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Mutual recognition is a cornerstone of European integration. Famously associated with the Court of Justice’s ruling in Cassis de Dijon, it has expanded beyond the free movement of goods into fields such as criminal justice, services, and risk regulation, enabling regulatory diversity. While often characterised as a general principle of Union law, this account has been questioned in the literature. This contribution reframes mutual recognition not as a free-standing legal principle guiding legal reasoning, but as a judicially developed mode of governance arising from the application of Union rules and principles. The paper traces mutual recognition’s judicial development in the case law of the Court of Justice, and then examines its advancement by the Union’s political institutions and its operationalisation in secondary legislation, with services law as a key case study. The article next links these judicial and legislative strands through their shared doctrinal foundations. Finally, it develops a governance-based account, drawing on political science and EU governance literature, to reconceptualise mutual recognition as a mechanism through which law structures and coordinates public power across the Union.
In multilevel governance systems, member states work together to address cross-border problems, yet people still lack a clear understanding of how and why their policies differ or converge. Existing research offers many explanations but often treats them separately or overstates the EU's independent influence. This Element brings these perspectives together in a single framework of policy dynamics. It distinguishes policy areas shaped mainly by EU institutions or member states, or by their interaction. It introduces an actor-centered typology of policy dynamics – stable patterns of actors, incentives, and mechanisms that shape policy over time. The Element shows that these dynamics matter only when governments, interest groups, and NGOs have the incentives, capacity, and leverage to build coalitions and pursue goals. The policy dynamics framework helps learners identify likely causal mechanisms and supports clearer comparison, explanation, and teaching of EU policymaking. This title is also available as Open Access on Cambridge Core.
The mood amongst workers in Western Europe as the 1960s ended was one of frustration and anticipation. From the streets of Paris in May 1968 to the factory floors of Turin in the autumn of 1969, social movements of workers and students demanded a real say over their daily lives and the institutions that shaped them. These calls for economic democracy were picked up by trade unions, national politicians and, eventually, the European Commission. In 1973, having published proposals that included plans for ‘worker participation’, the Commission wrote that if employees did not have a voice, the Commission’s proposals would not ‘satisfy the requirements of society today’. However, the Commission’s interpretation of industrial democracy was criticised by trade unions and socialist politicians, buoyed by the militancy of the workers, for not going far enough. As the Commission tried to persuade labour representatives that the European project was taking their demands seriously, another critique of worker participation crystallised on the right. As Keynesianism lost credibility in Member States, and a neoliberal discourse emerged around the need for Europe to be ‘competitive’ and ‘flexible’, employer groups pushed back against worker participation and undermined a labour movement that had posed a genuine threat to capital’s interests. This paper tells the story of one component of the Commission’s plans: the proposed Fifth Company Law Directive. Using archival material from EC institutions and employer lobby groups, it argues for an understanding of company and labour law harmonisation that takes seriously the political economy of Western Europe during the ‘Long 1970s’.
Mutual recognition is a cornerstone of European integration, enabling cooperation across diverse policy fields while allowing the Union to pursue unity without uniformity. Yet, the Posted Workers saga – widely framed as a tale of tension between social rights and economic freedoms – exposes some of its limits. This paper uses the Posted Workers saga as a case study of mutual recognition. Empirically, it draws on the legislative negotiations behind the 1996 and 2018 Directives and case law from Rush to Laval, to examine legislative intent. The analysis shows that the 1996 Directive was not primarily concerned with protecting workers but with regulating the cross-border provision of labour via the freedom to provide services, through a mutual recognition mechanism. The mechanism was asymmetrical by design: it privileged certain Member States’ labour rules over others to address social dumping. The Directive was intended to create a ceiling – rather than a floor – of standards under Article 3(1), subject to narrow exceptions. Conceptually, the paper argues that mutual recognition operates as a generative yet fragile mode of integration. It is generative, fostering coordination between Member States and enabling free movement. Yet it remains fragile where the interpretations of the ‘content’ of such rules diverge. In the Posted Workers context, such divergence is evident via the conflicting understandings of ‘minimum rates of pay’. The paper concludes that while mutual recognition can facilitate diversity, it cannot indefinitely substitute for substantive political engagement in defining the content and scope of shared rules.
