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.

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Chapter in an Edited Volume

“Privacy in the Digital Age: States, Private Actors and Hybrid Arrangements,” in Governing Global Electronic Networks: International Perspectives on Power and Policy – eds. William Drake and Ernest Wilson

Privacy has emerged as a key regulatory issue in the wake of the information and communications revolution. New technologies have brought new problems; they have made it more difficult for individuals to maintain their privacy (or for other actors to protect it on their behalf), while also giving rise to complex issues of global regulation. ...
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Interview

The Silicon Valley canon and malformed publics: Podcast with Max Read and John Ganz

Bringing this all together, the technologies through which we see the public shape how we understand it, making it more likely that we end up in the one situation rather than the other. As you have surely guessed by now, I believe Twitter/X, Facebook, and other social media services are just such technologies for shaping publics. ...
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