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:

Academic Article

Analytical Democracy: A Microfoundational Approach – with Hugo Mercier and Melissa Schwartzberg

Henry Farrell, Hugo Mercier and Melissa Schwartzberg (2023), “Analytical Democracy: A Microfoundational Approach,” American Political Science Review. 117,2:767-772. A prominent and publicly influential literature challenges the quality of democratic decision making, drawing on political science findings with specific claims about the ubiquity of cognitive bias to lament citizens’ incompetence. A competing literature in democratic theory ...
Read Article
Interview

“Panopticons and Chokepoints,” an interview with Richard Byrne

A new view of international relations puts global networks – and how they can be weaponized – at its center. What’s the future of regulation in this new landscape? “The debate we see at the moment is never going to be about trade and open markets in the same kind of way anymore,” says Farrell. ...
Read Article