped with garment or objects in the club’s colours, while an equally nice security man was scratching his head somewhat anxiously given the impressive number of persons sitting and standing in the middle of the street.

The crowd had several distinctive features: it was fully trans-generational, encompassing every single age group of the city; it had a striking gender parity within each of these age groups; and it was very visibly ethnically inclusive, with a rather significant percentage of individuals from various migrant origins.

Every now and then the DJ played ‘El Cant del Barça’, the official anthem of FC Barcelona, the lyrics of which are not really on a higher level of poetic sophistication than what can be heard in other stadia, but which seems to be mandatory learning content in primary education, judging from the degree of familiarity shown by the schoolchildren.

The latter were easy to observe since the youngest among them had been placed on the garbage container in order to give them a good view on the bus (as shown by my little photo gallery). They were, of course, excited, and while not all of them were necessarily understanding what exactly was being celebrated, they were certainly all intuitively getting the point that this was an exceptional moment, a kind of cheerful, but solemn ritual allowing individual persons to publicly show their belonging and obedience to a larger social group.

In other words: this was socialisation at work. Right before our eyes, kids from various backgrounds were being turned into little Catalans. For life, probably. The composition of the public, the sheer size of the crowd, and the Catalan flags hanging from every second balcony clearly gave evidence to the fact that the clichéd Barça motto ‘Més que un club’ is not an usurpation. As a matter of fact, this is not a club at all. It’s a national team.

This impression is confirmed when you walk into the Barça museum, where you have to go past a poster that enumerates ‘Catalan Identity. Universality. Social Commitment. Democracy’ as the pillars of the Barça identity.  It sounds like a political platform.

The evening reminded me of two very good book chapters on FC Barcelona. The first one figures in Simon Kuper’s wonderful Football against the Enemy, written in the mid-1990s, at a moment when ‘every day shop signs in Spanish went down and were replaced by Catalan signs’. For Simon Kuper, Catalan nationalism was all about symbolic recognition, not concrete political independance: ‘The Catalans do not want a state of their own, but they want something vaguer than that, symbols to prove they are a separate people’, and Barça is ‘the symbol that this nation needs in lieu of a state’. Certainly not a wrong perception twenty years ago, but it would be difficult to write the same thing today, as it would no longer sound reasonable to qualify Barça as an ‘under-performing’ club.

Ten years later, Franklin Foer also dedicated a chapter to Barça nationalism in How Soccer Explains the World. For him Catalan nationalism is already much more tangible, but it appears to him as an open and inclusive nationalism, like the liberating idea introduced by the French Revolution before it was perverted (mainly by the German romantics) into what then become no doubt the most powerful ideology of the 19th and 20th century.

Foer’s enthusiastic vision of Catalan nationalism is not naive, but it is shortsighted: proto-nationalism that is based on an existing and practiced language and on strong cultural self-awareness, and that may at the same time credibly claim to have undergone a long period of oppression, almost naturally appears as a sympathetic cause. It’s when independence has been reached and a newly existing state is charged with protecting borders, redistributing resources, and defending so-called national interests when things have a tendency to turn nasty.

Producing new Catalans with the help of cultural symbols is not too complicated. Especially if you can use the powerful emotions that football is capable of providing. But maintaining openness, inclusiveness and ethnic diversity in a future independent state will be the real test. A slightly more demanding one than a Champions League final.

The post Nation-building. Participant observation, June 2015. appeared first on Ideas on Europe.

Categories: European Union

Must May go, or might May stay? A Brexit balancesheet

Thu, 05/10/2017 - 09:23

There’s nothing very useful to be to added to the general cacophony around Theresa May’s speech to her party conference yesterday: the jokes have all been made, the judgments handed in.

But one aspect that’s been relatively overlooked is the impact on Brexit: as discussion continues to swirl about, could it improve things to have her out of office?

The case in support of this looks pretty solid. Her authority, her policy and her communication are all severely lacking.

Firstly, her position within the party is severely compromised, and has been since the general election this spring. The trashing of her reputation was as swift and brutal as any that has been seen in recent times. The Tories are an unsympathetic lot when it comes to power and May failed the most basic of tests.

The speech appears to have done nothing more than convert some of the contempt into pity, which is not really an improvement, but instead another stage in the party’s rejection. It opens up the line of argument that she is tired and needs a break, ‘for her own good’: the attempt to get the party to buckle down on Brexit can now be met with a ‘there, there’.

Secondly, May’s policy line on Brexit remains utterly unclear. To all intents and purposes, we are still at the ‘Brexit means Brexit’ phase: empty rhetoric and incomplete and contradictory positions. The speech contained nothing to change that, a strange omission even if one considers the Florence speech to have been the main place for this: the conference as a whole was full of Brexit-talk, but without the push from the leader that might have mattered.

And this runs into the communication gap. This isn’t a matter of having a cough, but of having a communication strategy that reaches those it needs to reach, with appropriate messages.  To take the obvious example, the stronger response to Boris Johnson’s sniping would have been to re-appropriate the narrative on Brexit and Article 50 and demonstrate leadership on the matter, rather than skulking in the sidelines.

So, case closed. Right?

Not really. For as much as May is now damaged goods, there are good reasons to think that she remains the preferable person to be in Number 10.

First and foremost is the time question. As I think I’ve mentioned before, time is very much of the essence now in Article 50: we are now only just over a year away from the time when a deal needs to be finalised with the EU. Having already lost two months to a general election, losing another one or two months to a leadership contest – plus maybe another two to a further general election – looks deeply irresponsible. While there are still some who would happily leave the EU on a ‘no-deal’ basis, they are ever fewer in number, so the desire – which has built up markedly in recent weeks – to get to an agreement points towards making done with the current personnel.

Secondly, there is no one in the Conservative party who looks to have a more settled position on how to handle negotiations. There is a choice between the various shades of softening, and the various shades of hardening, but neither direction is built on a rigorous model and vision. Jacob Rees-Mogg and Boris Johnson might have been the darlings of the conference, but neither had any more to offer than platitudes on the greatness of Britain and how it would all work out in the end.

Even if a new leader did take over, the Conservatives would still have no single-party majority in the Commons, plus a potentially more hostile Opposition, galvanized by the scent of blood in the water: any hardening would also make internal party rebellion more likely.

Finally, and in contrast to the negative reasons for keeping May, there is also a positive in her premiership: the very ambiguity on policy that has hurt her so far. Article 50 is a negotiation and one in the which the UK was always going to have to make some compromises. While it might not have been the optimal way to go about it, May’s rhetoric has at least allowed for adaptions of position over time: consider sequencing, finances, transitions and all the other points she has given way on.

The original May plan was to be bold, but vague, then win a huge majority against Labour, then negotiate whatever deal, and then say “that’s what Brexit meant, and there’s nothing you can do to gainsay it, since you gave me a huge mandate.”

That plan now lies in the dirt, but May probably remains the best person to pursue something similar. Her very weakness means that she can now shoulder the blame as she compromises further.

In short, May has been the author of her own, slow-burning disaster. But that doesn’t mean she is yet to meet her end.

The post Must May go, or might May stay? A Brexit balancesheet appeared first on Ideas on Europe.

Categories: European Union

Measuring the Impact of EU Accession on Potential Candidate Country Parliaments

Mon, 02/10/2017 - 10:00
Publication resulting from the UACES 2017 PhD and ECR Conference

The impact of an EU membership perspective on the national parliament of potential candidate countries is an important yet underexplored subject, writes Blerim Vela. Outlining some of the elements of his research, he suggests that the executive-legislature relationship and strength of the media and civil society are connecting factors in parliamentary development.

Federica Mogherini in Kosovo, EEAS, CC-BY-NC-2.0

The Western Balkans countries first expressed their wish to be part of the European Union in the early 2000s. To accomplish this goal, national executives were strengthened and additional resources were allocated to deal with complex EU accession negotiations.

However, such a realignment of powers and resources at national level did not include national parliaments. They have tried to emulate the parliaments of EU Member States by establishing EU integration committees to oversee the work of their governments during the EU accession process. In many cases, parliaments have been reduced to rubber-stamping institutions for government decisions.

Most of the existing related academic literature focuses on the institutional adaptation of EU Member State parliaments. It considers the various scrutiny arrangements (e.g. European affairs committees) and assesses their effectiveness.

However, it has largely neglected the involvement of other standing committees on EU affairs, differential empowerment of parliamentary actors/bodies, inter-parliamentary cooperation and the role of parliamentary staffers during the EU accession process and subsequently. Moreover, scholars disagree on how to measure or operationalise the impact of the EU integration process on national parliaments.

One unexplored aspect is the impact of the EU integration process on the parliaments of EU potential candidate countries (PCCs). My research seeks to explain changes to the way parliaments of EU PCCs – namely, Kosovo and Macedonia – conduct their business during their country’s bid to become an EU member. I intend to trace the impact of EU accession as a process, rather than an outcome, in two main parliamentary functions: law-making and oversight.

Given the relatively new nature of democracy in the Western Balkans and the lack of historical experience with parliamentarism (in comparison to older EU Member States), I expect to find that the EU accession process is a crucial opportunity to shape institutional structures and procedures in parliaments, including their relationship with the government.

Having said that, it is prudent to also expect that parliaments in EU PCCs, faced with a loss of legislative influence during the EU accession process, react through institutional adaptation and increasing parliamentary oversight.

The impact of the EU accession process on the functioning of parliaments in my research is operationalised through review of formal and informal instruments. On the formal spectrum, this includes the EU’s conditionality and monitoring, based on the Stabilisation and Association Agreement and the European Commission’s annual progress reports; and the political dialogue with the EU institutions, such as the Joint Parliamentary Committees and European Parliaments reports. On the informal spectrum, this includes the EU’s technical assistance to parliaments – mainly through twinning projects with EU member states parliaments.

The institutional change of national parliaments that can be looked at on three levels. The first is through reviewing changes to parliaments’ rules of procedure based on amendments related to the EU accession process.

The second is through detailing institutional adaptations in parliaments that led to new processes (e.g. new oversight mechanisms or changes to law-making procedures), the establishment of new parliamentary bodies specifically tasked with overseeing the government work and performance on EU accession issues (such as committees and councils) and the creation of new professional support units in parliaments’ secretariats.

The third, following the above, is by observing any change in the nature and volume of parliamentary activities. This can be based on the number of amendments to draft laws, parliamentary questions and successful motions related to EU accession issues.

I aim to test whether the number of veto players constrains parliament’s institutional adaptation. Parliaments are highly formalistic institutions, often requiring procedural and structural changes to be instituted through amending its rules of procedure. In the cases of Kosovo and Macedonia, this requires a two-thirds majority of all MPs.

As such, attaining this majority is subject to the number of veto players involved and the type of political system (consensual or conflictual). Lower numbers of veto players and consensual politics enable the adoption of such amendments. Likewise, the actual implementation of new procedures in parliament is subject to meeting certain thresholds in terms of number of MPs supporting such initiatives and the ability to put items on the agenda.

Additionally, I will test whether free and vibrant media and civil society organisations have an enabling effect on institutional adaptation and level of parliamentary activity during the EU accession process. This proposition assumes that these media and civil society organisations can create motivating factors for both opposition and government MPs to introduce reforms.

Lastly, I predict that executive dominance over the legislature constrains institutional adaptation and the level of oversight. In cases of coherent governing majorities and party discipline in voting, one can expect that opposition parties will have a limited impact in introducing oversight initiatives. However, if the governing coalition is composed of many political parties and party discipline is weaker, the chances are higher that oversight initiatives will come about.

Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.

Comments and Site Policy

Shortlink for this article: bit.ly/2hFsa5K

Blerim Vela @Blerim_Vela
University of Sussex

Blerim Vela is PhD Candidate in Politics at the University of Sussex. His research focuses on the impact of Europeanisation on the functioning of potential EU candidate countries’ national parliaments. He previously worked for the UNDP and OSCE in a number of countries.

The post Measuring the Impact of EU Accession on Potential Candidate Country Parliaments appeared first on Ideas on Europe.

