Author: JEPP Online

In 2001, the Dutch parliament legalized same-sex marriages, making the Netherlands the first country worldwide to open marriage to same-sex couples. But what does it take for a country to become a global pioneer in advancing LGBT rights? Kelly Kollman argues that high levels of tolerance towards homosexuality in Dutch society and public support for the reform are only part of the story. Analysing the process leading up to the Dutch parliament’s vote on legalizing same-sex marriage, she shows how “the desire of Dutch activists and policy élites to burnish their international reputation as a social policy pioneer played a critical role in motivating the government to adopt this controversial policy”. Read her article “Pioneering marriage for same-sex couples in the Netherlands” published in the Journal of European Public Policy to learn how the European LGBT policy community facilitated the diffusion of same-sex unions policies and encouraged Dutch policy-makers to experiment with new forms of same-sex relationship recognition.

The Eurocrisis confronted national parliamentarians with some tough choices. MPs in creditor countries were asked to dig deep into the pockets of their constituencies to stop the fiscal freefall of other EU member states. Their colleagues in debtor countries voted on externally imposed austerity measures. Thus, expecting MPs to voice the interests of their national constituencies during one of the most severe crises of European integration seems plausible, right? Not necessarily, argues Lucy Kinski in her article “Whom to represent? National parliamentary representation during the eurozone crisis” published in the Journal of European Public Policy. Analysing plenary debates on the European Financial Stability Facility in Austria, Germany and Ireland, she finds that centre- and far-right parties indeed voiced national interests, however interestingly Eurosceptic MPs on the left criticised crisis measures in the name of European citizens. Crucially, Lucy’s findings suggest that “a Europeanization of national parliamentary representation does not necessarily mean pro-EU representation”.

With the rapid extension of its online segment, gambling has transitioned from a fringe pastime to a key source of both commercial and public revenue. But the popularity of gambling across Europe comes at a price, as estimates put the number of gambling addicts in the EU anywhere between 2.5 and 10 million individuals. Amid a general convergence among policy-makers’ regulatory responses, Carsten Jensen points out that some national gambling policies in Europe appear to follow distinct trajectories. Based on a comparative analysis of Norway’s restrictive approach towards gambling and Denmark’s liberal regulatory regime, he concludes that policy-makers “appear to prioritize reduced gambling addiction only when the state itself is not directly benefitting from the activity”. Read Carsten’s article “Money over misery: restrictive gambling legislation in an era of liberalization” published in the Journal of European Public Policy to learn how Norwegian policy-makers only went ahead with restrictive policies after their own reform efforts in the early 1990s incidentally shut Norway out from gambling’s revenue stream.

After a period of relative obscurity, EU trade policy has experienced a surge of interest, driven in large part by the negotiations on a Transatlantic Trade and Investment Partnership (TTIP). Presented by its advocates as a boon to growth and jobs and a means of cementing transatlantic leadership of the global economy, and by its detractors as a threat to democracy itself, it has sparked a furious and very polarized debate amongst commentators and in the public sphere. This motivates the authors in this third JEPP debate section (after debates on Brexit and EU democracy) to focus on whether TTIP truly represents a ‘game-changer’ of a trade agreement and to what extent it undermines democratic decision-making. It begins with a contribution by Ferdi De Ville and Gabriel Siles-Brügge, who argue that TTIP is not only novel but that it also represents a subtle threat to democratic decision-making. Drawing on a constructivist theoretical tradition, they illustrate how the agreement is set up to entrench certain regulatory practices and discourses that see public interest regulation as a barrier to free markets. Dirk De Bièvre and Arlo Poletti, in contrast, draw on existing interest-based political economy explanations to argue that much of TTIP is ‘good old trade politics’. They also take issue with the argument that the agreement represents a threat to democracy, arguing that the prospective agreement respects the regulatory autonomy of the EU (and the US), since a supermajority is required to adopt any change to the EU regulatory status quo. Moreover, the agreement would be likely to lead to regulatory upgrading worldwide. Leif Johan Eliasson and Patricia García-Duran round off the debate by arguing that TTIP represents a geopolitical game-changer because it is the first time that a bilateral agreement (rather than the WTO) may provide the global public good of common standards for an economically interdependent world. They also suggest that the fears of opponents of TTIP are largely driven by their misplaced concern that the agreement will allow the US to impose lower standards on the EU.

