<p>ABSTRACT</p><p>University: Växjö University, school of social science, department of political science</p><p>Level: Bachelor’s thesis in political science</p><p>Title: SHIFTING BALANCE OF POWER? – an analyze of the new EU-treaty’s consequences for the EC-court.</p><p>Academic adviser: Associate professor Stefan Höjelid</p><p>Author: Magnus Nordahl</p><p>This study focuses on the increased role of the European Court of Justice through the establishment of a Constitution for Europe and its impact on the balance of power, both horizontal and vertical.</p><p>To do this, the study takes its aims from the research problem, formulated as follows:</p><p>Does the establishment of a constitution for Europe contribute to an increased role for the European Court of Justice and does it create a more legible horizontal and vertical division of power?</p><p>To reach the relevant analyses and conclusions two precise questions are presented as well as an analytical model. The precise questions are:</p><p>• Which are the relevant contributions for the balance of power from a perspective of juridification in the new EU-treaty?</p><p>• What impacts do those contributions have on the so called ‘European federalism’?</p><p>The theoretical perspective of this study is rooted in the concept of federalism with special emphasizes on constitution and sovereignty as well as a part about the process of juridification. Along with the presented analytical model consisting of a horizontal and vertical division of power, the empirical material is presented with focus on the new EU-treaty about a constitution for Europe and the European Court of Justice. By doing this, analyses are made about the changing power of the ECJ and the new EU-treaty from a perspective of division of power, federalism and juridification. Through the establishment of the EU-treaty about the creation of a constitution the ECJ receive a clearer platform to act upon which contributes to a more legible division of power, both horizontal and vertical. This due to the fact that the new EU-treaty will take place as the highest law within the EU, something that the ECJ have the right to interpret. The whole process is also a broader recognition of the process of juridification where judicial power increases on the cost of politics.</p><p>Keywords: Constitution, Division of power, EU, ECJ, Federalism, Juridification, and Sovereignty.</p>

<p>In Russia federalism and the design of federal institutions have been greatly debated topics ever since the beginning of the 1990s. When the newly elected Russian president Vladimir Putin introduced a number of federal reforms in May 2000 it represented the culmination of a debate on federalism that had been triggered by the political and economic crisis of 1998. In many ways these reforms entailed a different perspective on federalism, or in the terminology of this thesis a new “federal paradigm”, from the one that had dominated most of the Yeltsin era. At the same time the relations between federal and regional authorities, often referred to as intergovernmental relations, appeared to become less confrontational and fragmented than before. This work examines this latest stage in the Russian state-building process.</p><p>In particular two elements are scrutinized. The first is the shift of federal paradigms that the federal reforms reflected. Combining organisation theory and historical institutionalism it is argued that the origins of federal paradigm shifts often can be traced to the federal system itself. In Russia the failure of the federal system manifested through the political and economic crisis of 1998 changed many governmental actors’ views on federalism. However, it was not until Putin became president that the new federal paradigm could consolidate.</p><p>The second element concerns the connections between the new federal paradigm and the mode of intergovernmental relations. This work presents the argument that the way in which federalism is interpreted and conceptualised by governmental actors is important for the variation of intergovernmental relations across and within federal systems. Deriving from federal theory and some comparisons with other federal systems it is concluded that the federal paradigm that Putin represented in his first presidential term was on the whole more conducive for coordinate intergovernmental relations, at least in the short term.</p>

Den här studien analyserar olika strukturella faktorer som kan förklara variationen i nettokostnader för räddningstjänst mellan Sveriges kommuner. Studiens syfte är att studera om kommuner med höga strukturella räddningstjänstkostnader blir kompenserade för dessa via det kommunala kostnadsutjämningssystemet eller ej. Undersökningen bygger på regressions- och jämförelseanalys med data för samtliga svenska kommuner över åren 2005- 2011. De variabler som undersöks i studien är något av densitetsmåtten invånardistans eller invånare per kvadratkilometer i kombination med variablerna befolkningsmängd, tätortsgrad och en dummyvariabel som visar om kommunerna är medlemmar i ett kommunförbund för räddningstjänst. Resultatet visar att nettokostnaderna för en genomsnittlig nettomottagande kommun signifikant skiljer sig från motsvarande kostnad för en genomsnittlig kommun som inte erhåller bidrag. Således pekar resultat på att undermodellen kompenserar kommuner som i genomsnitt har höga nettokostnader för räddningstjänst.