Categories: European Union

Why the EU Needs ‘De-crisising’

Mon, 02/10/2017 - 09:30
Publication resulting from the UACES 2017 PhD and ECR Conference

The usage of the term ‘crisis’ when discussing the EU’s current challenges has become widespread in media reporting, writes Max Steuer. Drawing from his analysis of quality newspapers in several Visegrad countries, where calls for the EU to address problems have often been accompanied by opposition to EU-wide solutions, he calls for more careful referencing to crisis in wider public discourse.

European Parliament in Strasbourg, European Parliament, CC-BY-NC-ND-2.0

The EU is in crisis – hardly anyone could get a different impression when reading or listening to the news. From economics, through to foreign policy, up to the more recent issue of migrants/refugees, the EU is overwhelmingly judged to have failed to effectively respond to the challenges of our times.

But what does crisis, this heavily-loaded term, stand for? When does a series of developments qualify as a crisis? Are there any criteria that are distinctive to it? These questions are largely neglected in political discourse and, more surprisingly, in academic research as well.

The synthesis of some attentive analyses increasingly points to the strong evaluative dimension entailed in the crisis. The way this concept functions is far beyond its etymological origin. However, empirical research is needed to show how crisis is about labelling, framing certain events as detrimental to progress or upholding existing values, and the attribution of responsibility for causing the crisis to concrete actors.

The media is an important forum where the rhetoric about ‘crises’ can manifest in this way. Various actors, not only journalists themselves, present their opinions there. One would expect though, that quality newspapers as opposed to tabloids will publish more in-depth analyses, approaching crisis critically and not as ready-made. This applies in the Central European context as well, where there have been discussions about the Visegrad countries possibly preferring an ‘own way’ in the EU when it comes to policies towards refugees and migrants.

Yet, a closer look at six Central European newspapers – namely, Népszabadság (before it had been shut down through the influence of the Orbán government) and Magyar Nemzet in Hungary, Sme and Pravda in Slovakia and Lidové noviny and Mladá Fronta in Czechia – invites a deal of skepticism about such a claim. Even quality newspapers (and not necessarily only in the countries under scrutiny) tend to take up the rhetoric of the various crises, the three major ones being the economy, Ukraine and ‘migrants/refugees’. The popularity of this rhetoric manifests itself in three ways.

First, the sheer magnitude of articles which discuss the EU, its institutions or policies or its relationship with the Member States, in the context of crises, is remarkable. From late 2008 to days after the Brexit referendum at the end of June 2016, 1347 articles were published which have been identified and fulfil the above criterion. While there are others not portraying the EU in this way, the crisis talk seems to be enormously popular.

Second, there is no unified frame in which the EU in crises is being portrayed. Yet, when it comes to attribution of responsibility, ‘European elites’, ‘Brussels bureaucracy’ and the like is undeniably a major target of blame for the causes of the ‘crises’. This is not only embodied in the rhetoric of several key current or former politicians, such as Hungarian Prime Minister Victor Orbán (for instance, his claim that ‘the European political elite sits in an ideological bubble’) or former Czech President Václav Klaus, who, in his own words, ‘would not defend the EU’.

Third, there is a general preference for a ‘joint EU approach’ when it comes to dealing with the crises, but with hardly any detail of what this approach should be. Moreover, this call for joint action contrasts with opposition to EU-wide solutions, in case of the Visegrad countries particularly in the area of asylum and integration policies. In fact, such opposition seems to decrease the chance for a joint solution – whatever that may mean.

The danger entailed in the rhetoric about crises is the gradual diminishing of the EU’s positives in political discourse. More specifically, the EU institutions and their representatives come to be perceived as the originator of the ‘permanent crisis’ of the EU. A natural implication is that without the EU, or (from a Visegrad Member State’s perspective) without a particular state being an EU member, the harmful effects of the crises would disappear.

Without setting clear criteria that distinguish ‘crisis’ from everything else, the term remains an imprecise, unscientific label that does not offer any value on its own and can be exploited for populist goals to gain support for a certain (mostly anti-EU) set of ideas. To be sure, this does not mean that all criticism of the EU as it stands (and even of EU institutions and their representatives) is invalid or detrimental to the quality of political debate. However, when ‘crisis’ is used to make a negative emotional link to the ‘European elites’ and ‘Brussels’, it becomes a tool for (predominantly anti-EU) political campaigns.

Since June 2016 developments have increasingly pointed towards the option of an EU core being formed by those Member States which wish to join it and adhere to its rules. The ‘core’ argument has been reflected in domestic political debates, for example, in Slovakia. It might yet be another consequence of the crises discourse – if there is crisis, a solution is needed which can also be constructed as a solution and presented to citizens.

It is at this point when ‘de-crisising’ comes in as a recommendation for adjusting the rhetoric of all actors involved. This strategy entails discussing the EU’s challenges, but using ‘crisis’ only when there is a clear explanation of the benchmark for it. Secondly, it implies that there is a need to talk more about the EU’s benefits, and to do so in innovative ways. In order to achieve this, quality newspapers may admittedly offer only a limited forum, and new media, including social networks, should be the focus instead.

This article draws on a chapter by the author to be submitted for the forthcoming edited volume – Bátora, J and Fossum, JE (eds): The EU and its Crises: From Resilient Ambiguity to Ambiguous Resilience

Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.

Comments and Site Policy

Shortlink for this article: bit.ly/2hGDXRv

Max Steuer 
Comenius University in Bratislava

Max Steuer is PhD Candidate in Politics at the Comenius University in Bratislava. His researh interests include political institutions in Central Europe and political rights. He is the Head of the Academic Department of the International Association for Political Science Students (IAPSS).

The post Why the EU Needs ‘De-crisising’ appeared first on Ideas on Europe.

Categories: European Union

Taking an Alternative Approach to Doing EU Studies: Using Foucault’s Thinking to Better Understand the EU and Migration

Mon, 02/10/2017 - 09:00
Publication resulting from the UACES 2017 PhD and ECR Conference

The journey of connecting your research interests and questions as a PhD student with an effective means of exploring them can sometimes be challenging, writes Rachael Dickson Hillyard. Reflecting on her research critically analysing EU narratives on good governance and rights-based policies, she argues that it is important to recognise the different ways of studying the EU and to embrace more reflexive approaches.

Opening of Unity Dome, Estonian 2017 EU Presidency, CC-BY-2.0

Typically, for me anyhow, I submitted an abstract to the call for papers for the UACES Student Forum conference and, by the time I came to writing the contribution, I kind of changed my mind about what I wanted to talk about. Apologies. When it came to writing this article, I thought the topic actually has a lot to say to EU studies in general and those who research it, try to understand it and, for their sins, attempt to explain it to others.

The European Union is without doubt a complex, diverse, and vast entity. It can be frustrating, dense and is always changing. During undergraduate politics studies, it certainly piqued my attention and I became curious to know more about how it operates, how it uses its powers and how it affects the lives of those who come into contact with it.

When it came to designing my PhD research, I became somewhat frustrated by the ‘ready-made’ frameworks for researching, and thus understanding, the EU. In the early days, I received comments that EU studies was at best ‘a bit passé’ and, at worst, ‘over’. I couldn’t accept this to be true, particularly as the migrant crisis was surging, and the international media were looking to the EU for answers and solutions. And in the midst of other discussions on the future of the Eurozone, possible (now inevitable) Brexit, among many others.

I was grateful to find UACES and meet a bunch of like-minded people who not only continue to understand diverse and different aspects of EU law, politics, sociology, history, etc but fiercely defend and promote the discipline. At the 2013 UACES Student Forum conference, I listened eagerly to Nathaniel Copsey argue the need for a loyal opposition in the EU, to critique the institution from within.

I returned to my research plan having read Richard Whitman’s call for more dissenting voices in EU studies, and enthused to contribute to its reinvigoration. Essentially, I began searching for ways to research that would address the underperformance of critical reflexivity identified by Lucie Chamlian and Dirk Nabers. The drive to produce relevant research is a pressure for any PhD student, but it seemed even more pertinent in EU studies.

To help action this desire, my supervisor kept probing me to rework and narrow my research questions so as to specify what exactly it was I wanted to find out. Through this process I came to realise that my interest was not so much in what the EU was doing to tackle the migrant crisis or why the EU has developed an identity as an international human rights actor. Instead, I was interested in the how questions. How was the EU going about managing the crisis? How did this affect the practice of rights? How was solidarity defined in relation to this? And, most importantly, how could we better understand the EU’s actions?

Tazzioli’s view that EU studies is too EU-centric, and our understanding of it relies too heavily on the narratives and truths it creates for itself, resonated with my avenues of inquiry. My interest, therefore, became in questioning the knowledge these narratives establish and the assumed truths that underpin understandings of how the EU operates. Foucault saw this type of critique akin to curiosity; it is:

[…] a passion for seizing what is happening now and what is disappearing; a lack of respect for the traditional hierarchies of what is important and fundamental (Foucault, p 325).

In using his ideas to frame my research, I did not adopt a theory or methodology but instead used his ideas as a tool.

This tool has allowed me to do a number of things. Firstly, to offer a critique of the EU’s narrative of good governance and rights-based policies by questioning the relationship between knowledge, power and government. Secondly, using governmentality, to expose the tactics and technologies the EU has pursued. These seemingly mundane and often administrative practices expose subtle power relationships between the EU as a rights-actor and the migrants who are subjected to them. Thirdly, to be creative in cultivating lenses for analysis which offer nuanced and deeper contextualisation of the values underpinning EU policy.

There have been some challenges along the way. Both the ideas of Foucault and the literature on the EU can be difficult subject matter, so synthesis has involved in-depth, lateral thinking, often to the limits of my capabilities. In addition, studies based on Foucault also have their critics. His work might not provide an approach for everyone. He himself did not profess to provide all the answers, but rather shifted how we approach inquiry from restrictive theories to adaptable and flexible tool kits. However, there are a plethora of other critical scholars and lens worth considering. Critical studies based on the work of Jacques Derrida, Gilles Delueze, Wendy Brown and Judith Butler, among others, have provided different perspectives on law, politics and society.

To draw these thoughts together: my experience of devising and using a critical approach to understanding a particular aspect of EU governance shows there is more than one way to look at the EU. It emancipates the debate from dogmatic approaches about who is right and challenges to narratives propagated by the EU. The lessons of self-reflexivity and questions of how will, I understand, become more pertinent as we, the field of EU studies, navigate Brexit and a post-Leave research field.

Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.

Comments and Site Policy

Shortlink for this article: bit.ly/2xMKy0R

Rachael Dickson Hillyard @rdicko
Queen’s University Belfast

Rachael Dickson Hillyard is PhD Candidate in Law at Queen’s University Belfast. Her research focuses on the European Union’s response to the migrant crisis from legal and political perspectives. She was previously a Committee Member of the UACES Student Forum.

The post Taking an Alternative Approach to Doing EU Studies: Using Foucault’s Thinking to Better Understand the EU and Migration appeared first on Ideas on Europe.

Categories: European Union

ECPR 2017 – continuing our focus on higher education, research and innovation

Fri, 29/09/2017 - 12:20

Nicoline Frolich and Ivar Bleiklie chair panel on higher education policy

 

 

 

 

 

 

Hannah Moscovitz and Martina Vukasovic

This year’s ECPR (European Consortium of Political Research) General Conference took place at the University of Oslo between September 6-9. The conference included hundreds of panels on a wide array of topics and representation from close to 2,000 academics from around the world. The ECPR Standing Group on the Politics of Higher Education, Research and Innovation, for the sixth time in a row (following Prague 2016, Montreal 2015, Glasgow 2014, Bordeaux 2013 and Reykjavik 2011) organised a section with a total of six panels covering various themes related to knowledge policy governance.

 

The section opened with the panel European Integration in the Knowledge Domain –
Taking Stock and Forward Outlook.
The panel was based on the research agenda presented in Maassen and Olsen’s (2007) seminal book “University Dynamics and European Integration”. Peter Maassen began by reflecting on the book’s contribution to empirical and theoretical work on higher education research. Mari Elken presented a paper outlining ideas for further developing the research agenda on European higher education and emphasizing the importance of considering the complex ecology involved. Jens Jungblut followed with a discussion of the political contestations involved in the implementation of European policy ideas at the national level. Finally, Meng-Hsuan Chou and Pauline Ravinet presented their research on higher education regionalism, discussing its potential for contemporary political research as well as the importance of comparing regions ‘beyond Europe’ to further develop this field.