Agriculture has been an unloved policy area in the history of Germany’s Social Democratic Party (SPD). Already lying at the intersection of interest-based constituency politics, party ideology, electioneering, fiscal and trade policy, economics, welfare, and government coalition-making, farm policy became even more complicated when the geopolitical question of European agricultural integration arose in the 1950s. Throughout, the SPD remained concerned that farmers could rise against democracy if their demands went unmet. The SPD’s policy preference was for economic rationalisation and low agricultural tariffs, mitigated by an active (but not excessive) welfare policy for farmers. Instead, government support for farmers and agricultural protectionism actually increased under SPD-led governments in the 1920s and again in 1969–1974. Political objectives to attract farm support and lessen rural antagonism towards social democracy ran against the party’s policy preferences. In the exercise of practical social democracy, choices have to be made. This chapter argues that, in the end, agricultural policy proved to be a second-order policy. Party leadership bartered the SPD’s preferred agricultural policy away to gain the political breathing space they needed to carry on in government and implement first-order priorities that lay closer to their hearts.
The study of European capitalism since 1945 has revealed three key findings. First, Europe’s governance of capitalism has been marked by four main periods: : 1) embedded liberalism (1945–73); 2) global attempts at mixed capitalism (1973–92); 3) high neoliberalism (1992–2016); and 4) the return of community capitalism since 2016. Second, Europeans have invented an original system to reach compromise between both states and the three types of capitalist governance, thereby offering choice, far from the image of a neoliberal technocratic dictatorship. The European Union is a mix between the influence of many countries, including Germany, France, and Britain, in addition to Italy and many others. Third, the trinity points to three alternatives that were – and still are – present: the neoliberal free-trade area, the socio-environmental alternative and the challenge of the return of community capitalism, between protectionist tensions, Fortress Europe and the possible hollowing out of the European Union from the pressure of growing nationalism.
Which form of capitalist governance best fosters peace, prosperity, social cohesion, and environmental protection? I argue that making sense of this complexity calls for revisiting the three different principles of capitalist governance: liberty (freeing the market to unleash growth), solidarity (reining in the free market to protect the weak and the environment), and community (safeguarding the group through protectionism and military might). I contend that studying the European Union helps provide insight into how a compromise between liberty, solidarity, and community capitalisms is struck, as the Union is in a constant process of negotiation among bickering members. Dealing with community capitalism, in particular with protectionism and nationalism, has been the most pressing challenge for Europe in the past, not just today. This book will focus on the interaction between capitalism and European integration between 1945 and 2025, drawing on studies from areas of scholarship that rarely enter into dialogue with one other (history, political science, comparative political economy, international relations), as well as through new archival research.
A targeted European welfare state emerged between 1950 and 1992, one that was referred to in the late 1980s as the ‘social flank to the internal market’. This chapter will begin with a chronological overview, including a first section on the slow development of this European social policy between 1945 and 1985, and a second one its heights under Jacques Delors (1985–1995). It will then proceed with a topical exploration of European measures in this area (protecting the weak, environmental policy, regional solidarity), before concluding with an analysis of the two most important alternatives that were later abandoned: planning, and comprehensive social and fiscal harmonisation. This relative weakness of social Europe can be explained by its late development, by the sheer difficulty of organising a transnational social movement, as well as by divisions among its supporters. Besides, Thatcher was a formidable obstacle, one that Delors sought to circumvent through greater use of qualified majority voting. Other important actors were European trade unions, gender and environmental activists, as well as members of the European Parliament.
Britain’s constitutional evolution falls within the mainstream of European constitutional traditions, but the gulf between its governing practices and those adopted in the European mainstream has grown progressively wider. While most European nation-states have adopted written constitutions at critical moments of modern history, Britain continues to adhere to the traditional conception of a constitution as a set of laws, customs and practices that continuously evolve in response to social, economic and political change. This is one reason why Britain’s involvement in the venture of creating a European Union has always been rather awkward. In this chapter, I sketch the main constitutional tropes that have emerged in British thought and show how they express a constitutional identity antithetical to the assumptions driving the project of continuing European integration. I first introduce a series of constitutional stories through which the English have sought to explain themselves as a nation and a state and then consider how these accounts have evolved with the expansion of the English state into a British imperial state. Finally, I will indicate how these legacies ensured that Britain could never become an active participant in the European federal project.
This chapter intends to explore the roots of the Polish ‘constitutional crisis’ by utilising the concept of constitutional drift. While the Polish 1997 Constitution contains provisions that would enable interpreting it by using the lenses of Sciulli’s societal constitutionalism (which we call the ‘societal imaginary’), such opportunity was disregarded by more dominant liberal and communitarian imaginaries present in the political and constitutional discourse. The latter contributed to fostering a governance structure that strengthened the executive (the cabinet) at the expense of all social actors whose rights are strongly embedded within the Constitution – social partners, civil society and professional self-government organizations. Overall, the processes similar to those happening to the juridical power after 2015 in Poland, had been happening to other competitors to power prior to 2015 and constitutional crisis should be seen as a relatively late phase of the constitutional drift resulting from overlooking possibilities granted by societal imaginary.