The effect of federalism on the development of public policy is a widely debated topic. In terms of environmental policy, this issue assumes greater importance because of the lack of clarity in the constitutional division of powers. It is the purpose of this research to examine environmental impact assessment (EIA) &mdash; one of the higher-profile aspects of environmental policy &mdash; in order to establish how intergovernmental relations in Canada have affected policy and process development in this area. It is hypothesized that unilateral federal action in this policy area contributes to a corresponding increase in the stringency of provincial EIA processes. To test this, a two-step analysis is adopted: first analyzing developments at both the federal and provincial levels from 1985-1995 &mdash; a period which witnessed exceptionally high levels of public concern for the environment and increased federal involvement in EIA &mdash; and second discussing key events and agreements which affected intergovernmental relations and determining whether these related to those developments identified. This research finds that greater federal involvement in EIA was a catalyst for some positive reform at the provincial level, although this result varied significantly between the provinces examined. Based on the evidence gathered, it is concluded that some form of intergovernmental collaboration and competition both have a place in the development of EIA policy and that neither should be pursued as an end in itself.

Since the 1980s, regions have taken a strong interest in EU policy-making and increasingly demanded representation in the process. This has given rise to the concept of multi-level governance (MLG) in EU policy-making, which stipulates that subnational and supranational actors will interact and thus to some extent erode the authority of central governments. However, due to the scarcity of case study research looking at concrete instances of policy-making, a number of questions remain about the extent and the effectiveness of the interaction between regional governments and European actors. In addition, the extent and origins of differences in regional activity across regions and member states remain unclear. This thesis aims to contribute to the MLG debate by developing a theoretical framework with a set of hypotheses about regional activism in EU policy-making on the basis of rational choice institutionalist assumptions. It then investigates how seven legislative regions from four member states (the UK, Germany, Belgium and Austria) represent their interests in two concrete instances of EU policy-making and tests the core hypotheses against these fourteen cases. The thesis contributes to the MLG debate in three ways. Firstly, the principal objective of the thesis is to analyse the impact of different types of domestic intergovernmental relations on the strategies of regions at the European level. It is argued that the level and nature of a region's activity on the European level depends on the opportunities for influence in the domestic European policy-making process and the constraints that domestic rules place on European level activity. Secondly, a number of factors that could account for different levels of regional activity both within and between states are analysed. Domestic conflict and the capacity of a region are found to be particularly relevant for regional mobilisation. Finally, the thesis discusses the relative importance of domestic channels compared to European channels of regional interest representation, thus addressing one of the fundamental questions in the MLG literature. It is argued that unmediated interaction between European actors and regional governments is less common than predicted by the MLG literature, but that it can be effective, especially in cases where regions devise a comprehensive strategy of interest representation.

This is a comparative study of intergovernmental relations in labour market policy in Canada and the United Kingdom (UK) between 1996 and 2006, the first phase of devolution in each country. The study focuses primarily on relations between the central government and a single sub-state in each country (Alberta in Canada and Scotland in the UK) and addresses three research questions: 1) to what extent were there differences in intergovernmental relations between the countries?2) what accounted for these differences? 3) what impact did these differences have on the character and workability of the intergovernmental relations system in each country? Workability was assessed based upon the degree to which trust ties developed between senior officials. The analysis concludes that the structure of the state, the structure of the policy domain, and the presence of two important accommodation mechanisms in the UK not found in Canada (the party system and the civil service) made intergovernmental relations in labour market policy in the two countries fundamentally different. In Canada, intergovernmental relations were multilateral, interprovincial and bilateral, whereas in the United Kingdom they were only bilateral. Despite devolution, the UK Government retained control of most policy levers, whereas in Canada devolution has limited federal control and influence and any notion of a national labour market system. Trust ties were enhanced by consistency between the key players, routinized engagement, reliability, honesty, respect, capacity and willingness to engage, and transparency. Although shared objectives made engagement easier, they were not a prerequisite for a positive relationship. Bilateral relationships that took place within the geographic boundaries of Alberta and Scotland were considered as positive and highly workable. Difficulties arose when relationships became multilateral or bilateral relations were managed at a distance. Despite devolution, multilateral relations in the historically conflicted labour market policy domain in Canada remained competitive, with a low degree of workability. Relationships with respect to disability and immigration issues were more positive. In the UK relationships in the welfare to work policy area were cooperative and highly workable. Relationships in skills and immigration did not fare as positively.

