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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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 ...
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Chapter in an Edited Volume

“Trust, Distrust, and Power” in Distrust – ed. Russell Hardin

The so-called “encapsulated interest” account of trust, developed by Russell Hardin together with other interested scholars, draws together an important body of thought about trust and its meaning in social and personal relations.1 Trust, under this account, involves considered expectations about the interests of others to behave in a trustworthy manner. Some scholars argue that ...
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