 

The following panelPolicy translation, adaptation and complexity in higher education, research and innovation – explored the various conditions which shape knowledge policy design. Hila Zahavi presented her research assessing the manner in which the EU’s foreign policy interests are embedded in various EU funded higher education programs. Teresa Patricio’s paper explored the research and higher education policy implications involved in complex international collaborations through the example of Portuguese university partnerships. Davide Donina then presented his paper on the examination of New Public Management features in Portuguese and Italian higher education systems, through a comparative and multi-level analysis. Hannah Moscovitz’s paper addressed the role of territorial identity-related interests in the design of knowledge policy from a subnational perspective. Finally, Sandra Hasanefendic’s paper examined the different responses to a new research policy implemented in two Portuguese poly-technics, revealing that the heterogeneous responses can be attributed to unique organisational structures.

 

The third panel highlighted empirical and theoretical contributions to research on the Policy, Governance and Organisational Change in Higher Education. Martina Vukasovic opened the panel with a discussion of the term ‘loose coupling’ in higher education research – outlining how it has been used, discussing some lacunas in its empirical application and opening avenues for future use. Sara Diogo then presented her paper on the influence of the OECD on European higher education, highlighting the diffusion of educational trends in Portugal and Finland. Roland Bloch followed with a presentation on the role played by the German Excellence Initiative in the proliferation of doctoral programs and its impact on the overall structure of German higher education. Agnete Vabo’s paper assessed how university mergers affect institutional autonomy and strategic steering, shedding light on the diversification involved. The panel concluded with a presentation by Ivar Bleiklie on the potential for discussing a Scandanavian model for higher education through a consideration of the commonalities and differences between Scandinavian countries’ higher education models.

 

The panel on Research Executive Agencies – Independent Organizations or the Extension of Research Policymakers?, aimed to prompt a discussion on research executive agencies (REAs) and their implications for knowledge policy research. Sarah Glück introduced the panel by highlighting the importance of scrutinising REAs in order to understand the competing logics inherent in science policy systems. Rupert Pichler and Sascha Ruhland’s paper analysed the normative framework governing research funding agencies, focusing on a number of dynamics impacting Austrian government policies in this domain. Que Anh Dang’s presentation explored Nordic higher education regionalism revealing how regional research agencies have contributed to new forms of region-building and market making in the area. Thomas König and Tim Flink’s paper assessed the challenges of the ERC for European research policy which they attribute to both its organisational framework and discursive compromises it undertakes. Finally, Inga Ulnicane presented her work on the concept of ‘grand challenges’, assessing whether it represents a new paradigm in science, technology and innovation policy.

 

The panel Unbundling knowledge production and knowledge dissemination aimed to conceptualise the ‘unbundling’ of knowledge policy; examining the different actors involved, understanding the consequences of such processes and implications for the university’s perceived role in society. Farah Purwaningrum’s paper discussed the understanding of the university’s third mission in Malaysia, specifically asking how the idea of the third mission as perceived by the Malaysian Ministry of Education affects knowledge production in Malaysian universities? Joonha Jeon’s paper assessed how New Public Management has influenced the realization of universities’ ‘third mission’, highlighting university-industry links in South Korea. Finally, Janja Komljenovic presented her paper assessing the unbundling processes evident in university social media marketing strategies. Through the example of LinkedIn, the study shows an important connection between higher education, markets and digital platforms.

 

The topic of the last panel in the section was Quality and Effectiveness of Governance in Higher Education: Unpacking the Quality of Governance and Effects of Governance Changes in Higher Education Policies. The panel comprised five papers. First, Michael Dobbins presented a comparative study on German and Swiss higher education reforms which, in response to similar challenges such as globalization and competition pressures, took two distinct (and somewhat unexpected routes) – decentralization and centralization, respectively. Giliberto Capano presented the study he co-authored with Andrea Pritoni on whether increasing autonomy can account for changes in education performance in Western European higher education systems. Meng-Hsuan Chou presented the paper co-authored with Pauline Ravinet concerning effectiveness of inter-regional policy dialogues, in particular focusing on cooperation between EU and ASEAN in the form of EU-SHARE project. Beverly Barrett presented a paper on higher education in Latin America, Portugal and Spain. The panel concluded with a paper by Jens Jungblut and Peter Maassen focusing on quality of governance in sub-Saharan Africa, which, amongst other, provided also a conceptual contribution concerning two dimensions of quality of governance – autonomy and capacity.

 

Apart from the panels in this section, the members of the Standing Group also took part in other sessions, including:

-          Roundtable on the consequences of internationalization of political science education

-          Featured Panel: The European Research Council @ 10: What has it done to us?

-          Transformation of the Political Studies Profession: What does it mean to be an Active Academic in the Current Era?

 

Standing Group dinner at the Nordic Institute for Studies in Innovation, Research and Education NIFU

As has become tradition, the Standing Group also had its annual meeting focused on planning future activities, including ECPR 2018 which will take place in Hamburg. The meeting was also marked by the Award for Excellent Paper from an Emerging Scholar to Que Anh Dang for her paper “The Bologna and ASEM Education Secretariats: Authority of Transnational Actor in Regional Higher Education Policy”. Standing Group members attended the keynote lecture by Johan P. Olsen “Democratic Accountability and the Changing European Political Order” and enjoyed the very generous hospitality of the Nordic Institute for Studies in Innovation, Research and Education NIFU, which hosted the traditional Standing Group dinner.

 

ECPR 2017 was another successful year for our Standing Group, gathering researchers from 20 different countries, currently based on three continents (Asia, Europe and North America). See you in the next ECPR General Conference in Hamburg in August 2018!

 

The post ECPR 2017 – continuing our focus on higher education, research and innovation appeared first on Ideas on Europe.

Categories: European Union

Britain’s Brexit Strategy: Lions Misled by Donkeys

Thu, 28/09/2017 - 15:21

Prime Minister Theresa May’s speech in Florence was intended to move forward stalled Brexit negotiations. But as I argue in this post that first appeared on the Dahrendorf Blog, Britain has found itself running into numerous problems with Brexit because its strategy for exiting the EU has been a textbook example of failed strategic thinking.

It’s said that in the First World War the Germans viewed the British troops and their generals as lions led by donkeys. One hundred years on, to much of the rest of Europe it is Britain’s national leaders, bereft of any coherent unified strategy for exiting the EU, who are donkeys misleading a great country.

If things continue as they have been, Britain’s approach to Brexit will be studied by generations of strategists as an example of flawed strategic thinking. The rest of Europe and Britain’s key allies such as the United States should lament this. As the Henry Jackson Society pointed out in a recent report, Britain remains a country of immense power and potential. It is not a dwarf and Brexit does not doom it to become one. The British people, like the troops of the First World War, will soldier on. But Brexit does pose the biggest political, administrative, and economic challenge Britain has faced in a long time. If it is handled badly, Britain will suffer unnecessary pain and losses. In facing such a challenge, the British people deserve to be led by leaders with a grasp of what it is they want to achieve and an ability to direct Britain towards it.

Strategy is a balanced combination of ends, ways, and means, which incorporates an assessment of risk and an opponent’s likely behaviour. Successful implementation and adaptation of strategy depends on having leaders who are able and willing to react and lead the struggle. Britain’s approach to Brexit has not lived up to this definition.

Before we open this up further let us be clear that Brexit is not a simple one-off event. It is a series of overlapping multifaceted, multi-levelled processes, negotiations, and debates involving multiple actors in Britain, the remaining EU, Europe, and the rest of the world. Its wide-ranging nature and complexity make it one of the most important and difficult political issues to define and analyse. Finding a way through it, for all involved, was never going to be easy. As I’ll touch on in a future blog post, the EU’s own approach has not been without problems. But Britain has so far gone about it in a particularly poor way.

Ends

Britain has made the fundamental strategic mistake of not knowing what end it seeks from Brexit. “Brexit means Brexit” said Theresa May. But Brexit is a process with no clearly defined destination. It’s like saying “War means war”. War, after all, is a means to an end. Britain’s leadership has been divided, unsure, and left shell-shocked by the Leave vote in a referendum in which most of them had campaigned for Remain. But in voting for Leave what the British people wanted Leave to mean – and therefore what end they want the UK government to deliver – has never been entirely settled. Its why British politics since 23 June 2016 has been defined by a battle to define the narrative of Brexit. It was the need for a mandate to define such a narrative that led Theresa May to trigger an unexpected general election. She hoped it would empower her to pursue the Brexit she outlined in January. Instead, the hung parliament that emerged has only confused things further.

That more than a year on from the vote British politicians are still arguing about the nature of a transition deal points to how far there is still to go before Britain knows what it wants from what Theresa May describes as a “deep and special partnership” with the EU. And it has not been just the governing Conservative party that has struggled. Labour, the Liberal Democrats, and other opposition parties have either fudged the issue or offered unrealistic ends as part of electoral manoeuvring rather than an assessment of what is possible or in the national interest. The inability of British politicians to know what they want and whether they can get it has led to calls for the EU to take the initiative by explaining to the UK what its options are.

Ways

With an unclear end, the UK has been in no position to assess or prepare the ways to get there. Given that no plan survives first contact, the need to constantly plan and adapt is one of the key requirements of any strategy. As Former U.S. President and U.S. Army General Dwight D. Eisenhower once said, “plans are worthless, but planning is everything”. It makes sense, therefore, to task the British civil service with planning for a range of possibilities, including a no-deal scenario. That sounds an ideal way towards a resilient strategy. But the planning only started a year ago, thanks to David Cameron’s refusal to contemplate a Leave vote in the run-up to the referendum. Since then, and as noticed by the EU’s negotiators, Britain’s negotiators have struggled to grasp the detail because there’s so much for them to do. This hasn’t stopped British Ministers from promising to achieve great things. They ignored that they lacked a way – and the time –to settle Brexit in the two-year timeframe provided by Article 50. They forgot that under-promising and over-delivering is a shining virtue; vice versa, a mortal sin.

Means

With no clear end and inadequate and confused ways, it should come as no surprise that Britain has been unable to prepare, configure, or effectively deploy the means it has available. The means are plentiful: staff, money (not least Britain’s budgetary contributions), legal positions, diplomatic support from allies, trade deals, military and security capabilities, the status of UK and EU citizens, Britain’s trade relationships with the rest of the EU, the power of the City of London, and so forth. One reason Britain has struggled is because its diplomatic means in Europe are not what they once were. Before the referendum, a great deal of EU business was conducted via Brussels. Large parts of Britain’s diplomatic resources throughout the rest of the EU were redirected towards areas of the world outside Europe, especially emerging powers. That now must be rebalanced.

Britain also needs replacements for EU regulators, additional civil servants to undertake new work, new facilities at ports, new IT systems to address changes in how trade is handled, and much more. None of this is impossible and work has begun, but it’s still in the early phases. The rest of the EU knows this. Those who compare Brexit negotiations to a poker game overlook how both sides know exactly what the others hand is. Threatening to walk away from the EU when you won’t have the means in place to deliver a ‘hard Brexit’ in a way that doesn’t inflict real and lasting damage is a bluff the other side sees straight through.

Assessment of Risk

Britain’s assessment of the risks involved in Brexit has been lacking. In triggering Article 50 when she did, Theresa May made time an ally of the EU and increased the risk of Britain not having a settlement in time for an exit it wanted. The British government forgot what the ancient Chinese general Sun Tzu argued in the 5th century BC: ‘The victorious strategist only seeks battle after the victory has been won, whereas he who is destined to defeat first fights and afterwards looks for victory’. Having jumped headlong into Article 50 negotiations, Britain has come to realise over the past year that it needs to look for a way to victory.

