This paper evaluates the balance of power between member states and the Commission and observes that the former contrary to expectations enhanced their relative influence during the 1990s. On the basis of this observation, the paper gives a critique of neo-institutionalism and the multi-level governance perspective, which failed to predict member-state tenacity in this defining period.

ARENA Working Paper 06/2004 (pdf)

Hussein Kassim and Anand Menon

The paper discusses Joseph Weiler’s proposition of including a reference to Europe’s Christian roots in the Constitution for Europe. By examining the common European heritage as well as comparing with existing European constitutions, it is argued that an explicit religious reference is misleading as well as counterproductive to the development of a common European identity.

ARENA Working Paper 10/2004 (pdf)

Agustín José Menéndez

Drawing on institutional theory and sociology, this paper attempts to explain the contradictory trends in EU integration and implementation. Divergence between different sectors and countries is perceived as reflecting organizational dynamics and national re-contextualisation, both insufficiently explained by traditional theories of integration.

ARENA Working Paper 11/2004 (pdf)

Svein S. Andersen

In this paper the question of how to reconcile political unity and diversity, a classic problem of democratic theory, is applied to the evolving European polity. Specific emphasis is put on the dynamic behind voluntary cross-border cooperation and the consequences of such integration to the viability and democratic quality of constituent institutions.

ARENA Working Paper 13/2004 (pdf)

Johan P. Olsen

During the last decade, national parliaments have left their status as ‘losers’ of European integration by attaining a more prominent role in the EU. Tracing this development, the paper argues that a gap has evolved between the EU and EFTA countries with regards to parliamentary influence; furthermore, this gap is likely to increase with the introduction of a Constitution for Europe.

ARENA Working Paper 17/2004 (pdf)

Jan Kåre Melsæther and Ulf Sverdrup

This paper gives an assessment of the EFTA Court at the tenth anniversary of its existence. It is argued here that from the point of view of national courts, ther is no discernible difference in jurisdiction between the EFTA Court and the European Court of Justice. Other factores, such as institutional and cultural legacies in the member states more significantly affect the supply of referrals from national courts.

ARENA Working Paper 18/2004 (pdf)

Hans Petter Graver

In a time where Europeans reflect on how to reflect human rights and solidarity in the Constitutional Treaty, this paper develops a theory of federal justice to respond to some key issues. Aspiring to supplement Rawls’ Law of the Peoples, particular emphasis is put on the justification of differentiated human rights and distributive inequality in a federal order.

ARENA Working Paper 22/2004 (pdf)

Andreas Føllesdal