Hertie School Research Repository
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European Security Policy at the End of the Post-Cold War Era
No full textFrom today's viewpoint, 2016 may well represent the end of the post‐Cold War era and the general assumptions that are associated with it. These include the beliefs that the United States remains a European power, guaranteeing the territorial integrity of its European NATO allies, that liberal democracy represents the political system widely seen as the only legitimate normative reference point, and that the future of the European Union will be defined by continued integration into an ‘ever closer Union’. These assumptions have been shaken to the core
All You Need Is Time? Discrepancies between the European Court of Human Rights Case Law and Liberal Normative Theory on Long-Term Migrants
No full textThis article, departing from Gila Stopler's ‘Rights in Immigration: The Veil as a Test Case’, published in the Israeli Law Review in 2010, reviews how the time spent by a long-term migrant, irrespective of legal status, normatively figures in liberal theories of migration and in the case law of the European Court of Human Rights (ECtHR). The article detects that in contemporary liberal theories, assigning an independent normative value to time spent by the migrant in the receiving country is a key move in balancing the competing interests of migrants and of the migrant-receiving country, where the right of the country to regulate migration is taken as given: the longer a migrant is present in a country, the stronger her interests become in receiving citizenship status or treatment akin to citizens. The article then surveys the case law of the ECtHR relating to long-term migrants. It finds that time is often one of multiple normative considerations in the balancing exercise, in conjunction with whether a migrant has achieved social integration in the migrant-receiving country and whether the right of the receiving community to regulate migration for reasons of affording citizenship, national security or distributive justice is paramount. The article argues that the lack of an independent normative weight afforded to time in the case law of the ECtHR is not merely a tension between the translation of liberal normative theory to legal policy. It also shows a deeper tension in liberal theories of migration between national liberalism and cosmopolitan liberalism
Internationalization Strategies in Higher Education Systems: A Variety of Capitalism Analytical Framework
No full textReview of Leemann, R.J./Christian, I./Powell, J.J.W./Sertl, M. (Eds.) "Die Organisation von Bildung: Soziologische Analysen zu Schule, Berufsbildung, Hochschule und Weiterbildung"
No full textLegislative codecision and its impact on the political system of the European Union
No full textThe European Union (EU) has experienced a remarkable degree of change during its history: it legislates in an ever wider range of policy areas, and its institutions and decision-making processes have been reformed repeatedly. One of the most important institutional changes was the introduction of the codecision procedure in 1993, which empowered the European Parliament (EP) and transformed the EU system of governance. Following the entry into force of the Treaty of Lisbon the majority of legislation is now subject to codecision under the ordinary legislative procedure. Consequently, the operation of codecision has major implications for our understanding and analysis of the EU's legislative outputs and for studies of supranational policy-making and systemic evolution more generally. This collection takes stock of 20 years of practising and studying codecision and examines the procedure's long-term implications for the EU's institutions, politics and policies
EU legitimacy revisited: the normative foundations of a multilevel polity
No full textThis paper reconceptualizes the challenge of legitimate governance in the European Union (EU) as a multilevel polity. Legitimacy is defined as one possible motivation for accepting political rule; it roots in citizens’ affiliation with a balanced set of core values and their structural realization. This article argues that any attempt to legitimize the EU faces two distinct challenges. First, owing to the co-existence of states and individuals as political subjects, national legitimacy standards – defined by their balance of negative freedom, political equality and welfare – cannot be reproduced. Second, the legitimacy of both the Union and its member states depends upon the compatibility of values across levels. Empirically, legitimacy is hard to disentangle from other motivations behind acceptance, such as self-interest or fear of sanctions. By analysing the EU's constitutional evolution as a ‘structural proxy’ for its underlying values, we capture shifts in the supranational value configuration and identify potential incompatibilities with established national balances. Such incompatibilities, we argue, are a hitherto neglected challenge to the normative justifiability of both the EU and its member states