Assessment of the EU

Assessment and understanding of the EU, the UK’s opponent in Brexit, has been limited. May’s speech in Florence was billed as a ‘re-engagement with Europe’. That will have perked up the ears of the rest of the EU, because, as the outgoing French ambassador in London recently noted, the UK has spent the past year talking to itself about Brexit. Leaders and decision makers elsewhere in the EU have routinely denounced talk such as ‘having your cake and eating it’, and done so to the point of ridicule. Yet with donkey-like stubbornness, some British ministers have continued to repeat and, even worse, believe their own rhetoric. Mrs May and the rest of the UK’s leadership need to recognize that the EU is changing and that Britain’s place in Europe will be shaped by this dynamic, and not only by its own hopes and plans for Brexit. Brexit is but one of several challenges and opportunities confronting the EU, among them the pressures facing the eurozone, Schengen, Russian relations, the future of NATO and ties with the U.S. How the EU responds to these pressures will determine its place in the world and frame its future relationship with Britain.

Does this mean Britain is doomed to lurch from one Brexit crisis to the next, resulting in catastrophic humiliation for Britain? Not necessarily. Britain might have over-reached in the first phase of Brexit negotiations, but it’s still too early to evaluate the full significance of Brexit and whether the old phrase holds that you can lose a battle but win the war. That, of course, depends on where Britain and the EU end up in the 2020s in terms of their relations and relative power in the world and in Europe. The rest of the EU has its own weaknesses. Strategies for saving the euro have sometimes been nothing more than glorified exercises in muddling through, with EU decision-makers often making donkeys of themselves. The only strategy that can realistically work is one based on mutual self-interest, where losses are minimised for both sides. However, it remains unclear whether Britain, or the EU, can find ways towards this.

This post first appeared on the Dahrendorf Blog.

The post Britain’s Brexit Strategy: Lions Misled by Donkeys appeared first on Ideas on Europe.

Categories: European Union

The Spectre of the ‘Welfare Tourist’ within the Judgements of the CJEU

Tue, 26/09/2017 - 05:07
Publication resulting from the UACES 2017 PhD and ECR Conference

Although little evidence supports the existence of welfare tourism, the EU’s Court of Justice has increasingly adopted this economic rationale in its rulings, writes Charles O’Sullivan. He argues that the court, having departed from its original legal test for social assistance claims in several decisions, is bowing to political pressure on access to welfare support.

Jobcenter Berlin Mitte, Manfred Wassmann, CC-BY-SA-2.0

The ‘welfare tourist’, despite a lack of evidence to support its existence, is considered to be a migrant who moves to another state with the specific intention of taking advantage of its more generous welfare system. The European Parliamentary Research Service however believed that the current invocation of this category of migrants has little to do with them.

Rather, it is the economically-inactive generally as well as the current rules supporting free movement that critics oppose, despite EU law mandating that EU citizens do not become an ‘undue burden’ on the national social assistance system. Yet the Court of Justice of the European Union (CJEU) has begun to utilise this language both directly and indirectly within its own judgements in recent years with greater frequency.

The ‘Undue Burden’ in Directive 2004/38/EC

Directive 2004/38/EC regulates the right to residence and social assistance for EU citizens regardless of their economic activity. The right to move and reside freely is contained in Articles 6, 7 and 16 of the directive, and outlining the conditions applied to residence in a host state for less than three months, between three months and five years and over five years, respectively.

Article 7 in particular makes clear that those resident in a Member State between three months and five years cannot become an ‘undue burden’, and must ensure that they possess adequate financial resources and health insurance. Where they are capable of being deemed as such, they may lose their right to reside and, in some circumstances, can be removed on this basis. Article 14 does underline that an EU citizen cannot automatically be deemed an undue burden and removed simply by attempting to access the national social assistance system.

The Brey Test

It was not until the Brey case that the CJEU specifically adopted a set of criteria a Member State should apply to the economically-inactive making a social assistance claim who does not retain worker status. The court made clear that, before a social assistance claim is refused, the relevant welfare authority within a Member State must consider:  if it is merely a temporary difficulty; the applicant’s length of residence; any relevant personal circumstances; the amount that would be paid to them; and how many others would be in the same position (Paras 64 and 78).

For a small subset of individuals, this would have granted them a presumptive right to access social assistance, albeit one which was still a very limited right and one which would place their residency in a degree of jeopardy. It was still possible for such persons to be considered an undue burden once they had been granted access and their limited period of access had elapsed.

Dano as ‘Evidence of Welfare Tourism’

A short time later, the decision in Dano confirmed that the court had significantly reassessed the Brey decision and was adopting the ‘welfare tourist’ as a specific exception to this rule. The case involved a Romanian national who, along with her son, lived with and was cared for by her sister in Germany. She was subsequently refused a social assistance payment which as a secondary purpose facilitated access to the labour market and argued that this was discriminatory under EU law as EU citizens were not entitled to it.

Rather than focusing on this question, the CJEU emphasised that Ms Dano had no intention of working, and was a ‘fairly blatant’ example of welfare tourism. Very little was made of the fact that she had been resident in Germany for some time, had been granted an unrestricted right to residence, and was already in receipt of other social assistance payments. Nor did the court consider that she was low-skilled, and had a low level of spoken and written German comprehension. Due to her lack of economic activity, the court distinguished it from the criteria set out in Brey as well as overruling the German authorities by saying that she would no longer have a right of residence under EU law.

Subtle Restatement in Alimanovic

In Alimanovic, the German state sought to clarify whether or not it had acted justly in cutting off a Swedish jobseeker from the same broad category of payment at issue in Dano once the applicant’s statutory entitlement had elapsed. In finding in favour of the German authorities, the CJEU held that, whilst Ms Alimanovic would not herself constitute an undue burden on the state, to limit a Member State’s authority in this area could lead to unreasonable demands being made on its welfare system (Para 62).

The applicant’s surrounding personal circumstances were again not considered, and the court made several mentions of the Dano decision before concluding that Brey was not applicable, despite it being unlikely that her continued receipt of this payment would be more than temporary. The broader argument concerning the sanctity of the national welfare system and need to limit the access of others to social assistance, a tacit reference to welfare tourism, superseded her personal circumstances.

Limited Rights for All?

The most recent and perhaps the most worrying continuation of this trend took place in Commission v UK, which dealt with social security for the economically-active, a statutory right. Yet the CJEU allowed conditions not present in the rules governing access to social security, but included in Directive 2004/38/EC, could be applied by Member States in order to protect the financial security of their welfare systems and to verify entitlements (Para 80).

In justifying this approach, the CJEU invoked both Dano and Brey, and signalled that further changes targeted directly and indirectly at the spectre of welfare tourism remain all too present in this area. From this we can see that economic arguments are now being adopted as a general rule in all areas of EU welfare law due to external political pressures from, as well as within, the Member States.

Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.

Comments and Site Policy

Shortlink for this article: bit.ly/2ypwR6U

Charles O’Sullivan @oscharles
Maynooth University

Charles O’Sullivan is PhD Candidate in Law at Maynooth University. His research focuses on access to social welfare in Ireland for different types of migrants under EU and Irish law.
.

The post The Spectre of the ‘Welfare Tourist’ within the Judgements of the CJEU appeared first on Ideas on Europe.

Categories: European Union

Brexit, Scotland, and the Kingdom: a constitutional drama in four acts

Fri, 22/09/2017 - 07:00

The European Union (EU) referendum result has led to the unfolding of a domestic constitutional drama in the United Kingdom, which on its current trajectory could lead to its break-up. This is the first of two blog posts which maps the initial trajectory by considering the roles of the key institutional actors in the drama so far. The second post  will consider the impact of the European Union (Withdrawal) Bill, published in July 2017 and to be debated by the UK Parliament in Autumn 2017, on this constitutional drama.

Setting the scene

Within the framework of the current devolution settlement, the UK’s withdrawal from the EU will mean that Scotland also leaves, despite 62% of the Scottish electorate voting to ‘remain’. However, EU law is embedded within Scotland’s devolved constitutional landscape – the devolved administrations are required to honour the obligations of EU law – and a UK withdrawal from the EU will have direct and significant impacts on the devolution settlement as currently designed.

This sets the scene for a constitutional drama which has been slowly unfolding since 24 June 2016.

Act 1

Enter – the Scottish Government

The referendum result has prompted calls from Scotland’s First Minister to ‘take all possible steps and explore all options to give effect to how people in Scotland voted.’ Short of a second independence referendum which, if successful, would allow Scotland to become an EU Member State in its own right, consideration, as promised, has been given to whether Scotland could remain in the EU without seeking independence in two position papers: Scotland a European Nation and Scotland’s Place in Europe.

Although legally feasible, implementation of the plan set out in these papers would require a high level of political will and legal creativity at both the UK and the EU level. However, the UK Prime Minister has not so far shown any signs of willingness to permit Scotland to negotiate a differentiated position as part of the Brexit negotiations.

Act 2

Enter – The UK Government

The UK Government’s reaction to its counterpart’s calls from Holyrood to respect the decision of Scottish voters to remain in the EU has been muted. Aptly summarised under the title of the ‘May Doctrine’ the UK Government is said to be proceeding on the basis of two assumptions: first, that a certain course of action, namely Brexit – however vaguely defined in its specifics – is irresistible. Second, that the UK executive alone has direct responsibility for the implementation, delineation and definition of Brexit (Blick, 2016).

The ‘May Doctrine’ is clearly enunciated in Theresa May’s Brexit speech, given on 17 January 2017, in which the Prime Minister made it clear that there would be no accommodation of Scotland’s desire for a differentiated relationship with the EU. Doubts were also cast in this speech, and in the government’s subsequent White Paper, over the future remit of the Scottish Parliament. It is often assumed that those powers currently exercised by the EU which fall within devolved competence will be repatriated to the Scottish legislature. In her speech, Theresa May instead suggested instead that it would be left to the UK Parliament (with no mention of the devolved administrations) to decide on any future changes to the law. This position has been confirmed in the publication of the European Union (Withdrawal) Bill; a preliminary overview of which can be found here (for more detail on the devolution aspect see blog post 2).

Despite much rhetoric to the contrary the UK government’s position on Brexit expounded to date appears to diminish rather than value the devolved constitutional landscape of the UK and the voices of the administrations within that. There is no legal means by which those voices can be taken into account and a flawed intergovernmental talking shop (the Joint Ministeral Committee) is apparently not providing a meaningful forum for genuine discussions based on mutual trust and respect. With the stakes so high, this is a sorry situation indeed, and in all likelihood, a constitutional collision course in the making.

Act 3

Enter – The Supreme Court

The Supreme Court has taken the place of the third actor in this constitutional drama. In R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 the Court was asked whether the UK Government had the power to give formal notice of the UK’s withdrawal from the EU (to ‘trigger article 50 TEU’) without prior parliamentary authorisation through a legislative Act. The outcome of the case in respect of this question is well known: namely that an Act of Parliament is required to authorise ministers to give notice of the decision of the UK to withdraw from the EU. However, the Court was also asked to examine the role of the Sewel Convention which provides that the UK Parliament will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament. Given that the decision to leave the EU directly impinges on a considerable part of the work of the Scottish Parliament and Scottish government on issues ranging from agriculture and fisheries, environmental protection to higher education and research, the argument was led that the UK Parliament required the consent of the Scottish Parliament before it could trigger Article 50 TEU.

The Supreme Court unanimously held that the Sewel Convention effectively restates a constitutional convention rather than a legally binding obligation. The Court did not reach a conclusive decision on whether consent was required as a matter of convention but did decide that the devolved legislatures lack the legal power to block the triggering of Article 50 TEU.

The decision of the Court in this respect may well contribute to the heightening of tensions within our current constitutional drama as the European Union (Withdrawal) Bill will be subject to approval by the Scottish Parliament through a legislative consent motion. Both the Welsh and Scottish governments have indicated their refusal of consent following the publication of the Bill (see blog post 2).

Act 4

Enter – The UK Parliament

The Supreme Court’s decision in Miller has been described as simply putting ‘the Brexit ball firmly back in the [UK] parliament’s court.’ Only it, through the adoption of a statute – and not the UK Government – could allow Article 50 TEU to be triggered and both the House of Commons and the House of Lords agreed to give the Prime Minister the power to trigger Article 50 TEU. The UK’s notification of withdrawal was sent on 29 March 2017. The UK Parliament will have a significant role to play in relation to the EU (Withdrawal) Bill and will be required to adopt a raft of additional legislation (yet to be drafted) within an extremely short timescale.

