Governance

FSI's research on the origins, character and consequences of government institutions spans continents and academic disciplines. The institute’s senior fellows and their colleagues across Stanford examine the principles of public administration and implementation. Their work focuses on how maternal health care is delivered in rural China, how public action can create wealth and eliminate poverty, and why U.S. immigration reform keeps stalling. 

FSI’s work includes comparative studies of how institutions help resolve policy and societal issues. Scholars aim to clearly define and make sense of the rule of law, examining how it is invoked and applied around the world. 

FSI researchers also investigate government services – trying to understand and measure how they work, whom they serve and how good they are. They assess energy services aimed at helping the poorest people around the world and explore public opinion on torture policies. The Children in Crisis project addresses how child health interventions interact with political reform. Specific research on governance, organizations and security capitalizes on FSI's longstanding interests and looks at how governance and organizational issues affect a nation’s ability to address security and international cooperation.

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Joan Ramon Resina
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With Spain as the current hotspot in the European financial crisis, it is easy to lose sight of the broader features of the Spanish predicament, which, I submit, was political and cultural before it emerged as financial. One reason for the dramatic escalation of the risk premium on Spanish bonds is the government’s low credibility - itself the consequence of a heady mix of self-contradiction, lack of transparency, and downright lying. On November 20, 2011, after years of corrosive opposition, Mariano Rajoy rose to the presidency of the government on assurances that he understood the crisis and knew how to handle it.  He now feels trapped in a situation he cannot control, not least because much of the damage is of his own party’s making. To be sure, the socialists contributed mightily to the public debt, exacerbated it by denying the crisis when it was already in evidence, and worst of all, did not act to control the housing bubble, which left in its wake banks filled with toxic assets and a severe credit crunch. But at the root of the housing and mortgage bubble were the dangerous liaisons between the banking system and regional governments such as those in  Madrid and Valencia, that have long been steeped in the Partido Popular’s reckless politics and corrupt practices (epitomized by Bankia’s lurid ambitions and costly rescue.)

The banking crisis is dragging down the Spanish economy and bringing the country’s financial structure into uncharted territory. This is a seemingly paradoxical outcome for a country that a few years back boasted a positive balance and a higher growth rate than its neighbors. What happened to upend the triumphant rhetoric of presidents Aznar and Zapatero? To a certain extent the markets appear to have overreacted, and their knee-jerk response to rising debt caused in part by investors’ demand for higher interest on Spanish bonds threatens to bring about a self-fulfilling prophecy. Before the market developed these jitters however, Spain’s public debt was in fact lower than Germany’s, even as the latter functions as the basis against which the financial risk of other countries is measured. In the last week of June 2012, the distance between Spain's and Germany's debt risk was 504 basis points, while that between the US and Germany was only 13. In relation to GDP however, Spain’s public debt remains significantly lower than that of the U.S. At the end of 2011, Spain’s public debt was 68.5% of its GDP, while the US’s was 110.2%.  In spite of this, the US continues to have no trouble financing its debt, and the American dollar has been rising in recent months and continues to be regarded as a safe haven, while the euro is at risk.

Why all the fuss about Spain? The answer lies in a combination of causes.  In the first place, there is the big hole punched into Spanish banks by the large-scale default on loans irresponsibly pushed on overly optimistic borrowers; and then there is the unlikelihood of an economic recovery vigorous enough to guarantee the debt’s financing. Saddled with debt, subjected to salary cuts, and adrift in a dwindling job market, Spanish consumers will hardly be able to fuel a meaningful recovery for some time.  At present, the combined debt ofSaish families is nearly 100% of national GDP. Corporate debt is even larger. And it is not the private sector alone that is stuck. The loss of confidence also affects the Bank of Spain. For a long time the country’s central banking authority turned a blind eye to the bad lending practices of private institutions, and so it shares the blame for the illusion of an ever-expanding and ever-appreciating housing sector. When the fantasy receded, thousands of families, as well as the owners of small and middle-sized companies, were left stranded in a financial desert; and once the economy actually began to shrink, the government increasingly lost its ability to finance the debt.