Can institutions successfully reduce ethnic conflict? Institutions such as autonomy and federalism are often advocated as a means to prevent ethnic conflict, however empirical evidence is largely mixed with regards to their effectiveness. In a similar manner, political parties have begun to receive more scholarly attention in determining their relationship with ethnic conflict, but their evidence is also mixed. In this research I examine autonomy, federalism, and the banning of political parties within ongoing ethnic group self-determination movements. While I do not find evidence for a relationship between autonomy and conflict, I do find that federalism increases the likelihood of ethnic conflict. Additionally, the banning of ethnic political parties indicates a strong increase the likelihood of ethnic conflict, while the banning of regional political parties significantly reduces the likelihood of ethnic conflict.

Thesis advisor: Shep Melnick / This dissertation examines the use of coordinated multistate lawsuits by state attorneys general (SAGs) as a tool to create national policy. Entrepreneurial SAGs have increasingly employed multistate litigation against private industry and the federal government, reaching numerous out-of-court settlements and favorable court judgments. These lawsuits have imposed new national regulatory requirements across several policy areas and have challenged regulatory regimes established by Congress and federal agencies. This study investigates three interrelated questions about multistate SAG litigation: (1) how SAGs have used this litigation to achieve national regulatory goals, (2) why this activity has increased over time, and (3) what the consequences are for American politics and policy. Employing both qualitative and quantitative analysis, I examine these questions through two stages. First, I present an analysis of an original dataset containing SAG lawsuits and legal settlements in four key policy areas covering 1980 through 2009. Second, I examine three case studies involving pharmaceutical litigation, air pollution control litigation, and lawsuits against the firearms industry. I find that changes in federal law instituted by Congress and the federal courts have created new opportunity points for SAGs, helping spur a dramatic increase of multistate litigation. The SAGs built upon earlier successful efforts, including their blockbuster settlement with the tobacco industry in 1998, to create new avenues of collaboration among their fellow SAGs, public interest groups, and the private bar. The result has been to substantially alter the regulatory landscape in areas including prescription drug pricing, pharmaceutical advertising, and greenhouse gas emissions. By shedding light on this significant form of "regulation through litigation," this dissertation illustrates how SAGs have seized upon the trend towards adversarial legalism in America by using the courts to achieve policy goals when attempts to do so in other venues fail. This runs contrary to a line of scholarly literature suggesting that litigation and courts have a limited impact on significant social change. This study also demonstrates how American federalism, commonly thought to serve as a restraint on the federal government by diffusing power, can be used by skillful political actors to create more energetic government and stronger national regulation. / Thesis (PhD) — Boston College, 2011. / Submitted to: Boston College. Graduate School of Arts and Sciences. / Discipline: Political Science.

Este é um estudo das relações intergovernamentais entre as três esferas de governo que ocorrem na implantação e implementação da política de saúde no estado do Acre, com o foco na função de coordenação da esfera estadual do SUS na condução dessa política. A investigação buscou identificar como ocorre essa coordenação que envolve transferências de recursos financeiros entre as esferas de governo que são negociados no âmbito do sistema de saúde. A investigação foi centrada na Secretaria Estadual de Saúde e na Secretaria Municipal de Saúde de Rio Branco. Os demais 21 municípios do estado foram estudados nas suas relações com a esfera estadual no seu papel de gestora do sistema de saúde. Foi adotada a estratégia do estudo de caso para caracterizar, descrever e analisar o Sistema Único de Saúde do Acre no período do início da década de 1990 até o final de 2008. Para contextualizar as especificidades do Acre foram estudados os serviços de saúde antecedentes ao SUS. Realizou-se investigação documental, observação sistemática e entrevistas com os principais atores envolvidos com essa política. A implantação do SUS no Acre foi um processo lento com divergências entre as esferas de governo quanto à descentralização dos serviços. Essas divergências eram maiores e retardavam mais o processo nos municípios onde os gestores locais tinham identificações partidárias diferentes do gestor estadual. O processo de implantação da política de saúde no Acre aconteceu em cenários de escassez de recursos financeiros sendo que em alguns momentos os poucos recursos e falhas administrativas causaram graves crises nos serviços. Em 1999, a receita fiscal do Estado do Acre foi de 81,83 milhões de Reais e os gastos com a saúde foram de 97,37 milhões de Reais. Em 2008, a receita fiscal foi de 555,33 milhões de Reais e os gastos com a saúde foram de 373,48 milhões de Reais. Embora pareça um significativo aumento da receita, nesse período houve a descentralização de serviços de saúde para os municípios e os mesmos passaram a receber recursos financeiros da União para sustentarem seus serviços. Tanto na esfera estadual como nos municípios, a sustentação da política de saúde depende dos recursos da União. As relações da esfera estadual do SUS com os municípios passaram por sucessivos conflitos para a descentralização de serviços e no período recente persiste um tratamento desigual da esfera estadual em relação aos municípios / This is a study of intergovernmental relations between the three spheres of government that occur in the deployment and implementation of health policy in the state of Acre, with the focus on the coordinating role of the state sphere of SUS in the conduct of that policy. The investigation sought to identify how this coordination occurs which involves transfers of funds between the spheres of government that are traded within the health system. The investigation was centered on the State Health Department and the Municipal Health Secretariat of Rio Branco. The remaining 21 counties in the state were studied in their relations with the state level in his role as manager of the health system. We adopted the strategy of case study to characterize, describe and analyze the National Health System of Acre during the beginning of the 1990s until the end of 2008. To contextualize the particularities of Acre were studied health services background to SUS. We carried out documentary research, systematic observation and interviews with key actors involved with this policy. The implementation of the NHS in Acre was a slow process with divergent levels of government regarding the decentralization of services. These differences were larger and more retarded the process in the municipalities where local managers had different party identifications of the state administrator. The implementation process of health policy happened in Acre on scenarios of scarcity of financial resources and in some instances the few resources and administrative failures caused serious crises in services. In 1999, tax revenue of Acre was 81.83 million Reais and health spending were 97.37 million Reais. In 2008, tax revenue was 555.33 million Reais and health care expenditures were 373.48 million Reais. Although it seems a significant increase in revenues during this period was the decentralization of health services to municipalities and they began to receive Union funds to sustain their services. Both at the state level as in the municipalities, the support of health policy depends on the resources of the Union\'s relations with the state level SUS municipalities have gone through successive conflicts for the decentralization of services and in the recent period there remains an unequal treatment of state level in relation to municipalities

