Formal and Informal Institutions under Codecision: Continuous Constitution-Building in Europe – with Adrienne Hèritier

Current approaches examining the effect of institutions on policy processes have difficulty in explaining the results of the legislative process of codecision between the European Parliament and Council within the European Union. The formal Treaty changes that gave rise to codecision have, in turn, given rise to a plethora of informal institutions, in a process that is difficult to understand using dominant modes of analysis. This article provides a framework for analyzing the relationship between formal and informal institutions, showing how the two may be recursively related. Formal institutional change at a particular moment in time may give rise to informal institutions, which may, in turn, affect the negotiation of future formal institutions. The article applies this framework to the codecision process, showing how the codecision procedure has led to the creation of informal institutions and modes of decision-making, which have affected subsequent Treaty negotiations. Through strategic use of the relationship between formal and informal institutions, the European Parliament has been successful in advancing its interests over time and increasing its role in the legislative process.

Henry Farrell and Adrienne Hèritier (2003), “Formal and Informal Institutions under Codecision: Continuous Constitution-Building in Europe,” Governance, 16, 4:577-600.

Access the full article here

Other Writing:

Chapter in an Edited Volume

“Global Institutions without a Global State,” in the Oxford Handbook on Historical Institutionalism – with Martha Finnemore – eds. Orfeo Fioretos, Tulia Falletti and Adam Sheingate

Historical institutionalism has not yet grappled with the deeper intellectual challenges of “going global.” Understanding international, particularly global, institutions, requires attention to and theorizing of a global social context, one that does not rely on a national government in the background, ready to enforce laws and rules. It also requires theories about the global organizations ...
Read Article
Chapter in an Edited Volume

“Collective Goods in the Local Economy: The Packaging Machinery Cluster in Bologna,” Local Production Systems in Europe: Reconstruction and Innovation – with Ann-Louise Holten – ed. Colin Crouch, Patrick Le Galès, Carlo Trigilia and Helmut Voelzkow

The debate about the industrial districts of central and north-eastern Italy has evolved over the last 25 years. Initially, many saw them as evidence that small firms could prosper contrary to the arguments of the proponents of big industry. Debate focussed on whether small firm industrial districts had a genuine independent existence, or were the ...
Read Article