Is Spain at risk of leaving the Eurozone? While this cannot be ruled out, it is unlikely. The possibility of going back to the peseta is precluded by the fact that foreign, mostly German and Chinese, investors, whose money helped pump up the housing bubble, now make up the bulk of Spain’s creditors. They will hardly sit by and allow Spain to devalue its way out of the mess. Although he dragged his feet, Rajoy has finally applied to Brussels for rescue funds and will submit to European oversight.  The proposed solution will undoubtedly involve further dismantling of services, salary cuts, and higher unemployment.  This is a bitter pill that will test Spain’s already shaky social cohesion. Rajoy will dispense it because he has no alternative, or rather because the alternative—letting the sick banks fail instead of nationalizing their losses—is not acceptable to the financial markets. Adding to the markets’ nervousness is the fact that Rajoy has proven to be singularly maladroit at administering the medicine.  This is where politics and culture come into the picture.

Spain’s troubles go back to the origin of its current regime in the late 1970s. They are rooted in a faulty transition that was expected to convert a country without democratic traditions into a full-fledged western democracy. But today all of Spain’s core institutions have fallen into disrepute: after years of covering its scandals, the monarchy has finally disgraced itself irreparably; the Supreme Court is affected by corruption at its core; the president of Madrid's regional government (a militant and vocal member of the extreme right wing of the Partido Popular) is calling for the dissolution of the Constitutional Court (i.e. for a return to undisguised authoritarian rule); and the tone of the debates in Congress could hardly fall to a lower level. Spanish democracy is ailing, but for anyone who has observed it with attention since its inception, the confirmation of what was once merely an inkling can hardly be cause for surprise.

In the 1970s, Spain’s bid for democratic legitimacy and admission to the European Community required the restoration of Basque and Catalan self-government, which Franco had suppressed. At the time, the provision of institutional guarantees for these nationalities was seen as a requirement of justice meant to correct decades of persecution. The Basque Country and the semi-Basque region of Navarre emerged from the transition with an important privilege. They collect their own taxes. From this revenue they transfer an amount to Madrid and use the rest as they see fit. Fiscal independence in the hands of a responsible government led to a clear improvement in the Basque standard of living and, and, not incidentally, to a certain insulation from the current crisis. Catalonia, with a larger economy, was denied that privilege. In fact the opposite occurred: its economy was made hostage to a state that, under the pretext of redistribution, severely impaired its growth and development.  Since Franco’s death, Catalonia’s leading position within Spain and its capacity to compete globally (it still accounts for 25% of all Spanish exports) have been eroded through an unfair fiscal burden and hostile decisions in matters of territorial development. Year after year, Spain’s government has defaulted on the execution of public works approved for Catalonia in the former's budget, thus retarding the latter's modernization and straining its finances to the breaking point.  Rajoy’s government will not even honor the state’s appropriations for Catalonia mandated by current fiscal law. In a display of cynical reason, the central Spanish government now blames regional governments for Spain’s public debt, obscuring the fact that the combined debt of the 17 autonomous communities is only 16% of the total, while that of the central government accounts for 76%. The remaining 8% is municipal debt. By shifting the responsibility for the crisis to the regional governments, Rajoy is patently using the current emergency as an opportunity to dismantle the structure of regional autonomy enshrined in Spain's current constitution.  The result of course would be to abrogate the limited degree of self-government that Spain only grudgingly conceded to Catalonia in the former's hour of democratic need.

