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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.
Despite increasing research into populist parties in power, their impact on subnational institutions has been neglected. Taking a novel multilevel perspective, this article inquires into the policy consequences of populist radical right parties (specifically, the FPÖ and Lega) in local government, and the effect of their simultaneous participation in national government. The article shows the expansion of exclusionary policy that follows their concurrent presence in national and local government. The process that leads from national government entry to local policy influence is traced using interview and newspaper data. The article argues that the influence of central parties over these ‘showcase’ localities is rooted in different multilevel governance configurations. These vary cross-nationally according to two factors: the strength of mayors’ linkages with higher government levels in the different institutional settings and, due to the different extent of party nationalization, the strategic value of the municipality to the central party.
This concluding chapter pulls together the material of this book into a more synoptic account. We begin by clarifying the aims of our book, highlighting that our approach poses steep challenges but also offers important payoffs. We proceed by summarizing the findings presented in previous chapters, discussing the causality of scale effects and the dimensions along which scale matters. We then offer a tentative theoretical synthesis that ties together many of the themes introduced in previous chapters. Next, we evaluate the implications of scale for big topics like governance, democracy, and freedom, where we identify a series of recalcitrant trade-offs. These concern efficiency (preferences versus policies), political relationships (informal/personal versus formal/institutional), systems of rule (intensive versus extensive), models of popular rule (participatory versus competitive), power (individual versus collective), and freedom (where trade-offs are conditional on structural features of the landscape). In the final section, we discuss the relevance of scale for current policy debates, looking specifically at the effect of boundaries between polities, changes in electoral laws, levels of government in a polity, and suffrage rights.
− ESG–Agency scholarship highlights the multiscalar and multilevel dynamics of earth system governance, with particular focus on the institutional and geographic scales.− Agents in earth system governance deploy diverse strategies and mechanisms, such as networks, bridging organisations, and orchestration, to navigate across global to local levels and ecological, social, economic, and political scales.− Whether multilevel and multiscalar dynamics enable or constrain agency in earth system governance depends on power dynamics and the resource capacities of agents.− Future research should examine the role of agents in political struggles related to the social construction of levels and scales in earth system governance.
− ESG-Agency scholars are at the forefront of exploring novel forms of agency within changing global governance architectures, such as the emergence of transnational and private governance, over the last decade. − Agency and architecture influence each other in a range of ways, underpinning processes of change in institutions, governance, and politics.− Greater focus is required concerning causal mechanisms of agency-architecture interplay, and their role in producing reflexivity and transformations in governance systems under pressure.
Governments perceive UN human rights conventions and the law of the World Trade Organization (WTO) as separate legal regimes. WTO jurisprudence, by contrast, interprets WTO rules as parts of international law and may soon be confronted with legal claims that WTO obligations are to be construed with due regard to the human rights obligations of WTO members. The diverse constitutional traditions of WTO members, and their political opposition to linking WTO law to human rights, make it unlikely that WTO members will respond to the UN proposals for a ‘human rights approach to trade’ by adopting a WTO Declaration clarifying that WTO rules are flexible enough to be interpreted and applied in conformity with the human rights obligations of WTO members (section 1). Following the invitation by WTO Director-General Pascal Lamy to form ‘cosmopolitan constituencies’ in support of global public goods (like a rules-based world trading system), this article makes concrete proposals for the initiative by the International Law Association (ILA) to elaborate an ILA Declaration clarifying the complex interrelationships between trade law, human rights and WTO jurisprudence (section 2). As many human rights arguments presented in trade disputes in the EC Court and in the European Court of Human Rights could likewise be raised in WTO dispute settlement proceedings, the article examines whether the ‘constitutional methodologies’ applied by European courts offer lessons for further ‘constitutionalizing’ trade governance in the WTO in conformity with the human rights obligations of all WTO members.
International negotiations for reducing emissions from deforestation and forest degradation and the enhancement of forest carbon stocks (REDD+) under the UN Framework Convention on Climate Change (UNFCCC) were finally concluded in 2015. However, due to the complex design and implementation processes of REDD+ policies and measures, including benefit sharing at national and subnational levels, several challenges exist for sustainably reducing emissions while simultaneously managing the provision of social and environmental side-objectives. We review the realities of REDD+ implementation in 13 REDD+ candidate countries and the risks related to REDD+ policies and benefit sharing based upon a synthesis of the findings presented in ‘country profiles’ that were developed between 2009 and 2013 as part of the Center for International Forestry Research's (CIFOR) Global Comparative Study on REDD+. We find that REDD+ policies in all countries studied are at high risk of ineffectiveness, inequity and inefficiency. By classifying these risks and understanding not only their impacts on different stakeholder groups, but also the consequences for achieving specific objectives, countries can identify solutions in order to address these shortcomings in their implementation of REDD+.
In this article we set out a fine-grained measure of the formal authority of intermediate subnational government for Indonesia, Malaysia, the Philippines, South Korea, and Thailand that is designed to be a flexible tool in the hands of researchers and policymakers. It improves on prior measures by providing annual estimates across ten dimensions of regional authority; it disaggregates to the level of the individual region; and it examines individual regional tiers, asymmetric regions, and regions with special arrangements. We use the measure and its elements to summarize six decades of regional governance in Southeast Asia and conclude by noting how the Regional Authority index could further the dialogue between theory and empirics in the study of decentralization and democratization.
Democracy and federalism are commonly viewed as complementary components of a political system. Conversely, a long-standing discourse claims the incompatibility of inevitable intergovernmental coordination in federalism with democracy, the former being viewed as an impediment or disruption to democratic governing. However, neither are the two inherently compatible nor inevitably incongruous. Instead, research and practice of democratic federations show that their relationship is one of multiple tensions. These may generate conflicts and impasses, yet can equally prove to be productive. To delineate these tensions, but also how different federal systems deal with them, this article examines federalism and democracy as two discrete, but interdependent institutional dimensions. Building upon this framework, we depict variants of coupling between institutions of federalism and democracy-based on selected cases. We demonstrate that particular modes of multilevel governance and intergovernmental relations are essential for linking the logics of federalism and democracy in loosely coupled, flexible patterns. Moreover, federal democracies can effectively cope with these tensions by continuously balancing power established in the two institutional dimensions.