Throughout the past few years, online gambling has transitioned from a market beset with legal obscurity to an important source of revenue for EU member states. Online gambling, however, is bound to cause public regulators headaches since its economic benefits are not easily captured by the jurisdiction where activities take place. Instead, providers of gambling sites will often choose to set up shop where taxes are lowest. Analysing how the UK and Italy responded to the challenges of regulating the online gaming market, Des Laffey, Vincent Della Salla and Kathryn Laffey argue that different models of economic governance in EU member states are poor predictors of the regulatory instruments they chose. In their article “Patriot games: the regulation of online gambling in the European Union” published in the Journal of European Public Policy they argue that the UK and Italy chose to promote the interests of gambling operators, prioritising a steady flow of revenues over consumer and public health concerns.

Since its establishment in 1977, the European Court of Auditors has received its fair share of attention in the scholarly literature on EU institutions. Yet, we know surprisingly little about the control of expenditures of the European Communities prior to 1977. Paul Stephenson takes us on a historical journey, analysing how the Audit Board – beginning as a part-time agent of the Council – institutionalized the audit of the European communities from scratch. Read his article “Starting from scratch? Analysing early institutionalization processes: the case of audit governance” published in the Journal of European Public Policy to learn how the Audit Board struggled “to assert itself as a new player in the burgeoning institutional architecture of the Communities” and how we can best study such early institutionalization processes.

Amid a widely shared perception that trade unions have lost their clout in shaping governments’ social policies, recent scholarship suggests that this development has been particularly prevalent in liberal market economies. In their article “Trade union density and social expenditure: a longitudinal analysis of policy feedback effects in OECD countries, 1980–2010” published in the Journal of European Public Policy, Marc Hooghe and Jennifer Oser find that trade unions boasting union density can press governments for higher social expenditures, however only in coordinated market economies. Their analysis also tells us that a government’s social expenditure influences trade unions’ density, suggesting that “the mobilization success of trade unions is partly dependent on the opportunities created by contextual political institutions”.

Accession to the EU is conditional upon the Copenhagen criteria, including respect for democracy and rule of law – but once a country has become EU member state, what can actually be done against national democratic backsliding? In Hungary, Viktor Orbán is implementing his vision of an “illiberal democracy” and the Polish “Law and Justice” (PiS) government is imitating Orbán’s reforms, e.g. by undermining the independence of the judiciary. JEPP’s second debate section (for the first debate on Brexit, see here; another debate on TTIP is forthcoming) draws on different strands of political science research to discuss the political feasibility and the (un)intended consequences of EU safeguards against member states’ democratic backsliding. Michael Blauberger and R. Daniel Kelemen adopt a compliance perspective and focus on judicial instruments. They argue that existing judicial instruments could be deployed more aggressively to resist democratic backsliding, but many innovative proposals run the risk of unduly politicizing European and national courts. Ulrich Sedelmeier explores the potential of political safeguards, drawing on insights from research on EU party politics, on the domestic impact of international institutions, and on EU accession conditionality. He concludes that the application of material sanctions is very unlikely for party-political reasons and the added value of facilitating their use is questionable, but social pressure can be effective under favorable conditions. Bernd Schlipphak and Oliver Treib approach the topic from a public opinion perspective and discuss the risk that EU intervention may produce unintended nationalist backlashes. They identify conditions under which such a rally-around-the-flag effect can be avoided, i.e. if EU safeguards build on domestic allies, clearly target governments rather than countries, and are based on an independent assessment of potential infringements against EU fundamental values.