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Research shows that electoral systems, gender quotas and a country's socio‐economic development affect women's legislative representation (WLR). Less attention is paid to the effects of the rise of regional political arenas and multilevel politics on WLR. Due to less costly and competitive electoral campaigns, women can have easier access to regional legislatures. We argue that this relationship is mitigated by the distribution of competences between the different levels of the political system and that decentralization's effect on WLR at the regional level is dependent on the regions’ political power. To test this, we use an original dataset on WLR in 383 regional parliaments in 19 European countries from 1970 to 2018. Results of the three‐level models show that more political authority vested into regions leads to a lower level of WLR in the legislatures of the more politically powerful regions in comparison with not only the regions possessing less authority but also with the national parliament. Possible explanations for this effect, such as the attractiveness of these positions to the mostly male political elite and, consequently, increased costs and competitiveness of electoral campaigns, are suggested.
Despite its widespread use in European studies and beyond, the concept of multilevel governance (MLG) still suffers from a considerable degree of uncertainty as to its precise meaning, which in turn hinders the cumulative development of this research programme. In an attempt to stimulate a systematic methodological discussion of the idea of MLG, this article presents a critical reconstruction of the concept structured around three ‘axes of ambiguity’– the applicability of MLG beyond the European Union; the role of non‐state actors; the focus on policy‐making structures versus processes – followed by a conceptual assessment and clarification strategy based on John Gerring's criterial framework. Building particularly on Gerring's criterion of causal utility, the article argues that the MLG concept is best clarified along the (not necessarily exclusive) lines of two theoretical directions emerging from the literature: MLG as a theory of state transformation, and MLG as a theory of public policy. For each of the two models, the criterial framework also indicates a number of corresponding conceptual shortcomings which MLG scholars should try to reduce as much as possible in future refinements of this idea.
Over the past years, the economic crisis has significantly challenged the ways through which social movements have conceptualised and interacted with European Union institutions and policies. Although valuable research on the Europeanisation of movements has already been conducted, finding moderate numbers of Europeanised protests and actors, more recent studies on the subject have been limited to austerity measures and the Transatlantic Trade and Investment Partnership (TTIP) has been investigated more from a trade unions’ or an international relations perspective. In this article, the TTIP is used as a very promising case study to analyse social movements’ Europeanisation – that is, their capacity to mobilise referring to European issues, targets and identities. Furthermore, the TTIP is a crucial test case because it concerns a policy area (foreign trade) which falls under the exclusive competence of the EU. In addition, political opportunities for civil society actors are ‘closed’ in that negotiations are kept ‘secret’ and discussed mainly within the European Council, and it is difficult to mobilise a large public on such a technical issue. So why and how has this movement become ‘Europeanised’? This comparative study tests the Europeanisation hypothesis with a protest event analysis on anti‐TTIP mobilisation in six European countries (Italy, Spain, France, the United Kingdom, Germany and Austria) at the EU level in the period 2014–2016 (for a total of 784 events) and uses semi‐structured interviews in Brussels with key representatives of the movement and policy makers. The findings show that there is strong adaptation of social movements to multilevel governance – with the growing presence of not only purely European actors, but also European targets, mobilisations and transnational movement networks – with a ‘differential Europeanisation’. Not only do the paths of Europeanisation vary from country to country (and type of actor), but they are also influenced by the interplay between the political opportunities at the EU and domestic levels.
Some European law proposals are subject to scrutiny by national parliaments while others go unchecked. The analysis in this article indicates that the opposition scrutinises European Union law to gather information on the proceedings inside the Council of Ministers and the European Parliament. Yet whereas strong opposition parties scrutinise highly politicised law proposals, weak opposition parties tend to scrutinise those proposals that are negotiated under the non‐transparent fast‐track procedure. In addition, there is ample evidence that the leading minister initiates scrutiny in order to strengthen his or her intergovernmental bargaining leverage. Yet, this Schelling Conjecture presumes that the party of the minister is located between the expected bargaining position in the Council and the coalition partner. Any other domestic interest constellation could lead to scrutiny motivated by whistle blowing. However, an issue's salience helps us to separate the whistle blowing from the Schelling Conjecture.