Final Curtain?

All eyes are now back on the Houses of Parliament as the European Union (Withdrawal) Bill makes its way through the legislative process. The disappointing outcome of June’s general election which returned a ‘hung’ parliament has seemingly emboldened some (government and opposition) MPs to question the government’s stance on Brexit. At the same time, the Scottish government’s position has been seriously weakened by the loss of many of its MPs in the election.

The Bill itself may result in fundamental changes being made to the devolution settlement and given that devolution has embedded itself increasingly into the fabric of the UK constitution over its almost 20 year history, it seems unconscionable that it might be at breaking point – but on the basis of performances given thus far in the drama, it is, at least when viewed from North of the Border.

This blog post is a shortened version of a longer piece
which appeared as M. Fletcher and R. Zahn,
‘Brexit, the UK and Scotland: the story so far:
A constitutional drama in four acts’
in G. Hassan and R. Gunson,
Scotland, the UK and Brexit:
A Guide to the Future, Luath Publishing, Edinburgh, 2017

The post Brexit, Scotland, and the Kingdom: a constitutional drama in four acts appeared first on Ideas on Europe.

Categories: European Union

Innovating regional ecosystems and modernizing professional higher education

Tue, 22/08/2017 - 16:08

Giving a tutorial on practice based and problem solving research

Sandra Hasanefendic

Fostering regional and innovation ecosystems through strengthening professional higher education and related research activities has been an imperative in recent years in Europe and globally. I have been personally involved both as a researcher, and expert adviser in understanding how and through which mechanisms can this be achieved. In recent years, I have been following and supporting the development of a program for the Modernization and Valorization of Polytechnic Institutes in Portugal. The comprehensive policy program was launched in 2016 at the initiative of the Portuguese Government and acts in more than fifty cities all over Portugal and aims to: a) promote local innovation partnerships through collaborative initiatives and co-creation mechanisms between polytechnics, local communities and a wide variety of small and medium size companies; b) foster problem based and practice oriented learning and research approaches to help innovate in professional higher education; and c) to secure knowledge sharing on educational practices and professional development across Europe through international collaboration among regional-based partnerships.

 

The policy program is built on inclusive, open and fully participatory community principles. It is a symbol of participatory policymaking in Europe centered around dialogue, negotiation and decision making among and between academic leaders and teachers/researchers, students, experts from local communities and companies in a wide variety of sectors, as well as across different countries. Its consequences are already greatly felt in Portugal, but it is predicated that the program will have far reaching consequences for the state of polytechnic education and research in Europe. Namely, it will promote internationalization of professional higher education which has mostly been local, while at the same time stimulate innovative research activities based on regional partnerships. This is expected to additionally strengthen the role of professional higher education institutions as intermediaries in regional and innovation ecosystems which has been recently discussed by me and my colleague Hugo Horta in “Training students for new jobs: Intermediary role of technical and vocational higher education”.

 

In the first phase of the program, targeted visits of polytechnic representatives to Finland, Netherlands, Ireland and Switzerland were stimulated. It was expected that this experience would lead to learning and gaining experience about the emerging professional higher education and related practice-based research activities in Europe. The second phase involved knowledge dissemination workshops, organized throughout the country and at different institutions, through which acquired knowledge and developments in other visited countries were shared. These workshops stimulated dialogues about lessons learned, but they also aimed to explore the current state of professional higher education and related research activities in Europe through tutorials and potential opportunities for improvement and innovation based on experience, yet within the limits of the national socioeconomic context.

 

The third phase of the program consisted of introducing targeted initiatives exploring aforementioned opportunities and promoting change at Portuguese polytechnics. The initiatives concentrated around the promotion of funded collaborative research projects between polytechnics and local industry and community, setting up creative research labs to promote polytechnics’ integration with their region through problem based and practice oriented research activities, and the promotion of short cycle technological courses resting on innovative learning methodologies promoting problem based and practice oriented research. It has involved the use of European structural funds and national funds in a total of 46 million Euros for a period of 18 months.

 

The current phase concentrates on the promotion of internationalization activities and partnerships between European professional higher education institutions and associated research groups. Within this framework, the Portuguese Minister of Science, Technology, and Higher Education recently visited Dutch polytechnics in Rotterdam and Leeuwarden and agreed on strategic international partnerships promoting long term collaborative activities between polytechnic institutions in Europe.

 

These international partnerships are critical in sharing learning perspectives and developments in professions to train resilient and engaged students and professionals of the future. It is expected that the partnerships will benefit students by fostering dual and joint programs, exchange in research projects among others, and contribute in gaining a more rounded understanding of their profession. Professions are not local but globally developed and by exposing students and staff to the same profession, yet in different environments and contexts, and through problem based and practice oriented research activities, the idea is that they will be able to advance the state of the profession in their local and regional contexts within Portugal.

 

 

Sandra Hasanefendic is a double doctoral degree student from the Vrije University in Amsterdam, The Netherlands, and ISCTE – Instituto Universitário de Lisboa (ISCTE-IUL) in Portugal. She researches organizational behavior in higher education. Her focus lies on non-university higher education (or professional higher education) and responses to policy pressures regarding research and innovation in education and training. Sandra also teaches, consults and advises policymakers on issues relevant to advancement of professional higher education and research activities in Portugal and the Netherlands.

 

The post Innovating regional ecosystems and modernizing professional higher education appeared first on Ideas on Europe.

Categories: European Union

The post – Crimean world: Russia´s annexation and its consequences.

Tue, 22/08/2017 - 11:42

I would like to take a look at the factual and legal aspects of Russia´s aggression against Ukraine´s territorial integrity in early 2014. Indeed, to what extent has the international law been violated and what are the consequences?

 

In February 2014 Russian authorities used the internal political conflict in Ukraine to deprive the Ukrainian state of its control over Crimea by attacking the Crimean Parliament and blocking the peninsula’s infrastructure as well as power ministries´ units with “unidentifiable” “green men”, which later turned out to be Russian military and security forces. Further, a fake, internationally condemned, referendum with rigged results was held in order to give the affair a flair of justice, and to absorb Crimea with apparently legal means.

 

As far as the relations between Russia and Ukraine are concerned, they are contained in a number of bi- and multilateral agreements.  The 1994 Budapest memorandum was concluded providing Ukraine with security assurances for giving up Soviet nuclear weapons. USA, UK, Russia committed to “respect the Independence and Sovereignty and the existing borders of Ukraine” and reaffirmed their obligation to refrain from the threat or use of force against the territorial integrity or political independence of Ukraine, and that none of their weapons will ever be used against Ukraine except in self-defense or otherwise in accordance with the Charter of the UN.

 

The Constituent Act of the Community of Independent States of 1991 set out the principles of respect of the existing borders, with Russia relinquishing any challenge to them.  In 1997 the Treaty on Friendship, Cooperation and Partnership, and the Black Sea Fleet Status of Forces Agreement, prolonged until 2042 in 2010 by the so-called Kharkiv Accords, were concluded between Russia and Ukraine, reaffirming again the inviolability of the borders between both states.

 

Kremlin claims the legality of its actions under two concepts of international law: the protection of nationals abroad (Articles 2(4) and 51 UN Charta) and intervention upon invitation. Both, upon consideration, don’t find factual support for referring to. Rhetorical claims of Putin have no legal value and can not supplement existing case law and international practice.

 

General Assembly Resolution A/RES/68/262 of 27.3.2014, adopted with 100 votes,

58 abstentions, and 11 No-votes, has called upon states not to recognize any alteration to the status of Crimea and the city of Sevastopol.  Russia violated the following United Nations Charter provisions:

- Article 1.1: UN´s purpose is to maintain international peace and security.

- Article 2.3: All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

- The use of force is prohibited (Article 2.4), as is intervening in another state’s domestic affairs and territory (Article 2.7).

- Armed intervention is only justified when mandated by the UN Security Council under Chapter VII or in case of self-defence.

 

The EU´s reactions include diplomatic sanctions adopted by the EU (the unilateral suspension of visa facilitation talks, negotiations on the New Agreement, and the EU-Russia Summit); level 2 restrictive measures based on Article 29 TEU (CFSP Decision) + Article 215 TFEU (Regulation); and level 3 economic sanctions (e.g. arms, oil, gas and other trade embargoes).

 
The Organization for Economic Cooperation and Development (OECD) suspended the accession process of Russia and began strengthening ties with Ukraine. The OSCE Parliamentary Assembly has accused Russia of the breach of the basic principles laid down in 1975 Helsinki Final Act, 1990 Charter of Paris for a New Europe, and condemned Russian actions in Ukraine in 2014 “Baku Declaration” and in 2015 “Helsinki Declaration”.

 
The Parliamentary Assembly of the Council of Europe (PACE), declaring that Russia’s annexation of Crimea was “in clear contradiction with the Statute of the Council of Europe” and the commitments Russia made, when it joined the organisation in 1996, has decided to suspend the voting rights of the Russian delegation, as well as its right to be represented in the Assembly’s leading bodies, and its right to participate in election observation missions. In its resolution, adopted by 145 votes in favour, 21 against and 22 abstentions, the PACE Assembly stated that the military occupation of Ukrainian territory, threat of military force, recognition of the illegal referendum and annexation of Crimea “constitute, beyond any doubt, a grave violation of international law”.

 
Ukraine pursues many courses of action. Thus it has filed a claim at the European Court of Human Rights in Strasbourg, but the options beyond this are limited, lawyers agree. Russia does not recognise the jurisdiction of the International Court of Justice, while its position as a Permanent Member of the UN Security Council means little chance of formal UN sanctions given its possession of the veto. Ukraine intensified its cooperation with partner states, EU, NATO, Visegrad, etc. thus adopting a clear European course and building a significant coalition of states.

 
This case raises structural questions regarding the development of international law. If the conflict is not solved promptly, it may serve as a precedence and justification for further violation of legal practice, bringing uncertainty, potential chaos and unenforceability into any international agreement.

 
Calls for reforms in the UN Security Council composition, procedures and competences intensify since 2014, and if not attended to, may lead to further de-legitimisation of the UNO.

 
Besides, we witness qualitative and quantitative proliferation and legalization of the “hybrid war” methods, by military masking the uniforms or mercenaries, but also through manipulation, propaganda and fakes, with growing significance of populistic rhetoric for legitimizing the breach of legal norms, irrespective of factual background and international law.

 
Russia´s actions have a transformatory influence on international politics and institutions, since giving up or non-proliferation of the nuclear weapons in return for guarantees has lost its credibility.

 
Given the usual lack of legal remedies in international relations, the value of international commitments fell sharply. This fall is exacerbated by unwillingness of the guarantor states, EU, NATO, UNO, OSCE and other entities to address the conflict in a serious manner in order to provide for effective remedies for law and treaty enforcement, de-occupation and de-escalation of aggression.

 

By annexing Crimea Russia raised fundamental questions about the principles of world order. For Russia itself the annexation is a watershed event, which dramatically intensifies the internal political and economic burdens, that Russia’s authoritarian regime is faced with. In the long run, many scholars predict disintegration of the Russian Federation territory into more cohesive legal entities in accordance with economic, socio-cultural, ethnic and historical legacies, all according to the “principles” Russia itself set in motion in 2014.

 

A. Svetlov

The post The post – Crimean world: Russia´s annexation and its consequences. appeared first on Ideas on Europe.

Categories: European Union

Harmful Cyber Operations in the EU: Implementing the NIS Directive into the UK Legal System

Thu, 17/08/2017 - 09:30
Publication resulting from the UACES 2017 PhD and ECR Conference

The prevalence of cybersecurity threats against state infrastructure demonstrates the need for an effective European and national response, writes Eva Saeva. Focusing on the UK, she argues that, while legal measures are important, the fast-changing nature of the situation means that other avenues, such as public-private cooperation, are also essential.

System Lock, Yuri Samoilov, CC-BY-2.0

The first major cyberattack on a nation state occurred ten years ago, in Estonia in 2007. The attack uncovered a grey area in the field of international law, and policy-makers and security experts were caught off guard.

