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Internal Market (internal + market)
Selected AbstractsFamily Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal ApproachEUROPEAN LAW JOURNAL, Issue 5 2009Alina Tryfonidou Over the years, in the case-law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ,moderate approach' in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ,liberal approach' in cases such as Carpenter (2002) and Jia (2007). Under the Court's ,moderate approach', family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ,liberal approach', in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ,liberal approach' side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ,liberal approach' seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ,moderate approach' and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ,moderate approach') as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems. [source] The European Research Area: On the Way Towards a European Scientific Community?EUROPEAN LAW JOURNAL, Issue 5 2006Álvaro De Elera The aim was to create an ,internal market of research', in contrast with previous efforts in research policy that amounted to continued fragmentation. Lack of support from both Member States and the Council, together with the almost exclusive use of the Open Method of Coordination for the design of the Area, meant that the initially high ambitions were not met. The social repercussions of the project were also watered down as a consequence. [source] What Does Free Movement Mean in Theory and Practice in an Enlarged EU?EUROPEAN LAW JOURNAL, Issue 6 2005Sergio Carrera The right to move freely represents one of the fundamental freedoms of the internal market as well as an essential political element of the package of rights linked to the very status of EU citizenship. The scope ratione personae and the current state of the principle of free movement of persons is assessed by looking at the most recent case law of the Court of Justice and the recently adopted Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. But what are the hidden and visible obstacles to free movement of persons in Europe? How can these barriers be overcome to make free movement and residence rights more inclusive? This article addresses these issues along with the following questions: Who are the beneficiaries of the free movement of persons in an enlarged Europe? What is the impact of the recent legal developments in the freedom of movement dimension, such as the European Court of Justice case law and the new Directive? And to what extent are pro-security policies such as the Schengen Information System II and an enhanced interoperability between European databases fully compatible with the freedom of movement paradigm? [source] RESTRUCTURING THE NHS AGAIN: SUPPLY SIDE REFORM IN RECENT ENGLISH HEALTH CARE POLICYFINANCIAL ACCOUNTABILITY & MANAGEMENT, Issue 4 2009Pauline Allen Introducing market-like structures to public services is a key aspect of New Public Management. The restructuring of the NHS into an internal market of the 1990s is an example. Recent policies have further developed this notion. A new aspect of the restructuring is a focus on increasing the diversity of types of provider of healthcare organisations. The objectives of the restructuring policy entailing the increase in supply side diversity are examined, and the challenges raised by these changes are discussed. It is argued that the government is too optimistic about the benefits, and insufficiently concerned about possible undesirable consequences. [source] The European Commission: The Limits of Centralization and the Perils of ParliamentarizationGOVERNANCE, Issue 3 2002Giandomenico MajoneArticle first published online: 17 DEC 200 The idea of an inevitable process of centralization in the European Community (EC)/European Union (EU) is a myth. Also, the metaphor of "creeping competences," with its suggestion of a surreptitious but continuous growth of the powers of the Commission, can be misleading. It is true that the functional scope of EC/EU competences has steadily increased, but the nature of new competences has changed dramatically, as may be seen from the evolution of the methods of harmonization. The original emphasis on total harmonization, which gives the Community exclusive competence over a given policy area, has been largely replaced by more flexible but less "communitarian" methods such as optional and minimum harmonization, reference to nonbinding technical standards, and mutual recognition. Finally, the treaties of Maastricht and Amsterdam explicitly excluded harmonization for most new competences. Thus, the expansion of the jurisdiction of the EC/EU has not automatically increased the powers of the Commission, but has actually weakened them in several respects. In addition, the progressive parliamentarization of the Commission risks compromising its credibility as an independent regulator, without necessarily enhancing its democratic legitimacy. Since the member states continue to oppose any centralization of regulatory powers, even in areas essential to the functioning of the internal market, the task of implementing Community policies should be entrusted to networks of independent national and European regulators, roughly modeled on the European System of Central Banks. The Commission would coordinate and monitor the activities of these networks in order to ensure the coherence of EC regulatory policies. More generally, it should bring its distinctive competence more clearly into focus by concentrating on the core business of ensuring the development and proper functioning of the single European market. This is a more modest role than that of the kernel of a future government of Europe, but it is essential to the credibility of the integration process and does not overstrain the limited financial and legitimacy resources available to the Commission. [source] New Labour and the enabling stateHEALTH & SOCIAL CARE IN THE COMMUNITY, Issue 6 2000Ian Taylor BA (Leics) Msc, PhD (Econ) Abstract The notion of the ,enabling state' gained currency in the UK during the 1990s as an alternative to the ,providing' or the welfare state. It reflected the process of contracting out in the NHS and compulsory competitive tendering (CCT) in local government during the 1980s, but was also associated with developments during the 1990s in health, social care and education in particular. The creation of an internal market in the NHS and the associated purchaser,provider split appeared to transfer ,ownership' of services increasingly to