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Centralized Enforcement Legitimacy And Good Governance In The Eu
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Book Synopsis Centralised Enforcement, Legitimacy and Good Governance in the EU by : Melanie Smith
Download or read book Centralised Enforcement, Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
Book Synopsis Centralized Enforcement, Legitimacy, and Good Governance in the EU by : Melanie K. Smith
Download or read book Centralized Enforcement, Legitimacy, and Good Governance in the EU written by Melanie K. Smith and published by . This book was released on 2009 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Governance and the European Union by : Deirdre Curtin
Download or read book Good Governance and the European Union written by Deirdre Curtin and published by Intersentia nv. This book was released on 2005 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the notion of good governance from three different angles. First it establishes whether it is a meaningful notion at all by taking a closer look at the parameters of good governance. Secondly, the authors look at the institutional translation of the criteria of good governance. In a third dimension, the concept may be analysed in relation to a number of substantive issues.
Book Synopsis New Directions in the Effective Enforcement of EU Law and Policy by : Sara Drake
Download or read book New Directions in the Effective Enforcement of EU Law and Policy written by Sara Drake and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.
Book Synopsis Centralized Enforcement, Legitimacy and Good Governance in the EU by : Melanie Smith
Download or read book Centralized Enforcement, Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and remains unchanged since the original Treaty of Rome. This book examines Article 226 in the light of contemporary debates including concepts such as democracy, legitimacy, good administration and good governance in the EU.
Book Synopsis The Crisis of the European Union by : Jürgen Habermas
Download or read book The Crisis of the European Union written by Jürgen Habermas and published by John Wiley & Sons. This book was released on 2014-03-03 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.
Book Synopsis The Legitimacy of The European Union through Legal Rationality by : Richard Ball
Download or read book The Legitimacy of The European Union through Legal Rationality written by Richard Ball and published by Routledge. This book was released on 2013-10-15 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.
Book Synopsis Engaging Central Asia by : Bhavna Dave
Download or read book Engaging Central Asia written by Bhavna Dave and published by CEPS. This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In July 2007, the European Union initiated a fundamentally new approach to the countries of Central Asia. The launch of the EU Strategy for Central Asia signals a qualitative shift in the Union's relations with a region of the world that is of growing importance as a supplier of energy, is geographically situated in a politically sensitive area - between China, Russia, Iran, Afghanistan and the south Caucasus - and contains some of the most authoritarian political regimes in the world. In this volume, leading specialists from Europe, the United States and Central Asia explore the key challenges facing the European Union as it seeks to balance its policies between enhancing the Union's energy, business and security interests in the region while strengthening social justice, democratisation efforts and the protection of human rights. With chapters devoted to the Union's bilateral relations with Kazakhstan, Uzbekistan, Turkmenistan and Tajikistan and to the vital issues of security and democratisation, 'Engaging Central Asia' provides the first comprehensive analysis of the EU's strategic initiative in a part of the world that is fast emerging as one of the key regions of the 21st century."--BOOK JACKET.
Book Synopsis Global Data Protection in the Field of Law Enforcement by : Cristina Blasi Casagran
Download or read book Global Data Protection in the Field of Law Enforcement written by Cristina Blasi Casagran and published by Routledge. This book was released on 2016-06-10 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
Book Synopsis Differentiated Integration by : Dirk Leuffen
Download or read book Differentiated Integration written by Dirk Leuffen and published by Palgrave Macmillan. This book was released on 2012-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Far from displaying a uniform pattern of integration, the European Union varies significantly across policy areas, institutional development and individual countries. Why do some policies such as the Single Market attract non-EU member states, while some member states choose to opt out of other EU policies? In answering these questions, this innovative new text provides a state-of-the-art introduction to the study of European integration. The authors introduce the most important theories of European integration and apply these to the trajectories of key EU policy areas – including the single market, monetary policy, foreign and security policy, and justice and home affairs. Arguing that no single theory offers a completely convincing explanation of integration and differentiation in the EU, the authors put forward a new analytical perspective for describing and explaining the institutions and policies of the EU and their development over time. Written by a team of prominent scholars in the field, this thought-provoking book provides a new synthesis of integration theory and an original way of thinking about what the EU is and how it works.
Book Synopsis EU External Relations and Systems of Governance by : Paul James Cardwell
Download or read book EU External Relations and Systems of Governance written by Paul James Cardwell and published by Routledge. This book was released on 2009-12-04 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Paul James Cardwell takes the Euro-Mediterranean Partnership (EuroMed) as a case study. Not initially a CFSP project, EuroMed has become the frame for EU foreign policy in the region as an emerging system of governance in which the EU institutions play a central role. Having recently been relaunched as the Barcelona Process: Union for the Mediterranean, it is a topical subject. With the increasing importance of migration on the EU’s agenda, the book looks at the relationship between migration, EuroMed and the CFSP and argues that the legal effects of the CFSP can be felt beyond the Treaty-based instruments. EU External Relations and Systems of Governance will be of interest to students and scholars of Law, Politics and European studies researching in the dynamic fields of EU external relations and foreign policy, as well as policy-makers and non-governmental organisations striving to better understand how the EU and its systems of governance operate.
Book Synopsis EU Law Enforcement by : Stefano Montaldo
Download or read book EU Law Enforcement written by Stefano Montaldo and published by Taylor & Francis. This book was released on 2021-02-22 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.
Book Synopsis Towards a System of European Criminal Justice by : Andrea Ryan
Download or read book Towards a System of European Criminal Justice written by Andrea Ryan and published by Routledge. This book was released on 2014-06-05 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Book Synopsis The Legal Order of the European Union by : Timothy Moorhead
Download or read book The Legal Order of the European Union written by Timothy Moorhead and published by Routledge. This book was released on 2014-05-30 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
Book Synopsis EU Law: Text, Cases, and Materials by : Paul Craig
Download or read book EU Law: Text, Cases, and Materials written by Paul Craig and published by Oxford University Press, USA. This book was released on 2011-08-18 with total page 1317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of EU Law: Text, Cases, and Materials provides clear and insightful analysis of European Law accompanied by carefully chosen extracts from a range of materials. This edition looks in detail at the way in which the Treaty of Lisbon has radically changed both the institutional and substantive law of the European Union.
Book Synopsis Local Government in Europe by : Carlo Panara
Download or read book Local Government in Europe written by Carlo Panara and published by Routledge. This book was released on 2013-12-04 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the ‘fourth level’ of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas of local and regional government or EU-central-local government relations. The book contains details of reform in local government up to November 2012, including an analysis of the impact of austerity measures on local autonomy where these have become significant.
Book Synopsis EU Health Systems and Distributive Justice by : Danielle Da Costa Leite Borges
Download or read book EU Health Systems and Distributive Justice written by Danielle Da Costa Leite Borges and published by Routledge. This book was released on 2016-07-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.