In the years to follow, malicious activity exploiting the virtual space’s endless possibilities and vulnerabilities rapidly evolved and attacks on critical infrastructure increased significantly (e.g. in Georgia in 2008, the Stuxnet worm in Iran in 2010), creating a whole new domain of war – the online borderless world of cyberspace. But international law followed suit and scholars, decision-makers and even the UN agreed that existing international law applies to cyberspace and any comparison with the ‘Wild West’ was deemed as groundless.

Regardless, many questions remained unanswered. For instance, what actually constitutes a harmful cyber operation and who can perform such a powerful attack? The term ‘harmful cyber operation’ means any malicious activity that targets critical infrastructure sectors (e.g. electric grids, nuclear power plants, air traffic control, hospitals, etc.) of another state that can cause major damage, death or destruction in the physical world.

This can be conducted by a group sponsored by a state, or a non-state actor, acting independently. While these attacks might not always cross the threshold of use of force (prohibited by Article 2(4) of the UN Charter), they can still cause major consequences for the victim state and violate its sovereignty or the principle of non-intervention.

The European Union has not been immune from these developments. In the EU, cyberattacks (both harmful and non-harmful) against government institutions and critical infrastructure have significantly increased in recent years (e.g. in Italy in 2014, in Germany in 2016, and most recently, in a number of EU countries with the WannaCry ransomware).

Legislation on the malicious use of the virtual space at national level is different in all Member States. However, due to the interconnected information and network systems, an attack against one Member State will likely have a spill-over effect that could lead to breaching the security of the whole EU. Therefore, the need for a supranational legislation on cyberspace is clear.

As a result, after years of negotiations on promoting closer cooperation on issues such as data protection laws and the internal security of the Union, the Network and Information Security (NIS) Directive, the first comprehensive EU cybersecurity legislative instrument, entered into force in August 2016. It aims at harmonising and stabilising the level of cybersecurity across the Union through public-private cooperation.

The urgent need for such cooperation reflects the awareness that critical infrastructure sectors are mainly managed by private businesses (or ‘operators of essential services’, as per the NIS Directive) with their own rules and regulations. If states want to achieve a certain level of cybersecurity, public and private actors need to start cooperating more.

Case study: The UK

The UK represents an interesting case for analysis, mainly because of its approach to cyber issues: cyber has been considered a Tier One threat to national security since 2010. In light of Brexit, many will wonder whether or not the implementation of the NIS Directive into national law will happen. The answer is yes. The transposition has to be completed by May 2018, which means that the UK will have to do it regardless of Brexit.

Whether a new law will be introduced or present legislation will be adapted is still unclear. And while in many states the NIS Directive will fill in a void, this is not entirely the case with the UK. Although there is currently no Cybersecurity Act, the UK is one of the states with some cyber-related legislation regulating the security and intelligence agencies’ work, specifically the Government Communications Headquarters (GCHQ), which deals with cyber issues.

The law currently in force is the Investigatory Powers Act (IPA) 2016, which legalised bulk equipment interference powers, previously known as computer network exploitation and today known as hacking. In other words, the IPA legalised what has already been stated in the National Cyber Security Strategy 2016 – that the UK is developing offensive cyber capabilities.

The recent WannaCry global ransomware attack and its impact on the UK’s National Health Service (NHS) provides a clear rationale for the timely adoption of the NIS Directive. The issue with hacking medical records is far from new. It was already the subject of discussion in the UK back in 1991 when the ‘unpleasant aspects of these new systems of technology’ were acknowledged in relation to hacking into hospital computers.

Yet 26 years later, the WannaCry attack caused major disturbances and a halt to the work of the NHS. The virus hit devices using Windows XP – an outdated and unsupported version of Microsoft software, highly vulnerable to attacks, a fact the NHS was aware of. However, even though the NHS is a critical infrastructure sector, there is currently no law in the UK that enforces security measures for network and information systems, which, if present, would have technically prevented the attack.

This gap was also acknowledged in written evidence provided by Google, Yahoo, Microsoft, Apple, Twitter and Facebook on the Investigatory Powers Bill, which argued that the draft bill failed to provide statutory provisions on ‘the importance of network integrity and cyber security’. In cases like this, the great importance of the NIS Directive becomes obvious.

Even though the NIS Directive is an excellent initial step towards better coordination and safer cyberspace across the Union, it will be years before its effectiveness can be demonstrated. The problem is that the process of adopting law is time-consuming and cannot keep pace with technology. Laws cannot be amended immediately after a new network, device or software update has occurred. There are always going to be zero-day vulnerabilities to be exploited by security agencies and/or criminals. What the NIS Directive can do, however, is minimise the risk of further Wannacry incidents.

Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.

Comments and Site Policy

Shortlink for this article: bit.ly/2whkVqg

Eva Saeva
Newcastle University

Eva Saeva is PhD Candidate in Law at Newcastle University. Her research concentrates on the EU’s legal approach to cybersecurity.
.
.

The post Harmful Cyber Operations in the EU: Implementing the NIS Directive into the UK Legal System appeared first on Ideas on Europe.

Categories: European Union

Why Brexit’s Impact on EU Foreign Policy Might Remain Limited

Thu, 17/08/2017 - 09:00
Publication resulting from the UACES 2017 PhD and ECR Conference

While last year’s Brexit vote marked a watershed moment for the European Union, its impact on EU foreign policy might remain limited, writes Ragnar Weilandt. He argues that the UK’s dual role as a provider of capabilities and occasional driver of policy on the one hand, and as an obstacle to constructing common institutions and positions on the other, means that these contradictory influences are likely to cancel each other out.

© 2017 European Union

Brexit means that the European Union loses one of only two Member States with strategic ambition, a capable military, a nuclear deterrent and a permanent seat on the United Nations Security Council. It also loses a driver of key foreign policies such as enlargement, trade liberalisation and the global fight against climate change. At the same time, Brexit rids the EU of a member which regularly obstructed attempts to create or strengthen common institutions and to speak with one voice on the global stage.

Despite Britain having played both these fundamental and contradictory roles, it seems unlikely that Brexit will have a major impact on the EU’s presence in international affairs. British contributions might seem important for the EU’s Common Security and Defence Policy (CSDP). However, both France and the UK, which kick-started EU defence with their Saint-Malo Declaration in 1998, lost interest in the CSDP long before Brexit.

Most ongoing missions are rather unambitious and limited in scope, and British contributions in terms of personnel and equipment have been marginal in recent years. Rather than using the Permanent Structured Cooperation mechanism established by the Lisbon Treaty, the 2011 Franco-British Lancaster House Treaties established substantial bilateral military cooperation without any formal links to the EU.

Brexit might not affect the EU’s foreign policy preferences either. Enlargement, arguably the EU’s strongest source of influence beyond its own borders, is on hold for the foreseeable future. With Britain having moved from an enthusiastic supporter to enlargement sceptic in recent years, its views have largely converged with those of the remaining Member States. A victory for Remain in last year’s referendum would not have made much of a difference.

Meanwhile trade liberalisation and climate action have become second nature to the Union. Therefore, the loss of British influence is unlikely to have a major impact in these sectors either. Whether ambitious free trade agreements such as the Transatlantic Trade and Investment Partnership (TTIP) are eventually concluded would have depended more on public discontent in continental Europe than on the British government’s stance anyway.

While Brexit will probably not affect the EU’s modest role on the global stage, it is also unlikely to enable a rapid progression towards a more integrated and substantial common EU foreign policy.

It is true that the UK has often spearheaded efforts to undermine the creation of a more ambitious EU foreign policy. Having failed to prevent the creation of the European External Action Service (EEAS) in its current form, the UK engaged in political guerrilla warfare against what it saw as ‘competence creep’. On various occasions, British ambassadors blocked EEAS officials from speaking at international organisations and from issuing joint statements on behalf of the EU. The UK government even challenged the Commission’s exclusive authority over trade negotiations, in spite of this being completely in line with its own approach to international trade.

However, while Brexit removes a key obstacle to further and more substantial common external action, the view that foreign policy should remain the prerogative of the Member States is by no means limited to London. Along with the currently rather Eurosceptic climate in continental Europe, this makes major leaps towards a more integrated EU foreign policy appear rather unlikely in the short term.

Recent initiatives such as the establishment of a Military Planning and Conduct Capability (MPCC) facility or the €5.5 billion European Defence Fund have raised hopes among federalists. The timing of their announcement was indeed quite symbolic. But these initiatives had been in the pipeline for quite a while and are limited in scope and ambition. Rather than a first step towards an integrated EU army, they represent a continuation of the pragmatic but modest efforts that have been made in recent years.

Although no major short-term changes should be expected with regards to institutions and policy preferences, the British decision to leave the Union is likely to affect the EU’s standing on the global stage. The Union’s international credibility has already suffered due to its inadequate reaction to the Eurozone sovereign debt crisis and the refugee situation in the Mediterranean. Brexit is likely to further undermine its reputation in the international arena. This is not only due to the Union losing a key member state with major strategic, economic and diplomatic capacities. It also relates to the fact that the EU is loses a member at all.

The reality that the EU has ceased to be sufficiently attractive even for one of its own members undermines its ability to promote its model as well as its norms and values towards third states. Hence, Brexit further reduces the EU’s soft power, which is arguably one of its greatest sources of international influence.

Whether this trend can be reversed depends on how the EU deals with the challenges that lie ahead. Recent political developments warrant cautious optimism. While Britain is plunging into chaos, the EU looks stronger and more stable than it has in quite a while. The Union’s economic situation is improving, its Member States have shown unprecedented unity on the Brexit talks and there is increasing support for structural reforms. And most crucially, European citizens’ support for further European integration is finally on the rise once again.

Please note that this article represents the views of the author(s) and not those of the UACES Student Forum or UACES.

Comments and Site Policy

Shortlink for this article: bit.ly/2fLY13Z

Ragnar Weilandt @ragnarweilandt
Université libre de Bruxelles and University of Warwick

Ragnar Weilandt is PhD Candidate in Politics at the University of Warwick and the Université libre de Bruxelles. His research focuses on EU foreign policy and Euro-Mediterranean relations.
.

The post Why Brexit’s Impact on EU Foreign Policy Might Remain Limited appeared first on Ideas on Europe.

Categories: European Union

The weak/strong paradox of Brexit

Thu, 10/08/2017 - 10:12

I’m wrapping up for a summer break, just as more Brexit stuff is about to be released: tant pis.

While we wait for that – and it might not come to much - I’d like to revisit a theme that has long floated about the Brexit debate, namely the weak/strong paradox.

Simply put, many of those who argue(d) for Brexit said that the UK was weak within the EU. It is pushed around, made to do things that it didn’t want or like, and generally got the sharp end of the stick. But if the UK left, then it would be strong, able to play a major role in the world and pursue its interests with much more ease, including with the EU, who would have to take what the UK offered.

Hopefully the paradox is evident, especially when one asks why it should be that as an insider the UK should have less power and agency than as an outsider.

As much as an answer exists, it points to the UK becoming stronger by no longer having to be involved in the large amount of EU activity that it never cared for – a ‘getting back to basics’-type argument – and to the presence in the British polity who have betrayed the national interest by working to support the EU – the ‘fifth column’ line. You can see where both come from, even if neither stands up to very close inspection.

I’ve been reminded of all this by some of the news stories and discussions this week (like this and this), that come back to a core frame of “it’s the EU’s fault”.

“It” here means pretty anything you like.

Over the past couple of years, we’ve seen the EU blamed for not giving enough to Cameron in his renegotiation, giving too much, giving the wrong sort of thing, getting involved in the referendum, not getting involved enough, pushing too hard for Article 50 notification, not negotiating outside Article 50, pushing its agenda too much in Article 50, pushing the UK around too much in Article 50, trying to backslide on Brexit, trying to push for punishment of the UK: at that’s off the top of my head. You’ll have other examples.

Think of this as the manifestation of the weak side of the paradox: if it weren’t for those pesky Europeans, we’d be fine.

Oddly, the strong side has become more muted of late. Yes there is still talk of how the UK is – comparatively – a strong and stable partner, but the language is very much on the lines of “we can work something out”, “it just needs some common sense” and “it’s in our mutual interest”, i.e. more phatic than substantive.