As usual, propaganda is based on plausibility. It is true that Spain’s system of regional governments is costly, and a revision is long overdue. Most autonomous communities were invented ad hoc by the central government for the purpose of generalizing the autonomy principle and dissolving Catalonia’s historic claim to autonomy within a so-called “autonomous common regime” that as popularized at the time as “coffee for all.”  While history required the articulation of a state with two or three autonomous regions based on tangible cultural differences, Madrid’s politicians created 17 “autonomous communities” by administrative fiat. And since Madrid was unwilling to slim down the state’s bureaucracy, parallel administrations were created, adding to the cost of government. Since the beginning, the unwieldy system of “autonomous governments” was financed through the transfer of funds from the most productive to the least productive regions with a regularity and volume that ended up crippling the donors. These have been, with predictable monotony, the regions on the Mediterranean seaboard that possess a distinct culture and language: Catalonia, Valencia, and the Balearic Islands. So striking is the fiscal imbalance that for decades Spanish governments have refused to publicize the figures, even though this refusal constitutes the violation of a standing congressional order to make them available. But how the cookie crumbles is made evident by the president of Extremadura’s admission that a new fiscal deal for Catalonia would be catastrophic for his region. Catalonia suffers from a political paradox. As a “wealthy region” in a “poor country,” it never benefited from the European structural and cohesion funds of which Spain was the largest recipient, but instead became a net contributor on a level higher than France. Economists calculate that the Catalan fiscal deficit, that is, the percentage by which taxation exceeds allocations, rests anywhere between 8 and 10% of Catalonia’s GDP (roughly $20 billion annually for a region of 7,000,000 people.) Over time, the magnitude of such siphoning of resources impacts an economy, leading to obsolescent infrastructure, the impoverishment of the service sector, the deterioration of the educational system, and the inevitable loss of competitiveness. Catalonia’s public debt in 2011 was $52 billion, approximately 20.7% of the Catalan GDP. Two and a half years of a balanced fiscal relation with the rest of Spain would have sufficed to mop up all Catalan public debt.

Spain’s troubles were political before they became financial, but politicians will not resolve them. The country needs to be further integrated into the European structure through a common fiscal policy and a commonly regulated banking system; more importantly however, Spain needs to be politically accountable to Brussels and meet European standards of justice and democratic procedure.  This would do much to bring about economic rationality. A country on the brink of default cannot afford to build unprofitable fast-speed trains to provincial destinations, boondoggle expressways in a radial system stemming from Madrid, or airports without air traffic.  Nor should it insist on an extravagant freight train route that requires drilling through the thick of the Pyrenees instead of building a cheaper and commercially sensible coastal itinerary, a plan that, without Brussels' better judgement, the Spanish government would have rejected for the ostensible purpose of isolating Barcelona’s harbor, the busiest in Spain.  The senseless megalomania and castigation of specific territories cannot be explained along traditional ideological lines — such projects have been developed by socialists and conservatives alike — but by long-term cultural continuities. The recent bout of megalomania was buoyed by billions in structural funds, while the territorial grievances, notorious to anyone who is conversant with Spanish history, went on as before, shielded by Spain’s membership in the core Western institutions.

Spain would gain much from trading sovereignty for rationality, and from being forced to invest for economic rather than merely symbolic payoff. A dishonored monarchy, a politicized justice, and a corrupt party system are as much toxic assets as those the banks hold, and if intervention is inevitable, the discipline mandated from outside ought to touch the country to the quick. If and when Brussels decides to put the Iberian house in order, it ought to recognize which administrations have practiced fiscal restraint and are capable, under good governance, of meeting European standards. Spain could well be the last ditch of the European monetary union and of the political union itself. But timely political reform in Spain could be the last opportunity not only to keep the country within the EU but also to hold it together as a meaningful political project.

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Jamie Shea's essay "Keeping NATO Relevant" appearing in the Carnegie Endowment for International Peace April 2012 edition of Policy Outlook offers a comprehensive, thoughtful, and - given the 20-21 May NATO Summit in Chicago - timely discussion of the Alliance's future.

Shea, currently the Deputy Assistant Secretary General for Emerging Security Challenges, is one of the most experienced and articulate senior officials assigned to the NATO International Staff.

During my own posting to NATO Headquarters in Brussels from 2007 to 2009, I was consistently impressed with Shea’s ability to make clear the Alliance’s strategic vulnerabilities and opportunities.  He has done this in spades in “Keeping NATO Relevant.” 

As the NATO mission in Afghanistan transitions from one of large scale combat to that of limited training assistance, Alliance leaders must look to the future and better define the organization's purpose.  The author identifies and covers the relevant issues well - threat assessment, tasks, required capabilities, degree of reliance on the United States, and the role of partnerships between NATO and other countries.

A fiscally constrained United States will need to rely on its alliance partners even more in the post- Iraq and Afghanistan era.  Foremost among these alliances is NATO.  I commend Jamie Shea's article to those interested in better understanding its limitations and potential.

Karl Eikenberry is the Freeman Spogli Institute for International Studies Institute Payne Distinguished Lecturer and research affiliate at The European Center .  He was the Deputy Chairman of the NATO Military Committee from 2007 to 2009.