This chapter aims to analyse the Polish ‘integration clause’: Article 90 of the Constitution as an element of the Polish constitutional imaginary. The notion of constitutional imaginary as formulated by Martin Loughlin will provide the theoretical framework for these considerations. Perceived through the lens of Louglin’s constitutional imaginary concept, Article 90 turns out to be the provision that shapes intricate relations of two big ineffable ideas: sovereignty and European integration. The latter has been perceived in the constitutional practice as both the ineffable aspiration and the object of serious concerns. Since Poland’s accession to the EU, for a long time, constitutional practice with regard to the EU was a syncretic collection of cautious friendliness towards EU law, emphasis on (formal) constitutional supremacy and narrowing down the interpretation of ‘the conferral of competences’. Nevertheless, until recently, the constitutional text had tended to be interpreted as facilitating rather than limiting Poland’s participation in European integration. Therefore, the recent Eurosceptic turn after 2015 was not justified either in the sphere of thought or in the constitutional text. It disturbed the existing balance between ideology and utopia.
How have European countries coped with the challenge of industrial capitalism and the rise of superpowers? Through an analysis of European integration from 1945 to the present day, Laurent Warlouzet argues that the European response was to create both new institutions and an original framework of governance for capitalism. Beyond the European case, he demonstrates that capitalism is not just a contest between free-markeeters and their opponents, those in favour of welfare and environmental policies, because there is a third camp which defends protectionism and assertive defence policies. Hence, the governance of capitalism has three foundational principles – liberty, solidarity and community. The book explores debates among Europeans about how to address global interdependence in political, economic, and environmental terms. It is based on fresh archival evidence collected in eight countries. This title is also available as open access on Cambridge Core.
Chapter 2 provides an overview of the Commission as a technology regulator, outlining the development of the EU’s technology policies and laws, from their beginnings in the late 1970s until the late 2000s. Reflecting on the limited interventions of the Commission during the period referred to as one of ‘Eurosclerosis’, and the beginnings of distinct technology policies and positive acts of integration around technology in the 1990s. It explores how during its development, EU technology policy was marked by a distinction between economically oriented developments, such as around intellectual property rights, and security-related ones as in the case of cybercrime and cybersecurity. However, in the period of the late 2000s/early 2010s and the EU ‘polycrisis’ of financial crisis, legitimacy crisis, and populism crisis, and concerns over the power of the private sector in technology governance, the groundwork was laid for seeing technology control in terms of interlinked economic and security goals, a growing distrust of ‘Big Tech’, and concerns about the need to externalise the EU’s rules and values, including through the Brussels effect.
The final decade of Sarah Wambaugh’s life would see her appointed technical advisor to the allied-run mission to observe the sensitive Greek elections of 1946, as well as to the soon abandoned plebiscite in Kashmir several years later. However, in Greece Wambaugh’s expertise now stood in contrast to new scientific sampling techniques, while she would keep silent about the fact that women were not allowed to vote, in a bid to support the anti-communists who won the election. Meanwhile her normative rules for the plebiscite would be dispensed with as not culturally relevant by those planning the vote in Kashmir. The chapter ends with an examination of the first UN plebiscite actually held, in British Togoland in 1956, and with the 1955 referendum on the proposal to turn the Saar into a Europeanised territory. Both operations eschewed many of the heavy normative principles which Wambaugh had developed for the plebiscite.
While European integration has transformed national parliaments, its long-term impact on conflicts between governments and opposition parties remains insufficiently understood. This study addresses that gap by analysing how Sweden’s accession to the European Union (EU) in 1995 altered the patterns of parliamentary opposition. Using longitudinal data on government proposals in the Swedish parliament, 1970–2022, we apply a difference-in-differences design to compare opposition intensity before and after accession. Our findings reveal two major transformations. First, we identify a sustained decline in opposition in internationally embedded economic and tax policies, supporting the view that the EU political system structurally depoliticises economic governance. Second, we observe a gradual but pronounced politicisation in policy areas tied to national identity and social welfare, where EU competences are limited and domestic discretion remains. We thus find that European integration reshapes parliamentary conflict by dampening opposition in economic policymaking while intensifying contestation in policy areas related to national identity and social protection. Rather than reducing opposition overall, EU membership redirects it across issue areas. Taken together, the results show that the distribution of national and supranational competences conditions parliamentary opposition. As Sweden is a most likely case of EU-induced cleavage transformation, similar dynamics are likely across other member states as well. The study advances parliamentary research by shifting attention from formal powers and debates to observable opposition behaviour over time. It also adds to theories of modern-day cleavage formation by providing evidence that European integration reduces conflict in economic policy while intensifying identity-based divides.