This study investigated a multilevel, multisector governance model regarding the incorporation of Eritrean asylum seekers in Tel Aviv, from perspectives of both Israeli civil society organization (CSO) professionals and asylum seekers, through semi-structured interviews, using a qualitative phenomenological design. The research revealed a complex interplay among governmental agencies, local authorities, and CSOs in negotiating legal actions and resource allocation. This interaction ranges from integration initiatives by the municipality and CSOs to separation and exclusion policies at the government level, and results in only partial integration, or “incorporation,” into Israeli society. While the government maintains significant influence over migrants’ lives, the municipality must balance governmental decrees, native-born residents’ opposition, and human rights commitments. Likewise, CSOs navigate a dual role of municipal cooperation and opposition. Over time, all stakeholders have recognized CSOs as an essential component of the interdependent governance structure. The findings illuminate how this multilevel and multisector framework shapes asylum seekers incorporation by community strengthening, education, and social and legal services. Despite maintaining dominant authority, the central government frequently engages in deliberative governance with municipalities and CSOs.
The COVID-19 pandemic has had devastating effects across the world, yet different countries have had varying degrees of success in their attempts to manage it. One of the reasons behind the different outcomes observed so far lies in the strengths and weaknesses of different governance arrangements leveraged to tackle the crisis. In this article we examine what we can learn about the operational capacity of different democracies through their early responses to the crisis. We provide a framework of four positive qualities of multilevel governance that might lead to greater chances of positive practical outcomes and present an illustrative case study of the experiences of Switzerland and the United Kingdom (UK). We conclude with some areas for further research and investigation.
Cumulative environmental harms pose pronounced challenges for human recognition, understanding, acceptance, and action. This chapter harvests insights across a wide range of disciplines to unpack the challenges involved in dealing with cumulative environmental problems. These insights point to a crucial role for well-crafted law and policy in responding to cumulative environmental problems. Analyzing cross-disciplinary insights about key challenges produces a framework of four integrated functions required for effective regulatory responses to cumulative environmental problems – the CIRCle Framework: (1) conceptualization: clearly and consistently conceptualizing the matter of concern that experiences cumulative impacts; (2) information: collecting, sharing, and analyzing information about environmental conditions, threats and benefits, rules and activities; (3) regulatory intervention: intervening to ensure cumulative impacts remain within an acceptable range; and (4) coordination among governments and stakeholders to undertake or contribute to the other functions.
Dealing with cumulative environmental problems unavoidably requires repeated interactions (coordination) among multiple and often many actors relevant to the other three CIRCle functions (conceptualization, information, and regulatory intervention). Coordination can promote effective approaches, avoid policy drift, and resolve disputes. Key actors may include multiple agencies and levels of government, quasi-governmental organizations, supranational and international institutions, and nongovernmental organizations representing stakeholders of different kinds. Rules can help overcome significant cost, time, and political disincentives to establishing and maintaining coordination. Two broad types of formal rules for coordination emerge in mechanisms for coordinating conceptualization, information, and intervention: those that establish an institution, and those that provide for interaction in other ways, such as duties to notify or cooperate or undertake joint planning. Legal mechanisms can also expressly provide for dealing with policy drift and resolving disputes between regulatory actors. Real-world examples are provided of legal mechanisms to support these forms of coordination.
This article analyses modes of policymaking related to asylum-seekers' reception in Italy and other European Union (EU) countries during the decade of the so-called 2015 asylum crisis. It shows that, while most EU countries experienced shifts towards more hierarchical modes of policymaking on asylum, Italy pursued a unique experience of multilevel governance (MLG) between 2014 and 2016, which was then dismantled in 2017. By looking at this MLG experience as a ‘heuristic case’, the article contributes to an ongoing debate about the drivers of MLG as a mode of policymaking. The existing literature suggests that MLG modes of policymaking are driven by institutional and structural factors or pressure by subnational and supranational actors for more participatory policymaking processes. Complementing and challenging these theoretical explanations we generate some hypotheses about additional factors that drive the emergence and dismantling of MLG. First, we argue that both supranational actors and subnational authorities, typically considered to be agents promoting MLG, can also advocate for more hierarchical modes of policymaking. Second, we argue that a fundamental prerequisite for MLG to emerge or persist is an overall convergence of political priorities and goals among the actors involved in multilevel policymaking. Both the kind of pressures made by supranational and subnational actors and actors' political priorities can be decisively shaped by dynamics of multilevel party politics. These findings are derived from analyses of 147 interviews with key actors involved in Italian asylum policymaking in the 2010s.