The big gaping hole remains the lack of a clear plan from the UK for the process: I’ll not rehearse that again, except to say that the biggest surprise is that this should still be an issue, so late in the day.

You might think of this as an extension of the referendum campaign: both sides fought hard to win the vote, but neither engaged in a debate about what their outcome was good for.

Of course, the EU makes a very convenient scapegoat: it does lots of things, it is easily portrayed as ‘other’ and it isn’t good at defending itself. It’s not just the UK who does this, which is why euroscepticism is a continent-wide phenomenon.

But here, in the context of Brexit, the most striking thing is how the EU continues to be treated as the source of all woes. I have no doubt at all that whatever results from Article 50, the EU will be blamed for making/letting it happen. Indeed, there will be even greater incentives to do so: I mean, what can the EU do? Kick us out?

The point to be kept in mind is that this is a reflection on the UK’s agency.

As a first cut, it highlights the thinness of the British position now: if there was a plan, then the plan would be the focus of discussion, instead of how the EU is being difficult. In the absence of a constructive agenda, one falls back on to sniping.

As a second cut, it remains us that the international system is not one where states have anything like complete agency: whatever its relationship with the EU, the UK is going to be buffeted about by the world and its events. It may not be anarchic but it is tough (doubtless there’s a bunch of IR theorists who can argue this at much greater than I can).

When we talk about the UK needing a plan for Brexit, it has to be a plan that is not just about the EU and Article 50, but also about the wider future. Grumbling about the water in the meeting room isn’t going to be enough.

The post The weak/strong paradox of Brexit appeared first on Ideas on Europe.

Categories: European Union

A Brexit summer reading guide

Tue, 08/08/2017 - 11:59

Have you been struggling to keep up with all the new books on Brexit? Were you secretly planning to spend your summer holiday catching up on some of them? OK – perhaps not. But if you were, then here to help is a guide on what to take away with you to the beach or pool to focus on an issue that will keep us busy for several more summers to come.

Summer brings with it a host of reading lists on what to take away with you to while away the hours by the poolside or on the beach. The thought of a guide on what books to take away to read on Brexit might fill most people with horror. Even though Brexit negotiations are now underway, ‘banging on about Europe’, as David Cameron once put it, remains a sure way of boring most people. Giving the appearance you’re prepared to bang on about it while on holiday might seem just downright bizarre.

But that doesn’t apply to everyone. The number of people bored by others banging on about Europe is bound to decline as Brexit hits home. And it certainly doesn’t apply to those struggling to study and understand Brexit, aka ‘Brexicologists’. The past year has witnessed a flood of books explaining what happened in June 2016 and trying to understand what might happen next. Then there’s the mountain of reports and articles from governments, parliaments, think tanks, universities, businesses and so forth. We’ll leave them for another day.

It’s easy to lose track and even though it might not be the ideal way (or one many are prepared to admit) to use a summer holiday, time away does offer a chance to reflect on the biggest political development Britain has faced in decades. Below I list some of the best books published since the referendum. A regularly updated list can be found on my website.

The campaigns

Not long seemed to pass between the final votes being counted and the appearance of the first books telling of what happened inside the campaigns. Tim Shipman’s All Out War: The full story of how Brexit sank Britain’s political class remains a provocative and well-written account of both the Remain and Leave campaigns. Cameron’s communications director, Craig Oliver, was equally quick out of the blocks with Unleashing Demons: The inside story of Brexit. It remains one of the best insider accounts. Owen Bennett’s The Brexit Club takes us into the victorious but often deeply fractious Leave campaigns. Another quickly published account is Harry Mount’s Summer Madness: How Brexit split the Tories, destroyed Labour and divided the country. Love him or loathe him, UKIP funder and businessman Aaron Banks’s updated The Bad Boys of Brexit is guaranteed to evoke strong feelings.

Explaining the vote

The rush to have the first word and so define history means anecdotes can win out over careful analysis. Jason Farrell and Paul Goldsmith offered a more considered approach in How to Lose A Referendum: The Definitive Story of Why the UK Voted for Brexit. In explaining their eighteen key reasons for Leave’s victory, they delve into both the history of UK-EU relations and more recent developments in the campaign.

Former Labour minister Denis MacShane was quick to turn his pre-referendum book ‘Brexit: How Britain will leave the EU’ into Brexit: How Britain Left Europe. Last time I heard he was working on the next book Brexit: How Britain will stay in the EU, which will focus on the limits of Brexit and be ideal reading for your 2018 summer holiday.

Tory donor and polling supremo Lord Ashcroft teamed up with Kevin Culwick to quickly publish Well, You Did Ask… Why the UK voted to leave the EU. Published soon after the vote, it collated some of the earliest polling that helped explain why the British people voted as they did.

The most detailed analysis of the vote so far published is Harold Clarke, Matt Goodwin and Paul Whiteley’s Brexit: Why Britain voted to leave the European Union. As the most comprehensive analysis so far of the vote it is required reading for anyone interested in the referendum. You can read my review of the book for the LSE’s Brexit blog here.

If numbers are not your thing then Andrew Glencross’s Why the UK voted for Brexit provides a short academic analysis of the referendum divided into four sections covering the history of Euroscepticism, the renegotiation, the campaign, and the future handling of Brexit. It focuses on the nature of direct democracy in the UK and the nature of Euroscepticism.

What now?

Brexit is not an event or a single process, but a series of potentially open-ended processes touching on everything from tariffs and health to matters of war and peace. Understanding where this unprecedented development takes the UK or the EU is the biggest challenge Brexit poses. Almost every book listed in this review offers some ideas on where we go next. Some do so more than others.

Published not longer after the vote, journalist Ian Dunt’s Brexit: What the hell happens now? gives an easily digested – but Remain leaning – account of what may unfold.

A more detailed and academic analysis looking at the implications of Brexit across a wide range of institutions and policy areas can be found in Janice Morphet’s Beyond Brexit: How to assess the UK’s future.

Cambridge professor of law, Kenneth Armstrong’s Brexit Time: Leaving the EU – why, how and when? is divided into four sections examining the world before the vote, the vote itself, preparing for Brexit, and Brexit itself. It’s accompanied by a very helpful online edition.

Former foreign secretary, SDP leader and supporter of Leave, David Owen, teamed up with David Ludlow to write British Foreign Policy After Brexit, which offers thoughts on where Brexit leaves Britain in the world.

UCP’s ‘Haus Curiosities’ series of short pamphlets offers two on Brexit. C4 News political editor, Gary Gibbon’s Breaking Point: The UK referendum on the EU and its aftermath, looks not only into what drove Brexit but provides some analysis of what it could mean for the UK and the remaining EU. Stephen Green’s Brexit and the British delves into the divisions in British society to find answers to why Britain voted as it did.

Academic overviews

The breadth of Brexit as a topic means we can expect many edited books on the topic. Both of those so far produced are ideal for postgraduate readers or those with an existing knowledge of the topic of UK-EU relations.

David Bailey and Leslie Budd’s The Political Economy of Brexit looks not only at the political economy of Brexit, but also at such issues as the unity of the UK and the future of the EU. Contributors include Edgar Morgenroth, Jan Toporowski, Lisa De Propris, Sukhwinder Salh, Margarita Nyfoudi, Alex De Ruyter, Dimitris P. Sotiropoulos, John Milios, Jim Gallagher, John Bachtler, and yours truly.

Similarly, William Outhwaite’s Brexit: Sociological Responses builds around a sociological approach a broad-ranging coverage of the topic. Contributors include Martin Westlake, Jonathan Hearn, John Holmwood, Stefan Auer, Craig Calhoun, Chris Thornhill, Gurminder K. Bhambra, Colin Crouch, Gerard Delanty, Antje Wiener, Simon Susen, Harry F. Dahms, Adrian Favell, and yours truly.

Polemics

Guilty Men: Brexit Edition by ‘Cato the Younger’ is the most provocative of all the books listed here. It is based on the 1940 classic of the same title that condemned the men guilty of the policy of appeasing Hitler. This Brexit edition is aimed squarely at those in Britain and Europe who Cato argues led Britain into making its biggest mistake since the days of Chamberlain and Lord Halifax. Unapologetic in its tone, the fifteen men and women listed are found guilty of deceit, distortion, personal gain, failures of leadership, and gloating, hubris and frivolity.

Longstanding Eurosceptic Dan Hannan’s What Next: How to get the best from Brexit offers a Leavers analysis of where Britain and UK-EU relations can go next with a focus on the nature of UK democracy.

Christmas stocking fillers

With your productive holiday of Brexit reading behind you, you’ll no doubt be keen to keep abreast of the many Brexit books due out later this year. Worry not if you once again find yourself falling behind with reading them. If you’re good then maybe on Christmas morning you’ll find Santa has stuffed one of the following into your stocking. What better way to spend Boxing Day than reading about Brexit?

The autumn will see the publication of Anand Menon and Geoffrey Evans’ Brexit and British Politics. Anand – the Professor of Brexit studies – will be familiar to many as the head of the ESRC’s UK in a Changing Europe programme. Their book looks set to explain the outcome of the vote by looking at longer-term trends in British politics.

The autumn will also see Brexit: What Everyone Needs to Know by David Allen Green. Part of OUP’s ‘What everyone needs to know’ series, what you need to know about Brexit will be set out in the answers to 41 questions.

I’ll be adding my own contribution with Europe’s Brexit. Thanks to the work of a team of thirty people across Europe, this edited book will look at how the rest of the EU – all twenty seven other member states and the EU’s institutions – responded to the UK’s renegotiation, referendum campaign, the result of the vote, and reacted up to the triggering of Article 50.

By 2018 we should all have a much better idea of where Brexit is taking us. The year already promises some textbooks to accompany the debate, with a Handbook of Brexit planned by Patrick Diamond, Peter Nedergaard and Ben Rosamond. If I spend the summer reading and writing on Brexit then my own Brexit: A Concise Introduction should also be available thanks to Policy/Bristol University Press. If you can’t wait that long then catch the Brexit: A Crash Course of lectures at NYU on which the book will be based.

This post first appeared on the LSE’s Brexit Vote blog.

The post A Brexit summer reading guide appeared first on Ideas on Europe.

Categories: European Union

International relations reconsidered: Accession of the EU to Ukraine – a 2030 scenario?

Sat, 05/08/2017 - 12:38

This fictional story, which can potentially materialize, is to be pondered about, given the current oncoming of apparently uncertain times in the global politics.

This is a scenario of how, for the sake of progress and stability, the EU should avoid the political and territorial division of the European continent and ongoing divisions into the 1st and 2nd class countries.

For long the Europe’s political boundaries did not coincide with its geographic ones, but the decision of the EU Council, eagerly endorsed by the Parliament in Luxembourg, to join Ukraine, finally gave hope to the citizens of the EU. Since then they could look into the future with certainty. For the EU this important and logical step meant the beginning of its own successful transformation into a modern polity.

For the EU, Ukraine in this respect is not only the land of the rising sun. It is the home of Humanism and Progress, the island of Normality in the sea of chaos and crisis. Ukraine serves as a centre of continental gravity, which exercises both passive influence (because it is so attractive) and active policies of cooperation with the neighbouring European Union. Humanitarian assistance is being constantly shipped to the EU´s capitals in order to relieve the needs of destitute and homeless population of the European continent.

By 2030 the EU came to bureaucratic perfectionism, but at the cost of common sense and human individuality. Led by unaccountable politicians, the EU turned into a bureaucratic monster, unable to make concerted decisions, thus further undermining its democratic legitimacy and neglecting civil rights of its subjects. The inability to deal with complex issues and various challenges, impaired EU´s functionality and threatened its very existence. Brittle peace which at rare times still could break out within the EU was always of undurable nature, with increasingly more countries leaving this sinking ship.

As a response to the ongoing crisis the EU was about to turn into authoritarian and repressive state, squeezing the last taxes from its impoverished citizens. Total control of all social life and public sphere in the EU, together with regular, illegal and inhumane screening of all EU´s citizens, further undermined public trust in the European Union. What followed, was the mass migration of Europe´s citizens to Ukraine, for whom this country meant going back to the normality. They fled from the EU´s over-regulation and pervasive dominance of ultimate rationality.

