European Legal Networks in Crisis
In 2010, the sovereign debt crisis erupted in the European Union (EU) and continues to raise critical questions about the macro-economic governance structure of the EU. The Eurozone crisis impacted not only financial stability, but also confidence in the EU system of governance. Reform of the Economic and Monetary Union (EMU) regulatory and institutional structure as well as member states fiscal positions have been contentious issues. Key changes have been the creation of various financial mechanisms which are anchored in hybrid legal arrangements as well as the reconstruction of Europe’s sovereign debt markets in a bid to avoid future bailouts. This proliferation of legal instruments and regulations has been dubbed ‘juridification’ – i.e. legal formalization – of European economic governance, and has been intensely debated in legal circles (Dawson & De Witte 2013; FIDE 2014; Amtenbrink, 2014; Biebricher 2016).
The role of law in European integration has been significant, from the first narratives of the constitutionalisation of the Treaties through the CJEU’s case law (Weiler, 1991), to the positive feedback loops created by the preliminary reference tool connecting national courts to the CJEU in legal dialogue (Sweet & Sandholtz, 1997; Stone Sweet, 2004). Essentially, this is a story of how law played a role in the institutional construction of the European Union. However, there is similarly a large literature on the role of European legal actors conceived in terms of Bourdieusian fields (Cohen, 2010; Cohen & Vauchez, 2007; Madsen, 2011, 2015), as well as recent conceptions of ‘weak fields’ of European law and EU studies (Mudge & Vauchez, 2012; Vauchez, 2008, 2011) in the construction of EU governance via theorizations of its essential structure. More fundamentally, the weak fields of EU law have seen legal actors and law take central roles in the palace wars (Dezalay & Garth, 2002, 2011) of Europe building and the construction of various scales of European governance (Mudge Vauchez, 2012). This weak field of law means that at the EU level, the boundaries between politics, bureaucracy and law are blurred, as EU legal actors fill structural holes (Burt 1992) in the spaces between these fields. However, in the area of economic governance, EU law has been very much absent, mainly because economic policy has been left to the member states with the aim of economic coordination while state-financing has been left to financial markets. With the advent of the Eurozone crisis, the lack of expertise needed to deal with issues of economic policy and sovereign debt has given rise to novel constellations of legal and policy professionals struggling over how to construct a comprehensive policy response, reflected in the jumble of legal mechanisms and regulations, such as the EFSF, EFSM, ESM, Fiscal Compact, Six-pack, Two-pack etc. some of which are based in different jurisdictions and arranged as legal hybrids (international public law, private law, EU law, etc.). These constructions have led to multiple court cases, with claimants seeking annulment of various policy programmes and compensation for non-contractual liability on the part of EU institutions. To examine this process, I posit the question: how do policy and legal professionals enable and consolidate solutions to deal with unfolding crises. By anchoring my analysis in the boundary work of various actors in the space between politics, law and economics, I look at how legal forms and techniques are used in the palace wars of building a European economic governance structure during the Eurozone crisis and how small networks of experts become dominant and exert control over crisis areas, and finally how the Court of Justice of the EU has to legitimate the crisis policy response and locate political and legal responsibility for it.
Field study of legal and policy professionals.
Legal and policy professionals enabled solutions by strategically interpreting legal rules to
accommodate financial and political preferences (boundary calibration). In some instances these
interpretations were seemingly in violation of EU jurisdiction and competence, so they had to move
into another jurisdiction to construct a solution (boundary object construction) thereby giving it a
different legal form based on that jurisdiction, namely, public international law. Moving between
jurisdictions raised issues of legitimacy and accountability for the EU legal professionals, so they
consolidated these solutions by explicitly referring to EU jurisdiction and competence in provisions
inserted into the non-EU legal instruments (cross-boundary linking), thereby entangling the
jurisdictions with each other. This links the jurisdictions to create compatibility and consistency
between two legal structures, the EU legal order and the ESM legal order, but also blurs the
boundaries between the jurisdictions; and thus the legally constituted authority of each contaminates
the other, making it ambiguous as to the accountability of EU entities operating in the ESM legal
order. Hence, the many court cases that sought to clarify this accountability. Notably, the Ledra
Advertising judgement asserted that the Commission and the ECB are accountable under EU law when
it operates under the ESM legal framework (boundary overlapping).