In the past five years, there has been a striking increase in the number of people experiencing homelessness, including unsheltered homelessness, across Canada (Infrastructure Canada, 2024). Facing this growing crisis, local governments are changing and expanding their responses. An important innovation is tiny homes, a form of deeply affordable and supportive housing for people leaving homelessness. In this brief article, I ask what explains local government's increased leadership and innovation with respect to homelessness and housing crises. Drawing on interviews and document analysis regarding the development of a tiny homes community in a mid-sized BC municipality, I identify three factors that have contributed to local government's policy innovation: 1) local officials are keenly aware of the inadequacies of federal and provincial responses and of the need for alternative approaches; 2) they hold important resources, notably local knowledge and land; and 3) they are facing pressure to respond from citizens and service providers.
Trust between constituent actors within the European Union (EU)’s multilevel regulatory regimes is decisive for regulatory success. Trust drives information flows, increases compliance, and improves cooperation within these regimes. Despite its importance, systematic knowledge regarding the drivers of trust within regulatory regimes is limited. This paper inquires whether trust in regulatory agencies is influenced by their affiliation with the national or EU governmental level, as well as by their performance. While existing literature predominantly focuses on why citizens place their trust in governments or regulatory agencies, this paper presents original insights regarding the formation of trust among elites within the regulatory regime, including politicians, ministerial officials, agency officials, interest groups, and regulated entities. We employ data obtained from a large-scale vignette experiment conducted in six countries involving 752 decision-makers from relevant organizations. The experimental results suggest that both public and private elite actors’ trust assessment of regulatory agencies does not hinge on cues associated with the governmental level, but rather depends on agency performance. Accordingly, belonging to the national or EU governmental level does not create a difference in trust assessment of regulatory agencies in itself. It, however, shows that particularly elite actors are rather sensitive in terms of the performance of a regulatory agency.
In both Sweden and Finland, water law has traditionally provided strong protection for hydropower operations by issuing permanent environmental licences. This national protection has started to erode as a result of the requirement of the European Union (EU) Water Framework Directive (WFD) for permit reviews to improve the ecological status of rivers. In the light of this dynamic between European and national frameworks, this article compares the Swedish and Finnish implementation of the WFD regarding existing hydropower operations. Whereas Sweden has adopted comprehensive legislative and policy reforms that embrace a systemic perspective on reconciling hydropower with the current societal and ecological circumstances, Finland has relied on bottom-up collaborative processes at the grassroots level. The article shows that both approaches are problematic in so far as they push the boundaries of proper implementation of the WFD and, by extension, the achievement of the ecological objectives of the WFD in waters affected by hydropower. Our comparison highlights tensions between EU law requirements for formal legal effectiveness in national implementation, and the WFD's aspirations for adaptive river basin-based governance.
Chapter 1 introduces the central puzzle of implementing primary education in northern India, a least likely setting for programmatic service delivery. Despite having the same formal institutions and national policy framework for primary education, implementation varies remarkably across northern Indian states. After reviewing existing explanations, the chapter outlines the main argument, anchored around variation in informal bureaucratic norms, and foreshadows the theoretical contributions to comparative politics and development. It then presents the research design and methods, based on multilevel comparisons in four Indian states (Uttar Pradesh, Himachal Pradesh, Uttarakhand and Bihar). Using multiple field research methods, I trace the implementation process from state capitals down to the village primary schools, drawing on two and a half years of field research: participant observation inside bureaucracies; village ethnography; and 853 interviews and 103 focus group discussions. I conclude with an overview of the book’s remaining chapters.
What makes bureaucracy work for the least advantaged? Across the world, countries have adopted policies for universal primary education. Yet, policy implementation is uneven and not well understood. Making Bureaucracy Work investigates when and how public agencies deliver primary education across rural India. Through a multi-level comparative analysis and more than two years of ethnographic field research, Mangla opens the 'black box' of Indian bureaucracy to demonstrate how differences in bureaucratic norms - informal rules that guide public officials and their everyday relations with citizens - generate divergent implementation patterns and outcomes. While some public agencies operate in a legalistic manner and promote compliance with policy rules, others engage in deliberation and encourage flexible problem-solving with local communities, thereby enhancing the quality of education services. This book reveals the complex ways bureaucratic norms interact with socioeconomic inequalities on the ground, illuminating the possibilities and obstacles for bureaucracy to promote inclusive development.