O objetivo deste trabalho é analisar as propostas de reforma liberais democráticas de Rui Barbosa durante as décadas finais do Império e as décadas iniciais da Primeira República. Em particular suas propostas de reforma eleitoral, do ensino, do elemento servil, do federalismo, e da Constituição de 1891. A estratégia de análise consistiu em demonstrar que suas propostas de reforma estavam dialogando diretamente com o contexto histórico-político do país e também com a trajetória intelectual do proponente, isto é, quando Rui apreciava estas questões, o fazia sempre balizado pelo ideário liberal. Esse caminho analítico permitiu rever a avaliação tanto dos críticos que o idolatravam, bem como daqueles que o taxavam de idealista descolado da realidade. Ao mesmo tempo, foi possível demonstrar que Rui Barbosa não adotava necessariamente e de modo integral os princípios liberais, sem a preocupação de adequá-los aos propósitos do seu projeto político de construção de uma sociedade liberal democrática. Tais procedimentos permitiram apresentar como conclusão que as propostas reformistas de Rui Barbosa estavam atentas ao contexto histórico-político ao qual elas visavam alterar. Outrossim, no momento republicano, foi possível demonstrar uma guinada no pensamento de Rui, quando ele começou a constatar que as reformas institucionais mostravam-se insuficientes para implantar um regime democrático liberal, o que não significava que ele julgasse inadequada a transplantação de instituições liberais exógenas para o ambiente brasileiro. O político baiano pensava que, ao lado da implantação dessas instituições, deveria ocorrer uma mobilização para moralizar e educar a população. / This work purports an analysis of Rui Barbosa\'s proposals for liberal and democratic reforms along the final decades of the Brazilian Empire and the beginning decades of the First Republic. More specifically, its focus is on his proposals for electoral and educational reform, as well as reforms for slave emancipation, reforms of federalism and of the Constitution of 1891. The analytical approach adopted allowed to demonstrate that his reform proposals were directly engaged with the then current political landscape in the country and also with the proponent\'s own intellectual trajectory, meaning that Rui Barbosa\'s appreciation of those issues was informed by 19th century liberal ideology. This analytical approach made it possible to put into a new perspective both the appraisal of his apologists and the criticisms from those who considered him an idealist detached from reality. At the same time, this analysis allowed some specificities to surface, showing that Rui Barbosa did not always follow liberal thought integrally. He was careful in adapting liberal principles to his intent of giving shape to a liberal democratic society. The research findings led to the conclusion that the reformist proposals of Rui Barbosa were up-to-date with the social-political context they aimed to change. Thus, the analysis revealed that a turn in Rui Barbosas thought in the republican period seems to suggest his realization that the previous institutional reforms had shown insufficient for the implementation a liberal democratic regime, though this did not mean that he judged inadequate the importation of exogenous ideas to the Brazilian environment. The politician from Bahia thought that the implementation of such institutions should be accompanied by a mobilization aiming at moralizing and educating the population.