the providers , hospitals, General Practitioners (GPs) and schools. The mixed economy of care that was stimulated by the 1990 NHS and Community Care Act appeared to offer local authorities the opportunity to enable non state providers to offer care services in the community. The new service charters were part of the enablement process because they offered users more opportunity to influence provision. This article examines how far service providers were enabled and assesses the extent to which new Labour's policies enhance or reject the ,enabling state' in favour of more direct provision. [source] Institutional Effects on State Behavior: Convergence and DivergenceINTERNATIONAL STUDIES QUARTERLY, Issue 1 2001Liliana Botcheva We develop a new typology for examination of the effects of international institutions on member states' behavior. Some institutions lead to convergence of members' practices, whereas others result, often for unintended reasons, in divergence. We hypothesize that the observed effect of institutions depends on the level of externalities to state behavior, the design of the institution, and variation in the organization and access of private interests that share the goals of the institution. We illustrate these propositions with examples drawn from international institutions for development assistance, protection of the ozone layer, and completion of the European Union's internal market. We find that significant externalities and appropriately designed institutions lead to convergence of state behavior, whereas divergence can result from the absence of these conditions and the presence of heterogeneity in domestic politics. [source] The European Union and the Securitization of MigrationJCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 5 2000Jef Huysmans This article deals with the question of how migration has developed into a security issue in western Europe and how the European integration process is implicated in it. Since the 1980s, the political construction of migration increasingly referred to the destabilizing effects of migration on domestic integration and to the dangers for public order it implied. The spillover of the internal market into a European internal security question mirrors these domestic developments at the European level. The Third Pillar on Justice and Home Affairs, the Schengen Agreements, and the Dublin Convention most visibly indicate that the European integration process is implicated in the development of a restrictive migration policy and the social construction of migration into a security question. However, the political process of connecting migration to criminal and terrorist abuses of the internal market does not take place in isolation. It is related to a wider politicization in which immigrants and asylum-seekers are portrayed as a challenge to the protection of national identity and welfare provisions. Moreover, supporting the political construction of migration as a security issue impinges on and is embedded in the politics of belonging in western Europe. It is an integral part of the wider technocratic and political process in which professional agencies , such as the police and customs , and political agents , such as social movements and political parties , debate and decide the criteria for legitimate membership of west European societies. [source] Resource Allocation Auctions within FirmsJOURNAL OF ACCOUNTING RESEARCH, Issue 5 2007STANLEY BAIMAN ABSTRACT There is growing interest in the use of markets within firms. Proponents have noted that markets are a simple and efficient mechanism for allocating resources in economies in which information is dispersed. In contrast to the use of markets in the broader economy, the efficiency of an internal market is determined in large part by the endogenous contractual incentives provided to the participating, privately informed agents. In this paper, we study the optimal design of managerial incentives when resources are allocated by an internal auction market, as well as the efficiency of the resulting resource allocations. We show that the internal auction market can achieve first-best resource allocations and decisions, but only at an excessive cost in compensation payments. We then identify conditions under which the internal auction market and associated optimal incentive contracts achieve the benchmark second-best outcome as determined using a direct revelation mechanism. The advantage of the auction is that it is easier to implement than the direct revelation mechanism. When the internal auction mechanism is unable to achieve second-best, we characterize the factors that determine the magnitude of the shortfall. Overall, our results speak to the robust performance of relatively simple market mechanisms and associated incentive systems in resolving resource allocation problems within firms. [source] Gazprom's export strategies under the institutional constraint of the Russian gas marketOPEC ENERGY REVIEW, Issue 3 2008Catherine Locatelli The strategy of the Russian gas company Gazprom is today at the centre of the debate surrounding the security of the European gas supply. The European gas market liberalisation is changing the industrial and commercial (that is to say, contractual) strategies of Gazprom in order to deal with the institutional changes in its main export market. In this context, to secure its market shares Gazprom try to acquire a presence downstream, which will give it access to final consumers. However, exports to Europe are affected by conditions in the Russian domestic market, not only in terms of supply and demand, but also in terms of prices. Russia's internal market can hardly be viewed as a genuine market where supply and demand are regulated by price fluctuations. [source] KEEPING IN CONTROL: THE MODEST IMPACT OF THE EU ON DANISH LEGISLATIONPUBLIC ADMINISTRATION, Issue 1 2010JØRGEN GRØNNEGAARD CHRISTENSEN Membership of the EU and the scope of European integration are still contested issues in Danish politics. However, the impact of EU legislation on Danish legislation is relatively modest and highly concentrated within the field generally related to the regulation of the internal market. Strong upstream procedures at both the interdepartmental and the parliamentary level have been installed that effectively protect Danish policy-makers against political surprises in EU legislative politics. Upstream procedures are much stronger than the downstream ones for overseeing the implementation of EU policies and they ensure a high degree of consensus on specific EU legislation, both among the