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Association: Name: The Midwest Political Science Association URL: http://www.indiana.edu/~mpsa/
Citation: URL: http://www.allacademic.com/meta/p82985_index.html Direct Link: HTML Code:

Jozwiak, Joseph. "Open Skies? The EU, the US and Civil Aviation Liberalization" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 15, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p82985_index.html>

Jozwiak, J. F. , 2004-04-15 "Open Skies? The EU, the US and Civil Aviation Liberalization" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p82985_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Open Skies? The EU, the US and Civil Aviation Liberalization Much has been written on the impact of Europeanization member state policymaking, the majority of it suggesting a two-way accommodation between national policies and administrative structures and the results of the EU legislative process (Héritier, et. al. 2001; Thatcher, 2001; Montpetit, 2000; Levi-Faur, 1999; Rometsch and Wessels, 1996). However, scant attention has been given to an emerging trend in the European Union, the increasing number of Aeuroagencies.@ Through these agencies the Commission has sought enhanced oversight responsibility, refusing to rely solely upon member states for the implementation of legislation. The European Environment Agency (EEA) is one early example, created to work on environmental initiatives and problems from an EU-wide perspective. However, the few academic assessments of the EEA and other Aeuroagencies@ done generally downplayed their significance and potential (Shaprio, 1997; McGowan and Wallace, 1996; Watertown, 1996). In the past few years, the Commission has initiated several proposals for new oversight agencies, largely in response to various EU-wide Acrises.@ These institutional responses include a European Food Agency, a Fisheries Inspectorate, and the AEurojust,@ an agency which would be responsible for coordinating activities related to the criminal justice system. As part of its AOpen Skies@ proposal, the Commission has pushed for the creation of a European Aviation Safety Authority (EASA), idealized as operating in much the same way the US Federal Aviation Agency. This proposal is part of the Commission=s response to a decade long dispute between the Commission, the member states, and civil aviation industry; a dispute intensified by both the September 11 attacks and an in-flight collision between two aircraft in the summer of 2002. The creation of AOpen Skies@ over the EU would increase the competencies of the Commission in a functionally specific way, spur integration through the establishment of EU-wide rules governing civil aviation, and allow the Commission to represent the EU at the global level through its representative function in the major international organization overseeing aviation. The Commission has an important ally in the European Court of Justice (ECJ), and as Alter (1998) has argued, the Commission and the ECJ have worked together in the past to expand the scope of their competencies, as both have common interests in developing and enhancing the powers of supranational institutions. Working together, both have been able to carve out more autonomous roles, allowing supranational endeavors that limit the maneuverability of the member states, either individually or as a collective (Weiler, 1991; Alter, 1993, Burley and Mattli,1993; Alter 1998; Mattli and Slaughter, 1995, 1998; Stone Sweet and Caporaso, 1998). The paper will argue that the Commission, with the assistance of crucial rulings by the ECJ, has acceded to the desires of the member states and the air carriers for liberalization in the hopes of spurring efficiency through its initial offerings of negative coordination (Scharpf, 1997). However, the Commission is positioning itself for future positive integration by positioning itself both institutionally and legally to be a stronger regulatory body in the future.

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