In ensuring the certainty of the rule of law for citizens in the European Union, as well as ensuring the stability of the macro-economy, political authority over the macro-economic governance needs to be better understood. Otherwise tensions caused by uncertainty, especially when different political actors with diverging interests capitalise on this uncertainty, can lead to further fragmentation of the European Union as well as self-reinforcing political echo chambers, which ends with ineffective governance and instability.
Nov 2016 – Sep 2017 Université Libre de Bruxelles, Belgium
Oct 2017 – Aug 2018 Copenhagen Business School, Denmark
Sep 2018 – Feb 2019 McKinsey & Company, Brussels, Belgium
Mar 2019 – Oct 2019 Université Libre de Bruxelles, Belgium
Degrees & Titles
M.Sc. International Business and Politics, Copenhagen Business School, 2016
B.Sc. Business Administration and Sociology, Copenhagen Business School, 2014
Editor, The Universal Human Rights Journal for students, Feb 2015 – Present
Research Assistant, Copenhagen Business School, June – Oct 2016
Student Research Assistant, Copenhagen Business School, July 2015 – May 2016
Proofreader of PhDs and scientific articles, for Copenhagen Business School, University of Copenhagen, Roskilde University, Aarhus University, Nov 2012 – Feb 2016
Guest Lecturer, University of Copenhagen, March 2014 – June 2015
Student Instructor in International Political Economy, Copenhagen Business School, Sep 2014 – Dec 2014
Student Research Assistant, Copenhagen Business School, Feb 2014 – Sep 2014
I was born in Johannesburg, South Africa in 1985 to a South African mother and a Danish father. Growing up in Johannesburg was fascinating, difficult and beautiful, especially given South Africa's transition to democracy in 1994 with the election of Nelson Mandela. My childhood was comfortable, but punctuated with experiences that gave me a view into the socio-economic challenges and political tensions that a nascent democracy must confront as well as the subsequent integration of many different societal groups. This process has been successful in some ways, for example, an expanding middle- and upper-class as well as the emergence of an eclectic and wonderfully vibrant culture; but it has been challenging in other dimensions, most distressingly, the many citizens that still live in dire poverty. The context of my childhood was thus rife with politically stimulating conversations as well as a persistant exploration of what exactly it meant to be South African. Such an experience has stayed with me in the form of an ever curious and analytical stance to the society in which I live. I moved to Copenhagen when I was 21 to explore my Danish roots and learn the Danish language. This experience was fundamental to my integration into Danish society, which I see as a hard-won success, as it has entailed a lot of patience as well as energy to consistently engage in Danish culture and politics - that is, develop a substantive Danish identity - while still retaining my own sense of South African identity, which is very important to me. In Denmark I pursued my tertiary education at Copenhagen Business School, first earning a Bachelor’s degree in Business Administration & Sociology, and then a Master’s degree in International Business & Politics. During my Master’s degree, I did an exchange period in Italy, where I studied Constitutional Law, with which I’ve become fascinated. Finally, the strong focus on multi-disciplinarity and pluralistic research approaches during my undergrad and graduate degree has inspired me to pursue this PhD. I am very grateful for the opportunity to be a part of the exciting GEM-STONES programme.
Haagensen, N (Forthcoming) Transnational Networks of the Sovereign Debt Restructuring Regime, in CITRINE edited volume, Jacob Hasselbalch & George Christou. Routledge
Haagensen, N. & Henriksen, L. F. (Forthcoming) Social Network Analysis in Morin, Jean-Frédéric, Christian Olsson and Ece Özlem Atikcan (eds). Key Concepts in Research Methods. Oxford: Routledge.
Haagensen, N., Lisa Haagensen and Alexander Andersson. 2016. “Categorization and Context: Towards an Interdisciplinary Approach to Human Rights”. The Universal: Annual Human Rights Review, Vol. 1.
- presented paper ‘European Legal Professionals in Crisis’ at department workshop, January 2020, Copenhagen Business School
- presented PhD at final seminar for department at Copenhagen Business School, November 2019
- attended a Methods Workshop at Copenhagen University on "Quantitative Data & Web Data Collection For Legal Studies", October 2018
- attended a Workshop on Concepts at CBS, March 2018
- presented paper at Danish Sociology Congress 2018 called "Networks as Stories: German Legal Experts"
- presented paper at ISA 2018 Conference called "Mobilization of European Legal Networks in Euro-crisis law"
- presented paper for Enlighten Workshop, June 2017
- presented PhD at Early Career Seminar at CBS September 2017
- attended a Methods Workshop on Social Network Analysis at CBS, October 2017
- attended the ULB Political Science Seminar 2016-2017