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Does Governance Matter for Outward FDI? Evidence from the European Union Member States
Our principal aim is to assess the role of governance companies’ active internationalisation. We first measured and compared the degree of institutional quality among the 28 European Union Member States (EU–28) between 2004 and 2021 using the authorship synthetic index of governance quality (SIGQ) values. In the second step, we assessed outward foreign direct investment (OFDI) projects measured by their relative value to the GDP per capita in each member state. Finally, we correlated the overall quality of governance (GQ) and its six dimensions with OFDI in the EU–28 (including the UK). We employed numerous statistical tools, i.e., hierarchical cluster analysis, contingency analysis, synthetic index values, and descriptive statistics. We used the Worldwide Governance Index (WGI) to assess the GQ in the EU–28 for 2004–2021. The statistical analysis results revealed a positive relationship between the quality of governance and the OFDI. The most important of the partial variables was the rule of law, which reflects perceptions of the degree to which individuals and actors trust and adhere to social rules. Our research demonstrates that policymakers should consider the importance of institutional quality indicators in supporting domestic companies “to go abroad”. The primary input delivered by the study to the current body of knowledge about OFDI involves identifying the relationship between GQ in all the EU–28 (“old” and “new”) using the SIGQ index.
Journal Article
Who You Claim
The color of clothing, the width of shoe laces, a pierced ear, certain brands of sneakers, the braiding of hair and many other features have long been seen as indicators of gang involvement. But it's not just what is worn, it's how: a hat tilted to the left or right, creases in pants, an ironed shirt not tucked in, baggy pants. For those who live in inner cities with a heavy gang presence, such highly stylized rules are not simply about fashion, but markers of \"who you claim,\" that is, who one affiliates with, and how one wishes to be seen. In this carefully researched ethnographic account, Robert Garot provides rich descriptions and compelling stories to demonstrate that gang identity is a carefully coordinated performance with many nuanced rules of style and presentation, and that gangs, like any other group or institution, must be constantly performed into being. Garot spent four years in and around one inner city alternative school in Southern California, conducting interviews and hanging out with students, teachers, and administrators. He shows that these young people are not simply scary thugs who always have been and always will be violent criminals, but that they constantly modulate ways of talking, walking, dressing, writing graffiti, wearing make-up, and hiding or revealing tattoos as ways to play with markers of identity. They obscure, reveal, and provide contradictory signals on a continuum, moving into, through, and out of gang affiliations as they mature, drop out, or graduate. Who You Claim provides a rare look into young people's understandings of the meanings and contexts in which the magic of such identity work is made manifest.
eBook
Dynamics and determinants of emigration: the case of Croatia and the experience of new EU member states
This paper analyzes the emigration flows from Croatia and other new EU member states to the core EU countries after their EU accession. In order to assess the magnitude and dynamics of the recent emigration wave properly, we construct the series of indirect emigration flows, resorting to the national statistical offices of the selected core EU destination countries. We compare the Croatian experience with that of other NMS and show that the intensity of Croatia 's emigration flows after EU accession is proportional to that of the Romanian and Bulgarian cases. Finally, we empirically analyze the economic and non-economic drivers of emigration from NMS to the core EU in the 2000-2016period. Results show that both economic (measured by different GDP and labour market indicators) and non-economic factors (capturing the EU accession, the level of corruption in the economy and demographic characteristics of the origin country population) are relevant for emigration decisions.
Journal Article
The Case-Law of the Court of Justice of the EU on How to Respect the National Identities of the Member States Pursuant to Article 4(2) TEU
Just as the national legal framework of each Member State of the EU should allow the possibility that a child’s same sex parents be recognized as such, the obligation, if any, to teach a curriculum exclusively in the official language of the state at issue should disappear given that multilingualism is a fundamental value of the EU pursuant to Article 3(3), fourth indent, TEU. Neither respect for Member States’ national identities pursuant to Article 4(2) TEU nor the principle of proportionality alter that conclusion. The author believes that respect for the national identities of the Member States of the EU should in no way whatsoever limit the primacy (supremacy) of EU law, contrary to the stance of certain legal scholars. The case-law of the Court of Justice of the EU is slightly ambiguous in that respect. The same goes for that of the European Court of Human Rights, which accepts in certain circumstances protection of constitutional identity as a legitimate aim for differential treatment.
Journal Article
The 2007 African Charter on Democracy, Elections and Governance
In principle, the 2007 African Charter on Democracy, Elections and Governance (ACDEG) could be a powerful instrument to bring the African Governance Architecture to life and to help ensure that its universal values, including respect for human rights and the rule of law, are implemented across all African Union member states. Yet how serious in reality are the latter on this question? Ratification of the African Charter has taken five years and, as of late 2019, the implementation of its compliance mechanism is still pending. This article asks how these empirical puzzles can be best addressed. In the absence of robust data on member states’ preferences and with a view to developing hypotheses for further research, this article inductively interrogates how data on the various regimes’ political liberties may or may not relate to the ratification of the African Charter and the implementation of the ACDEG compliance mechanism.