 

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Propelled by the need to develop new and more productive avenues of communication among scholars and policy-makers based in Europe, North America, and the Middle East, in 2010 the Europe Center at Stanford University’s Freeman Spogli Institute for International Studies and the Van Leer Jerusalem Institute agreed to launch the multi-year collaborative project titled "Debating History, Democracy, Development, and Education in Conflicted Societies." Our joint initiative aims to promote research and policy projects with partners in Europe, the U.S., and the Middle East.

Viewed in an international context, with a focus on Europe and the Middle East, this collaborative project investigates how societies debate internally and attempt to reconcile differences of historical interpretation and political positions.  The first conference took place at the Van Leer Jerusalem Institute, and was dedicated to “Democracy in Adversity and Diversity” (May 18-19, 2011). Topics for the conference included democracy in comparative perspective, political reform, the notion and strategies of democracy promotion, regime transition, negotiating religion and democracy, immigration challenges, minorities and East-West relations, emergence or recovery of civil society, the role of non-governmental organizations in democratic societies, and human rights. 

The next conference, at Stanford University May 17-18, 2012 aims to deepen our understanding of the interplay between history and memory. Given the extensive discussion of memory and history across a variety of disciplines in recent decades, we would like to take stock of our current understanding of the concepts of memory and history as they affect society, politics and culture.  At the same time we wish to examine in what ways insights gained in the course of this cross-disciplinary and global discussion may be effective when considering the circumstances of the Middle East, especially the Israeli-Palestinian conflict. We are inviting new, innovative approaches to the study of memory and history as they affect different societies. We especially welcome contributions that engage the concepts of memory and history comparatively. Our goal is to advance beyond restating examples of conflicts between versions of history, and to seek new paths of research that may further the work in various cases, and also potentially offer guidance for engaging particular international and civil conflicts.

The questions that we seek to address at the conference include, among others:

  • How do we understand the historians’ role and engagement in political and cultural conflicts about the past and present?
  • What are the historians’ responsibilities in developing shared narratives about war, civil conflict, occupation, and genocide?
  • How do we understand the relation between the work of professional historians and that of civic society organizations?
  • How do we understand the roles and interplay of history and memory in efforts towards reconciliation?
  • How should one think about the relative importance of historical commissions and truth commissions in “coming to terms with the past.”
  • What is the relationship between the historian’s work on international and domestic conflict and that of judicial institutions?
  • How do efforts in post-conflict situations to reach accurate assessments (“truth”) of the events meet the needs of healing social, ethnic, and/or religious wounds (“reconciliation”)?
  • How do we understand the effectiveness, necessity, and/or legitimacy of remembering and forgetting in models of reconciliation?
  • What are the consequences and meaning of actions of forgiveness, including the formal granting of amnesty? Do these actions conflict with the writing of history?

The conference committee consists of Norman Naimark (Core faculty member of The Europe Center at the Freeman Spogli Institute for International Studies and the Robert and Florence McDonnell Professor in East European Studies at Stanford), Yfaat Weiss (Director, The Franz Rosenzweig Minerva Research Center for German-Jewish Literature and Cultural History at Hebrew University of Jerusalem), Gabriel Motzkin (Director, The Van Leer Jerusalem Institute), and Amir Eshel (Director, The Europe Center and Edward Clark Crossett Professor of Humanistic Studies at Stanford).

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Roland Hsu
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Across France and the French overseas domains and territories, voters are going to the polls, and their level of dissatisfaction is surpassed only by the height of what is at stake for France, Europe, and US international policy.

The Europe Center invites the Stanford and area community to join us Friday, May 4th, for a roundtable discussion on the upcoming French elections.    (Sign-up here [link]).  Three analysts from different fields of expertise – Arthur Goldhammer, Laurent Cohen-Tanugi, and Jimia Boutouba – will discuss the election and its wider context.  The Europe Center is timing this public event  for the eve of round 2, with much to analyze from round 1, and policy options to consider for the impending winner.