This chapter studies the balancing entrenched in unique national rules of the Member States. Those national balancing tools bear significantly on balancing in the decentralised enforcement era, during which almost 90 per cent of Article 101 TFEU enforcement actions have taken place in front of NCAs. This chapter highlights the doubts about the compatibility of those national tools with EU competition law, a topic that has been largely overlooked by legal scholarship.
This chapter studies the balancing entrenched in unique national rules of the Member States. Those national balancing tools bear significantly on balancing in the decentralised enforcement era, during which almost 90 per cent of Article 101 TFEU enforcement actions have taken place in front of NCAs. This chapter highlights the doubts about the compatibility of those national tools with EU competition law, a topic that has been largely overlooked by legal scholarship.
This chapter provides a reassessment of competence allocation and exercise under the UK constitution. It shows how the existing allocation needs to be understood through the prism of EU membership, and supports previously provided by the EU’s governance system. In particular, the EU’s commitment to subsidiarity, under which decisions should be taken at the lowest effective level, and its openness to regional concerns, carved out space for the exercise of devolved competence within a system of cooperative multilevel governance. This is in stark contrast to the near autonomous coexistence of the different governments within the UK nation state. As the UK embarks on the process of leaving the EU, its internal distribution of power is subjected to a recentralisation of competence. Informed by the literature on comparative federalism, it argues that there is a need for an effective domestic replacement for the shared competence space previously provided by the EU’s cooperative federalist system of governance. Powerful challenges have come from an attachment to the model of autonomous coexistence of central and devolved levels of government, reinforced by a resurgent principle of Westminster parliamentary sovereignty. Without an effective commitment to shared governance however, the Union’s future is in serious doubt.
This chapter considers how Northern Ireland’s experience during and after Brexit informs our understandings of multi-level governance orders and interactions between and within those orders. A traditional view of governance structures would regard Northern Ireland as having little say in negotiations on trade. Nonetheless, the negotiations on the Withdrawal Agreement have repeatedly seen all parties refer to and return to governance in Northern Ireland as a core concern. This piece will utilise scale theory – originating in political geography – to consider how Northern Ireland became central to the Brexit negotiations. Scale, as a geographical and political idea, incorporates a range of concepts (core and periphery, population size, majorities and minorities, temporality (linear and nonlinear), geographic governance size), as well as questions of local, national, regional and universal spaces to consider how governance is constructed and the role law plays in constructing scales. Whereas traditional accounts of scaled governance orders deploy “nested” constructs to place Northern Ireland in a tidy frame, organised like a series of Russian dolls, this chapter challenges this narrative by interrogating the slippage between the governance orders and their methods of interaction, and what extent of ‘voice’ that ultimately leaves for Northern Ireland.
This chapter turns to consider questions of scale by interrogating the multilayered system of governance that REDD+ envisions, as established through the allocation of forest resource rights to diverse social actors at the local, national and international levels. It reads debates about carbon rights in REDD+ alongside broader trends relating to natural resource governance, common property regimes (CPRs) and community resource management to show how frameworks for the allocation of layered, or nested, rights in the forest carbon economy is another legal technology through which authority over land is transferred to international actors and away from people who live in and around forested areas.
Tracing the background and origins of common concern of humankind, this chapter elaborates the legal framework and normative components of a future principle of Common Concern of Humankind. While its contours have remained vague and undetermined so far, we suggest that a future principle could emerge in a process of claims and responses, consisting of essentially three dimensions. Problems actually or potentially posing a threat to international peace and stability - and thus in need to be addressed - entail obligations to consult and cooperate, beyond current disciplines of general public international law. It entails obligations to implement international obligations and commitments, in addition to domestic law which in the field, may deploy extraterritorial effects in addressing the shared problem at hand. Finally, the principle obliges states to act and take countermeasures, subject to proportionality, in response to free-riding and evasive states. The principle of Common Concern is not limited to international law, but may also deploy comparable effects within states and federations in addressing pressing shared problems. It has the potential to become an important building block of transnational federalism and multi-level governance and to assist restructuring different areas of public international law seeking greater cooperation and commitments in addressing pressing and shared regulatory needs.