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

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While an economy is always ‘embedded’ in society, the relationship between the two is undergoing profound changes in Europe, resulting in widespread instability which is emphasised by the current crisis. This book analyses these changes, and in particular pressures of intensifying international competition, globalization and financialization within Europe. Henry Farrell, “Social Institutions among Economists in ...
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Essay

Even the Intellectual Left is Drawn to Conspiracy Theories about the Right. Resist Them with Steven Teles

It’s always hard in politics for people to take their opponents’ views seriously, but it’s become ever harder in Trump’s America. People are more engaged with politics, but only because they want to beat the other side, not understand it. This means scholars have a greater responsibility than ever to help ordinary citizens understand how ...
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