Round 1 (April 22) results:

  • François Hollande: 28.6%
  • Nicolas Sarkozy 27.2%
  • Marine Le Pen 17.9%
  • Jean-Luc Melenchon 11.1%
  • François Bayrou 9.1%
  • Five other candidates 6.1%

Speculation during the two-week interim period between round 1 and 2 will focus on the leader of the far-right Front National – Marine Le Pen, who took her party to its highest vote tally in modern memory.  How will the two remaining candidates vie for these voters who were apparently preoccupied with a perceived threat from immigration, cultural dilution, and security?  Especially in the wake of the recent tragic violence in Toulouse, candidate Sarkozy courted such far-right voters, but candidate Hollande vociferously chastised the tactic as capitalizing on the tragedy.

Available opinion surveys note widespread disenchantment with incumbent President Nicolas Sarkozy, who has put his personal stamp on Euro-zone rescue and recovery and alliance with German Chancellor Angela Merkel, but who has failed to deliver such reform, stability, or growth in France.  President Sarkozy has also raised the profile of France and its international policy on the Afghan international peace-keeping force, as well as the Arab Spring and most recently international effort to enforce a cease fire in Syria.

French voters also express disappointment with Socialist candidate François Hollande, frequently labeling him and his party as vaguely center-right and having abandoned a clear commitment to the party’s traditional platform of equality and social justice.
Interest – and survey support – grew in the run-up to the first round of voting for the candidate Jean-Luc Mélenchon, who brings a background as a teacher and self-identified Trotskyite, to lead the party Front de Gauche – a loose coalition of ex-Communists, environmental left, and the rough equivalent of U.S. “99%” movement.  

What did not happen this year was to have an “alternative” candidates from what are seen as the edges of ideological spectrum can win enough votes to edge out Sarkozy or Hollande and survive to the second round – as happened in 2002 when Jean-Marie Le Pen (father of Marine) out-placed the Socialist Lionel Jospin, to make it to the second round, and effectively compel center-left Socialists to hand the election to Jacques Chirac.
***************


The French presidential election is organized to accommodate two rounds.  The first round took place Sunday, April 22.  Because no candidate won more than fifty percent of the vote, there will be a run-off election of the top two candidates, on Sunday, May 6.
Basic facts of the structure of the French Presidential election are at:
http://www.heraldtribune.com/article/20120420/API/1204200768?p=1&tc=pg

Latest blog entry by Arthur Goldhammer: http://artgoldhammer.blogspot.com/

Opinion poll results from the leading agency Ipsos Public Affairs are updated frequently at: http://www.ipsos.fr/presidentielle-2012/index.php

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Visiting Professor, The Europe Center
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Joxerramon Bengoetxea (PhD, Edinburgh) is Professor of Jurisprudence and Sociology of Law at the University of the Basque Country (UPV/EHU).  Courses taught include “Philosophy and Sociology of Law”, European Law (free movements and cohesion policy) and “Comparing Legal Cultures” at the International Master in Sociology of Law at the Oñati Institute, which he coordinates together with the Doctorate in Sociology of Law. He is a member of the Academic Board of the “Renato Treves” International Phd in Law and Society.  While at Stanford, Professor Bengoetxea will be teaching the course "Cultural, Legal and Constitutional Pluralism in Europe" at the School of Law. This course raises interesting political, legal, socio-legal, comparative and jurisprudential questions following from phenomena like Muslim law, national minorities, the Roma, and other sources of diversity in Europe, and their challenges to supranational outlooks adopted at the two major European Courts.

Professor Bengoetxea’s publications include The Legal Reasoning of the European Court of Justice (Oxford University Press, 1993), Zuzenbideaz. Teoria kritiko trinkoa (On Law. A Compact Critical Theory, 1993) 500 page textbook on Jurisprudence (Sociology of Law, Comparative Law, Legal Theory and Political Philosophy) in the Basque language (the first original work on law produced in Basque), and La Europa Peter Pan. El constitucionalismo europeo en la encrucijada (2005) IVAP.  In addition he has edited several books and published over 140 articles or book chapters in law reviews, journals, collective editions and readers dealing with issues of legal reasoning and legal theory, EC law and institutions, regionalism in the EC, comparative law, political philosophy (theory of nationalism and of European integration).

Professor Bengoetxea's areas of interest include Legal Reasoning and Legal Theory, Comparing Legal Cultures, cultural and legal pluralism, the European Court of Justice, institutional-constitutional EU law: the legal theory, general principles, human rights, citizenship and multilingualism and European integration and the theory of State and Nation. 

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