Among the most difficult challenges facing the European Union (EU) is the development of a European identity. The countries and regional groups of Europe have long histories and traditions, and have had numerous wars against one another over the centuries. European identity must overcome traditional rivalries. In addition, European identity must encompass the tens of millions of immigrants who have arrived in Europe since the Second World War, and who tend to be dissimilar from the host society population in terms of religion, language, culture, and other important characteristics. But Europe has an aging and declining population and needs immigrant labor. Despite challenges, as reflected by the Eurobarometer and other indicators, European identity is becoming more salient, especially among the young.
The subject of this study comprises how Turkey’s EU membership is seen by HDP-supporter Kurdish voters in Turkey, as a non-EU country that has on-hold negotiations but still an ostensible vision for membership. There is a dearth of literature regarding Kurdish voters’ views on the EU, and this study, employing the focus group method, aims to address this gap by providing insights into the perspectives of Kurdish voters who support the HDP on Turkey-EU relations and their attitudes toward the EU. The study employs focus group methodology to assess whether the independentist demands that began to spring in Europe are also becoming popular among Kurdish voters. The primary finding derived from the focus group study indicates that the interviewees exhibited limited interest in both the EU negotiations and the EU’s handling of the Kurdish issue, and that the EU accession process failed to evoke significant enthusiasm among the interviewees. Meanwhile, developments pertaining to the Kurdish population in Syria and Iraq have generated a significantly higher level of enthusiasm when compared to the negotiations with the European Union.
Having long shied away from proactively politicizing issues of European integration, the past crisis decade has put generally pro‐European mainstream parties under pressure to spell out more clearly which kind of Europe they support. We distinguish two such fundamental ideas of Europe: the redistributive polity, organizing transnational solidarity and the regulatory polity, strengthening national self‐reliance. Both notions are integrationist, but they come with distinct policy implications. What determines mainstream party support for either of these polity ideas? We investigate this question on data provided by the ‘EUandI’ voting advice application, which contains party positions on core issues of integration for all EU member states for the four European Parliament elections between 2009 and 2024. Mainstream party support for redistribution, we find, is generally driven by their ideological placement on the economic and cultural dimension. While progressive and left parties tend towards EU‐level redistribution, conservative and right parties are wedded to the idea of a regulatory European polity. This general dynamic, however, interacts with parties’ domestic considerations, that is, the public salience of an issue and a country's net‐payer status in the EU. We further find that the effect of mainstream parties’ ideological positioning differs across policy domains. While cultural and economic positions drive support for redistribution in fiscal and taxation policy to a nearly equal extent, support for redistribution in migration policy is driven by cultural factors alone, while in matters of security and defence right mainstream parties are more supportive of European solidarity than parties of the mainstream left. Our analysis demonstrates that mainstream parties now compete visibly over EU‐level redistribution, but that their stances on transnational solidarity differ depending on the domestic situation and the policy domain in question.
What explains the variation in public support for European integration? While the existing literature has predominantly focused on economic, cultural and political factors, the influence of geography has been largely overlooked. In this paper, we aim to fill this gap by examining the impact of residing in the European Union (EU) border regions on voters' perceptions and attitudes towards the EU. Contrary to previous research, our study reveals a remarkable pattern, indicating that individuals living in border regions exhibit a higher propensity to vote for Eurosceptic parties and hold negative views on the EU. Through the utilization of both behavioural and attitudinal indicators in years ranging between 1999 and 2021 and employing statistical matching, our analysis robustly supports this finding. Moreover, we delve into the underlying mechanisms driving these negative attitudes in border regions, highlighting the significance of institutional factors. A mediation analysis reveals an interesting and previously unexplored theoretical twist: We find that residing in a border region is associated with lower trust in national political institutions, which translates into distrust in the EU. These findings suggest that it might be policymakers residing in the capital of the country rather than people on the other side of the border that make borderland inhabitants' attitudes distinctly negative.
How do mainstream political executives cue their politicised constituencies on European integration? Moving beyond static expectations that EU politicisation induces executives to either undermine, defuse or defend integration, this article theorises executives’ incentives under different configurations of public and partisan Euroscepticism in their home countries. Expectations are tested on the sentiment and complexity that executives attach to European integration in almost 9,000 public speeches delivered throughout the Euro Crisis. It is found that national leaders faced with sceptical public opinion and low levels of partisan Euroscepticism rhetorically undermine integration, whereas European Commissioners faced with similar conditions are prone to defend it. These responses intensify disproportionally with growing public Euroscepticism, but are moderated by Eurosceptic party strength in surprising ways. When such challenger parties come closer to absorbing the Eurosceptic potential in public opinion, executive communication turns more positive again but also involves less clear rhetorical signals. These findings move beyond existing uniform expectations on mainstream responses to Eurosceptic challenges and highlight the relevance of different domestic configurations of EU politicisation.