political parties in the Danish Parliament and among affected interests. As a result the transposition of directives is mainly a ministerial responsibility, and within the well-established fields of cooperation, the decree is the preferred legal instrument. [source] MANUFACTURING WAGES IN THE ENLARGED EU: THE ROLE OF NEIGHBOUR-COUNTRY EFFECTS*THE MANCHESTER SCHOOL, Issue 1 2009HELENA MARQUES In this paper a New Economic Geography type wage equation is estimated for the EU-25. The determinants of manufacturing wages are shown to be sector-specific and the role of geography is limited. As a consequence, we show that the improvement of the EU's internal market and the evolution of European geography are likely to favour larger EU members and challenge smaller ones. [source] The role of the European Parliament in forest environment issuesENVIRONMENTAL POLICY AND GOVERNANCE, Issue 4 2002Nikolaos D. Hasanagas This article deals with the potential influence of European parliamentarism on environmental policy in forested areas. It is addressed as much to policy analysts and parliamentary theorists as to those most directly involved therein, for example international lobbyists and policy-makers. The relative powers of the European Parliament, Council of Ministers and Commission and assorted interest groups (forestry and environmental activists) will be considered through the analysis of documents and expert interviews. The gradual extension of the European Parliament's power (co-operation and co-decision procedures) in combination with the parliamentary functions (control, legislation, election, articulation and communication) will be described where relevant to forest environment policy, in particular to competition, harmonization, internal markets, industry, research, land use, energy and development. The optimal lobbying terrains and prospects of environmental interest groups are also examined and the potential influence of the European Parliament on the implementation of such policy is explored. Copyright © 2002 John Wiley & Sons, Ltd and ERP Environment. [source] The Performance Effects of Business Groups in RussiaJOURNAL OF MANAGEMENT STUDIES, Issue 3 2009Saul Estrin abstract This study analyses the impact of business group affiliation on firm performance during a time when business groups are newly formed, when the economic and institutional environment is changing, and when group survival is uncertain. Based primarily on a transaction cost approach, we develop two hypotheses, concerning profitability and risk sharing (redistribution) respectively. The positive profitability hypothesis proposes that company affiliation with a business group directly and positively affects the profitability of each affiliate. A positive direct effect emerges when each affiliate benefits from access to group resources. The redistribution hypothesis considers the simultaneous possibility that inter-affiliate transfers of resources through internal markets are designed to redistribute profits among group members. We argue that variance-reducing redistribution from strong to weak group members is linked to group survival in times of institutional change. Our empirical approach focuses on testing these two linked hypotheses (and their alternatives) using a relatively large, contemporary and time varying database of Russian firms. We also develop a framework that distinguishes among the four possible empirical outcomes associated with the hypotheses. Our results provide unambiguous support for the case where the impact of group membership on profitability is positive and redistribution is variance-reducing. We term this outcome Business Group Robustness, and contrast it with other possible empirical outcomes. [source] From ,part of,' to ,partnership': the changing relationship between nurse education and the National Health ServiceNURSING INQUIRY, Issue 3 2010Karen Gillett GILLETT K,. Nursing Inquiry 2010; 17: 197,207 From ,part of,' to ,partnership': the changing relationship between nurse education and the National Health Service Worldwide, many countries have moved towards incorporating nurse education into the higher education sector and this inevitably has implications for the relationship between nurse education providers and local health service providers. This study explores the changes to the relationship in the UK between nurse education providers and the UK National Health Service over the past 20 years and demonstrates how two political ideologies have been central to those changes. The two ideologies of interest are the introduction of internal markets to the National Health Service by the Conservative government at the end of the 1980s and the New Labour response to the fragmentation of public services caused by Conservative neoliberal policy, which was to introduce the notion of ,partnership working'. This study reviews the wider debate around partnership policy and applies that debate to evaluate the way that nurse education providers and the National Health Service are working in partnership to provide clinical practice placements for nursing students. [source] Decision-making Autonomy in UK International Equity Joint VenturesBRITISH JOURNAL OF MANAGEMENT, Issue 4 2003Keith W. Glaister This paper investigates approaches to decision making in international joint ventures (IJVs) from the perspectives of the transactions cost and resource-based theories of the firm. In particular, the concept of autonomy in decision-making in a sample of UK-European equity joint ventures is examined. The study adopts a multi-method personal interview and self-administered questionnaire approach to examine managerial perceptions of decision-making and autonomy in the parent firms and the joint venture. The findings show that there are differences in the perception of autonomy between each of the parent firms, and between the parent firms and the IJV management. When we unpack the nature of autonomy in detail, it is found that IJV managers have greater degrees of operational autonomy than strategic autonomy and that decision making by IJV managers takes place within the context of constraints set within the IJV's business plan. This confirms the transaction cost theory which posits that key internal markets (for management, technology and capital) will be under parent control and also supports the resource based view that key capabilities are protected under the business plan established by the parent firms. The influence on IJV autonomy of the moderating variables IJV performance and IJV duration are also examined. [source] | |||||||||||||||||||||||||