Quota Hopping: The Common Fisheries Policy Between States and Markets

Article Abstract:

The representation of European fishermen is still predominantly linked to national and local communities. The Common Fisheries Policy (CFP), set up in 1970 to regulate `European' fisheries has integrated this representation in its main rules. From the 1980s onwards, this territorial logic of the CFP has been challenged by free market rules. In particular, the freedom of establishment and the free movement of capital have enabled EU shipowners to purchase vessels and to use national quotas in other EU countries. British fishermen have called this phenomenon `quota hopping'. As a case study, quota hopping illustrates the contradictions which exist in the EU between the territorial logic of an economic sector and the process of deterritorialization induced by liberal market norms. The mobilization of local fishing communities and of national governments against the changes which the EC market has brought about are not without effect. States have to cope with economic actors -- the quota hoppers -- who are increasingly capable of bypassing protective national policies by using the Community's rules of law.

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Diplomacy by Decree: The Legalization of EU Foreign Policy

Article Abstract:

One of the unique features of European integration involves the creation of a constitutional order for the European Union (EU). This order clearly governs many aspects of EU Member State economic and social policies, yet its impact on European foreign policy is less well understood. Although most Member States resist the legalization of their foreign policy co-operation, this policy domain has in fact become more legal, and in ways that have been neglected by most theorists of European integration and international law. To address these gaps in our understanding, this article explains (1) why legalization is an important aspect of European foreign policy; (2) how legalization has taken place; and (3) the impact of legalization on the evolution of EU foreign policy.

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The open method as a new mode of governance: the case of soft economic policy co-ordination

Article Abstract:

Taking economic co-ordination in EMU as a starting point, this article explores the development of the open method of co-ordination, addressing whether it is a new form of governance from two related perspectives. First, to what extent can the method be effectively applied outside the scope of economic policy? Second, will it lead to policy transfer to the EU and hence act only as a transitional mode of governance? Identified at the Lisbon European Council, the method codified practices such as benchmarking, target-setting and peer review developed in the Luxembourg, Cardiff and Cologne processes. The method offers a new approach to governance of the EU as a heterarchical, decentred and dynamic process. It supports and radicalizes the principle of subsidiarity; offers an alternative to the treaty rules on enhanced co-operation; and addresses some of the legitimacy issues inherent in the EU. In EMU, the method arose out of a specific policy framework with a common monetary policy complemented by the coordination of national economic policies. The recent recommendation issued against Ireland is the first example of the operation of the method in EMU and shows how debate can be stimulated and how different and arguably equally valid perspectives defended. The particular experience of EMU with a sound money, sound finance paradigm, a long history of project-building by key elites and the central role of the European Council suggest similar conditions are required for the effective application of the method in other policy spheres. The context within which the method has operated to date is contingent and could change either over time or between policy fields. If so, the very openness of the method may serve to reconfigure the boundaries of competence between the Member

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