In this context the European Union´s decision to join Ukraine, which is seen as the true, original Europe, unspoilt by genetically modified products, Bureaucratization of all spontaneous activities and Standardization of everyday life, came just right. Ukraine remained the only state in the world, still free from thought control. It built upon its democratic traditions to become the richest and most developed state on the European continent.

It is not only the geographical center of Europe, which lies in Ukraine. The decision came as a recognition of the key role, played by Ukraine in the fields of global security, food and energy supply as well as cutting edge technologies, such as green energy, aircraft and space ships. The Ukrainian space ships fly American, European and even Brazilian satellites into space for over half a century now.

The Ukrainians, as opposed to the EU´s citizens, managed to nourish their love for freedom, stemming from the Cossack state of the 17th century. This country made the principles of liberty, equality and fraternity the everyday reality already back then. The Cossacks had direct democracy, which is the most democratic of democracies.

Besides, Ukraine is the country, which gave birth not only to Belarus but also to Moskovia, which in the 18th century self-proclaimed itself as Russia.  The first constitution in Europe, written in 1710, was also the Ukrainian one. It established a democratic standard for the separation of powers between the legislative, executive, and judiciary, and that well before the publication of Montesquieu’s Spirit of the Laws. The Constitution was unique for its historic period, as it limited the executive authority, protected individual rights and established a unique Cossack parliament.

Europe acknowledged Ukraine´s outstanding contribution to the European civilization and world peace. This country lost over 10 million dead (a quarter of its population) during the WWII. Nevertheless Ukraine could quickly rise from the ashes of the war and already in 1951 the first computer in Europe came from Kyiv. And although this computer´s initial average speed was just 50 operations per second, this invention paved the road for further evolution of technology.

In the light of all these facts, already well known in Western Europe, there is still some way to go in order to materialize the future of the common European house.

The post International relations reconsidered: Accession of the EU to Ukraine – a 2030 scenario? appeared first on Ideas on Europe.

Categories: European Union

How do higher education institutions use internal quality assurance for quality improvement?

Fri, 04/08/2017 - 08:44

Michaela Martin and Christine Emeran

A result of the rapid expansion and diversification of the higher education sector is that academic quality has come under greater scrutiny. The development of internal quality assurance (IQA) systems by higher education institutions (HEIs), as a means of monitoring and managing quality, constitutes one of the most important reform initiatives to address this concern.

 

Higher education institutions (HEIs) confront a number of challenges in IQA design, such as choosing an appropriate focus, integrating IQA tools into a cost-effective and coherent system, considering graduate employability, and finding an appropriate balance between centralized and decentralized structures. For these reasons, a demand exists for reliable empirical knowledge about how to make IQA effective while sustainable for the enhancement of quality and relevant for higher education in different national and institutional contexts.

 

UNESCO International Institute for Educational Planning (IIEP) research on internal quality assurance

To provide more knowledge on factors that condition IQA, IIEP, in coordination with the International Association of Universities (IAU), conducted an international survey to understand the purpose, orientation, structures, tools and processes, drivers, and obstacles of IQA practices in HEIs worldwide. In addition, IIEP conducted case studies on eight universities to document good principles and innovative IQA practices, analyze their effects, and identify factors (both internal and external) that contribute to an effective IQA system. The universities studied under the project are: American International University (Bangladesh), University of Duisburg-Essen (Germany), University of Talca (Chile), Daystar University (Kenya), University of the Free State (South Africa), Xiamen University (China), University of Bahrain (Bahrain), and Vienna University of Economics and Business (Austria).

 

This research followed a multi-stakeholder approach in the primary data collection to compare different actor groups’ perspectives on IQA, such as academic and administrative staff, students, and academic and administrative leaders. In each of the case universities interviews were held with university leadership at different levels, focus groups discussions with programme directors and students and survey conducted with academic and administrative staff. The overall purpose of the research was to highlight approaches to IQA and study their effectiveness with a view to providing good principles to inspire other HEIs to better design and implement an IQA system.

 

Benefits of Internal Quality Assurance

The research project revealed that, in the institutions examined, IQA has initiated a large set of reforms, particularly, in the domain of teaching and learning that has generally improved the coherence of study programmes and its alignment with labour market needs. In addition, as an IQA effect, management processes were streamlined and better integrated with data analysis and evaluation.

 

The research data also found a number of common factors for success, although they largely depend on the context of each individual institution and modes of implementation. Overall, the participating universities agreed that leadership support, stakeholder involvement, IQA integrated with strategic planning and an effective management information system were of tremendous importance. Leadership support was identified by both academic and administrative staff as a necessary and commonly present factor in the case universities in facilitating the integration of centralized and decentralized management of IQA. Linking IQA with decision-making can close the loop at three levels: individual level; academic programmes, and strategic planning of the whole university. Indeed, strategic planning provides a framework of orientations and goals, including on quality, at all levels towards which IQA works most effectively if all levels are engaged.

 

Lastly, the effectiveness of the IQA system also relied heavily on the level to which students and staff were aware of and involved in its processes and tools. For instance, programme reviews and job market analysis were found effective if they incorporated employer recommendations to revise academic programmes in line with employment needs. In terms of limits, students and staff felt that they did not receive enough feedback from certain IQA tools, such as course evaluations or student satisfaction surveys, the study found. In addition, the data from certain tools was not always used for maximum benefit by all stakeholders. For instance, the results of graduate tracer studies were predominantly used by management rather than academics who are in charge of the revision of study programmes.

 

Overall, the study concluded that IQA is most effective if it leads to a regular internal dialogue on quality. A dialogue that fosters a quality culture that is also the ultimate purpose of IQA and will contribute to improved academic quality and graduate employability.

 

Visit here for more information on this study.

 

Michaela Martin and Christine Emeran work on higher education issues at the UNESCO International Institute for Education Planning (IIEP-UNESCO).

 

The post How do higher education institutions use internal quality assurance for quality improvement? appeared first on Ideas on Europe.

Categories: European Union

A tentative model of the EU27′s approach to Brexit

Thu, 03/08/2017 - 10:47

As everyone (semi-)winds down for the August break, and the pace of events slows, it is a useful point to consider Article 50 and Brexit once more.

While I have usually looked at this from the British end, this time I’d like to look at it from the EU’s perspective, not only because I’m now in a large research project with Hussein Kassim doing just this, but also because the structure and process of Article 50 is very much driven by the EU.

Moreover, I have a number of thoughts that I’m trying to marshal together and this is as good a time as any.

With all that in mind, I want to suggest that the EU’s position is conditioned primarily by salience, and only secondarily by substance.

Salience as a key driver

The opening observation is that the EU faces a wealth of issues and difficulties at any given time, by virtue of its size and nature. Because it reaches into a very large number of policy areas and because it covers many states (both as members and as external partners), there is always copious scope for something to go wrong.

Moreover, at present, the EU faces a particularly large number of grave problems, above and beyond the normal noise. Most obviously, the long-running eurozone crisis remains highly problematic, despite nearly a decade of efforts to address it, with a model of economic governance that still lags far behind monetary centralisation. The migrant/refugee crisis might not be quite as hot as in 2015, but it is still highly political and increasingly pervasive in its effects. And Russian challenges to security are as poor as they have been at any point in the post-Cold War era.

And that’s just to pick on the three most obvious candidates, alongside Brexit.

But Brexit differs in one crucial aspect. It looks manageable, in a way that the others do not.

By this, I mean that it is a ‘going-away’ problem, a bit of difficulty that is contained to one country that wants to get away. Sure, it’s still tricky to work out the details, but the basic intent of the UK appears to be to get further away, not closer. By contrast, the other issues are ‘coming-closer’ ones, pervasive and structural, with higher cost implications for the EU. Put differently, if nothing’s now, the UK will stop being the EU’s direct problem, while the others will just get worse.

To be clear, this is an attitudinal view, rather than an objective one, as we’ll discuss below. But the point remains that in the grand scheme of (EU) things, Brexit is low down the list.

You can find markers of this all over the place.

The European Parliament Think Tank’s review of 2016 European Council conclusions showed that only 5% of space was devoted to Brexit, as against 50% on migration, 20% on economic governance and 20% on foreign policy. Also consider how most EU27 discussions of Brexit have also been bound up in (and increasingly are subservient to) wider discussions about the future of the Union. It also accounts for the common view across the continent that the British have been crazy to decide to visit Brexit on themselves when there are many more important things to be dealing with. More prosaically, Jean Claude Juncker spends maybe some more time than half-an-hour per week (as claimed by his chief of staff), but evidently not much more.

In short, for most member states and most institutions, there are more pressing issues to deal with than Brexit.

The upshot of this is two-fold:

Firstly, it means that EU preferences are formed primarily by those who do find the matter salient. And secondly, it means that the EU’s position might not be as stable as it currently looks.

When actors care

Taking each of those points in turn, we can observe that there have been parts of the EU that have seen Brexit as a key priority for action.

Exhibit one includes the Commission and the President of the European Council. As guardian and figureheads of the Treaties they have been the logical point of contact in the initial phases of the process, firstly as Donald Tusk managed the renegotiation, and then as the Commission slotted into its conventional role as negotiating partner in Article 50. From the day after the referendum, both have worked together to pull together a management plan and then a negotiating mandate. This latter is clearly informed by the central idea that the EU’s legal order needs to be preserved, not least because to have otherwise would compromise their own positions within the Union: if a departing state can change the treaty architecture, then what might a extant member state require or demand?

These bodies are thus pursuing both their official role and engaging in an (indirect) defence of their position: recall that in June 2016, it wasn’t clear what would happen with populists in the Netherlands, France, Hungary, Poland or elsewhere. Brexit was (and is) an opportunity to demonstrate the value of membership to all and sundry.

Exhibit two is Ireland. Of all of the EU27, this is the member state that most obviously has a stake in how Brexit unfolds. It is no accident that the border question is included in the opening round, since Irish politicians and diplomats worked very hard indeed to get it positioned there, working on the basis that the UK didn’t seem to be too bothered about it all. Quite aside from the apparent intractability of the matter, the willingness of the country to make such a strong push reflects on this idea of salience: economic modelling suggests Ireland will suffer much more than any other member state as the UK transitions.

Exhibit three are the ‘odds and sods’ group, which currently includes Spain and Croatia. The former saw an opportunity to include references to the status of Gibraltar in the mandate, while the latter has become the only vocal critic of that mandate, focusing on free movement restrictions that arise from the on-going transition arrangements the country has had since joining in 2013. While neither of these have been big issues, they highlight how particular issues can become important as negotiations progress.

What matters

Of course, to argue that most member states don’t care is misleading. And the argument here is that low salience combines with a Commission-led mandate that addresses most concerns, leading the rest to leave this to one side until a more critical juncture. That juncture will be at the end of the process, when decisions are actually made. As such, we might expect that the relative harmony of the EU over Article 50 is conditional, not structural.  To pick just a couple of  examples, the European Parliament might decide it needs more on citizens’ rights before it accepts a deal, while accommodations in any transition deal might cause problems around the financial settlement, to the displeasure of net budget contributors.

It is also important to underline that Article 50 is not the whole game of Brexit. Equally as important is the way in which the UK’s departure will change the balance of the EU. Those countries that saw the UK as a counter-weight to Germany or France, or who used it to promote liberalising, Atlanticist agendas will now find that the environment is less conducive. Security will be a key part of this, as there is a potential to return to the old cleavages and a structural boost to Europeanist models.

This means that states have to think about what Brexit means for the rest of the UK’s relationship with Europe, through NATO, WEU and all the dense network of multi- and bilateral agreements. And it also means that states have to think about how to adapt their EU strategy: there will have to be a realignment of alliances and coalitions.

And this brings us back to the starting point: Brexit qua Brexit is only ever going to be part of a much larger picture for most member states, and much of what will matter will be in their own hands and have little to do with the choices that are reached within Article 50. That leaves a lot of opportunity for those who do care to shape matters.

The post A tentative model of the EU27′s approach to Brexit appeared first on Ideas on Europe.

Categories: European Union

Pages