Im Prinzip könnte die African Charter on Democracy, Elections and Governance (ACDEG) von 2007 ein schlagkräftiges Instrument für die Umsetzung der African Governance Architecture sein und helfen, in den Mitgliedstaaten der Afrikanischen Union universelle Menschenrechte durchzusetzen. Doch wie ernst nehmen diese Staaten ihre Verpflichtungen? Die Ratifizierung der African Charter hat fünf Jahre gebraucht und Ende des Jahres 2019 steht die Umsetzung des Berichtsmechanismus noch immer aus. Wie kann dieser empirische Befund erklärt werden? Mangels belastbarer Daten zu den politischen Präferenzen von Mitgliedstaaten und in der Absicht, Hypothesen für die weitere Forschung zu generieren, wird in diesem Artikel untersucht, wie sich der Grad der politischen Freiheit in AU-Mitgliedstaaten zur Ratifizierung der African Charter und der Umsetzung ihres Berichtsmechanismus verhält.
Journal Article
The Impact of Brexit on EU Criminal Procedural Law: A New Dawn?
This Article provides an analysis of how the UK's withdrawal from the European Union is going to impact on EU criminal procedural laws. From the EU's perspective, the loss of a \"critical\" partner may lead to more harmonised cooperation between the remaining Member States and thus less intergovernmental features in this area in the long term. More crucially however, the future relationship between the EU and the UK poses certain difficulties as the procedural arrangements to be put in place cannot simply replicate the pre-Brexit status of the UK's membership. According to the Draft Agreement on the New Partnership with the UK, mechanisms such as the European Arrest Warrant are to be replaced by new \"streamlined\" procedures and other \"simplified\" arrangements for the exchange of information and cooperation. This raises questions as regards the possibility for monitoring the UK's compliance as well as the enforceability of any procedural guarantees given. In addition, the inherent danger of the UK's departure comes in the shape of a discontinuity of upholding similar values as those applied by the EU (e.g., fundamental rights) and thus a further drifting apart of both sides. Essentially, it is argued in this contribution that this constitutes the opposite of the relationship with other third countries, which is usually characterised with progressive alignment, and should therefore be approached with great caution from an EU perspective for the conclusion of the negotiations on the future relationship.
Journal Article
Justifying supranational responses to the anti-constitutionalist challenge: Applying liberal multiculturalism as a background theory
The European Union is bound to respect the national identities of member states. States might, on occasion, define their national identities in ways that breach inclusive constitutional values (e.g. equality) protected under TEU Article 2. The assumption behind the recognition of diverse constitutional identities is the peaceful coexistence of both, which is challenged by illiberal national developments. We see the relationship between the constitutional recognition of exclusive values (e.g. dominant ethnicity or religion) and inclusive constitutional values as a zero-sum game; every gain by the proponents of emergent authoritarianism translates to a loss for constitutional democracy. While exclusive norms appear in virtually every constitutional system, a critical mass of exclusive values can lead to the hollowing out of a democratic order, both at the national and supranational levels. To try to identify the line where this shift happens, we rely on the limits of toleration and recognition of exclusive norms and identity elements of minority communities in liberal theories of multiculturalism (e.g. Raz, Taylor, Kymlicka). We think that the case of illiberal minorities raises structurally similar theoretical questions, insights and experiences as the dilemma defined above, namely the challenge of illiberal states undermining fundamental EU values.
Journal Article
Economic convergence of the Eastern Partnership countries towards the EU-13
The aim of the paper is to analyse if the Eastern Partnership countries converge towards the new Member States of the European Union, the EU-13. Beta convergence, which is based on the neoclassical growth theory, tests the hypothesis that poor countries tend to grow faster than rich countries, in per capita terms. The analysed period is 2004-2016, with two sub-periods: 2004-2008 and 2009-2013. The subdivision is made in order to test the research hypotheses. The first hypothesis is that the recent financial crisis negatively affected the absolute convergence process among the analysed countries. The second hypothesis is that the recent financial crisis negatively affected the conditional convergence process among the countries. The empirical findings support the economic convergence hypothesis, and the convergence rates range 1.6%-3.8%. The results show that the recent financial crisis negatively affected only absolute convergence. Negative effects of the crisis on conditional convergence are not confirmed.
Journal Article
The Development of Vertical and Horizontal Division of Power in the European Union as a Composite Supranational Power Sui Generis
The relations between the EU institutions established by the Treaty of Lisbon, as well as the relations between EU competences and the constitutional sovereignty of the member states, call for constant examination. Through the inductive method of constitutional law, we arrive at the assessment of the European Union as a special composite two-level power. Thus, we use model induction of “form of state”, “form of government” and analysis of types of lawsuits before the Court of Justice of the EU. The internal organization of the EU established in the treaties, as well as the actual decision-making, are dominated by EU bodies of an executive nature. Their executive activity then deepened in several crisis situations, such as the permanent threat of terrorism, the ongoing immigration onslaught on EU territory, the recent COVID epidemic, and the current ongoing aggression of the Russian Federation against Ukraine. The methodology of constitutional law thus reaches the conclusion about the necessity of the positive development of the EU system by improving both horizontal control relations within the EU institutional framework itself, as well as control measures of a procedural nature, especially in relation to derived EU law and possibly also against other interventions (steps) by EU bodies.
Journal Article