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"Fossum, John Erik"
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Multiheaded Federations: The EU and Canada Compared
The purpose of this article is to assess the merits of comparing the EU and Canada from a federal perspective. The point of departure is that both are federal-type entities that represent deviations from the standard or mainstream American model of federalism. That has given rise to alternative conceptions, multilevel governance for the EU, and a multinational federation for Canada. The article discusses the limitations of each such notion and instead argues for the merits of seeing both as different versions of multiheaded federation which is a useful analytical device for analyzing contestation over federalism within federal-type entities. This notion directs our attention to those with power and in the position to shape the political system’s federal-constitutional nature and design, which normally happens in the realm of constitutional politics. It is the fundamental struggle over sovereignty within a federal-type structure that gives rise to the notion of a multiheaded federation—there are multiple heads because there is no willingness to accept a hierarchical arrangement. The notion of a multiheaded federation is particularly suitable for capturing (de)federalisation processes and dynamics.
Journal Article
Towards a segmented European political order : the European Union's post-crises conundrum
\"This book makes a distinctive contribution to the crucial debate on the European Union's present and future development. It systematically examines how the range of crises and challenges over the last decade have transformed the EU and relates those findings to the discussion of an increasingly differentiated EU. It argues that the post-crises EU shows clear signs of becoming a segmented political order with in-built biases and constraints. The book spells out the key features of such an order in ideational and structural terms and how it more concretely manifests itself in the EU's institutional and constitutional make-up, and in how member states constrain and condition EU action. Different states impose different types of constraints, as is underlined through paying explicit attention to the Visegrâad countries. This book will be of key interest to scholars and students of European Union politics/studies, European integration and politics, East European politics, and foreign policy\"-- Provided by publisher.
Book
The Constitution's gift
This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform. The authors' original theory of constitutional synthesis captures the distinctive traits of the European Union as a polity. It explains why and how the European Communities were established as the first constitutional union of constitutional states wherein integration would be steered by law, not power politics or imperialism. Similarly, it presents the European Union as one of the few examples of a polity that has transcended the paradigm of the nation-state (and perhaps even that of the state). Locating the substance and process of Lisbon in its proper constitutional context, Fossum and Menéndez explain why this should be seen as a new beginning of the Union's constitutional season, not its end. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, their book will be essential reading for all readers interested in the process and theory of European integration.
eBook
Squaring the circle on Brexit : could the Norway model work?
Two pre-eminent Norwegian scholars of politics and law offer a comprehensive first-hand account of Norway's relationship with the EU and how this affects the country's legal and political system, setting out what Britain can learn from Norway's experience and how transferable these lessons are.
Book
Is the Grass Greener on the Other Side? Norwegians’ Assessments of Brexit
To what extent has Brexit affected Norwegians’ perceptions of their current relationship with the EU? What are the considerations that central political and societal actors bring up to explain their stances? What are the broader lessons for the EU’s relations with non-members? We argue that Norway’s EU affiliation is so close that we can draw on Catherine De Vries’ benchmark theory to assess whether Brexit affects Norwegians’ assessments of Norway’s relationship with the EU. We focus on the Norwegian government’s stance. Further, we consider opinion polls to understand the strength of domestic support for the EEA Agreement, and whether that support has changed as a consequence of Brexit. We thereafter look for political entrepreneurs or political change agents, in political parties, in interest groups, and among civil society activists. We find that Brexit has not served as a benchmark. It has not set in motion efforts to change Norway’s EU affiliation. Opponents diverge on alternatives, although share concerns about what they see as the EU’s neoliberal orientation. The analysis shows that we cannot assess Brexit as a benchmark without paying attention to the sheer size and magnitude of the EU–Norway power asymmetry.
Journal Article
Developing a Constitution for Europe
The European Union is currently in the midst of a comprehensive process of reform and the aim of this book is to address the challenge of forging a legitimate Constitution for the EU. These authors clarify the constitutional status of the EU, to take stock of the European Charter of Fundamental Rights and Convention of the Future of Europe as vehicles to foster and create a European constitution.
Prologue Chapter 1. Introduction, Chapter 2. Why Europe Needs a Constitution, Chapter 3. On the Right to Self-Government, Chapter 4. Human Rights, Constitutionalism and Integration: Iconography and Fetishism, Chapter 5. Treaty or Constitution? The legal basis of the European Union after Maastricht Chapter 6. A Policy without a State? European Constitutionalism between Evolution and Revolution, Chapter 7. Three Conceptions of the European Constitution Chapter 8. The Politics of Law and the Law of Politics: Two Constitutional Traditions in Europe Chapter or the Constitutional State in Europe Chapter 10. Law, Economics and Politics in the Constitutionalisation of Europe Chapter 11. The Convention Method and the Transformation of EU Constitutional Politics Chapter 12. Deliberation or Bargaining? Coping with Consititional Conflicts in the Convention on the Future of Europe Chapter 13. Still a Union of Deep Diversity? The Convention and the Constitution for Europe.
Erik O. Eriksen is Professor of Political Science at University of Oslo and Professor II at The University College of Oslo. John Erik Fossum is Senior Researcher at ARENA, University of Oslo, and Associate Professor at the University of Bergen. Agustín José Menéndez is Ramón y Cajal researcher at the Universidad de León, Professor at the Instituto Universitario Ortega y Gasset and CIDEL fellow at ARENA, University of Oslo.
eBook
Reflections on EU Legitimacy and Governing
Carol Harlow provides us with a nuanced and sophisticated assessment of the development of the EU's formal lawmaking processes and their legitimacy implications. She places particular emphasis on the important notion of executive legislation. That naturally puts the focus on delegation and principal/agent theory, which is discussed in relation to the EU in general. With regard to legitimacy, Harlow discusses both the input and output dimensions. The article brings in some of the crises-driven changes or mutations that the EU is presently experiencing. In this contribution I focus on some of the core notions in the analytical framework that Harlow constructs, with particular emphasis on legitimacy, representation and democracy.
Journal Article
Oil, the State, and Federalism
John Erik Fossum explores the reasons for the federal government?s intervention in the energy industry between 1973 and 1984 and shows how its initial objectives failed, culminating in the privatization of Petro-Canada in 1990.
eBook