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Author : Francis G. Snyder
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 (318 download)
Download or read book Soft Law and Institutional Practice in the European Community written by Francis G. Snyder and published by . This book was released on 1993 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mariolina Eliantonio
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932054
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)
Download or read book EU Soft Law in the Member States written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.
Author : S. Martin
Publisher : Springer Science & Business Media
ISBN 13 : 9401583684
Total Pages : 307 pages
Book Rating : 4.4/5 (15 download)
Download or read book The Construction of Europe written by S. Martin and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Martin* The fourteen essays that constitute this work provide a coherent review of the past and present of the European Community, and consider some of its possible futures. Werner Abelshauser and Richard Griffiths offer separate perspectives on the precursors of the European Community. Abelshauser argues that comparison of the fates of the European Coal and Steel Community and the European Defense Community demonstrate the dominance of political over economic considerations in the integration process. Griffiths considers the stillborn European Political Community, many of the proposed features of which, somewhat transformed, were embodied in the Treaty of Rome. Both suggest that as a practical matter a coming together of French and German interests has been a precondition for advances in European integration. Stephen Martin and Andrew Evans discuss the development of the Com munity's Structural Funds, first envisaged as tools to smooth the transition from a collection of regional economies to a continent-wide single market, now increasingly seen as devices to guide adjustment to long-term struc tural problems. Stuart Holland emphasizes the role of the Structural Funds as one element in a broad range of strategies to ensure social and economic cohesion as the Maastrict Treaty ushers the European Union into the next stage of its development.
Author : Linda Senden
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311105
Total Pages : 590 pages
Book Rating : 4.8/5 (473 download)
Download or read book Soft Law in European Community Law written by Linda Senden and published by Bloomsbury Publishing. This book was released on 2004-09-30 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU),and its use by the European Commission and Council of Ministers. It focusses upon how soft law fits into the Community legal system, and how it is used, and, in particular, how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law and the question of its possible legal effect in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.
Author : Linda Senden
Publisher : Hart Publishing
ISBN 13 : 1841134325
Total Pages : 590 pages
Book Rating : 4.8/5 (411 download)
Download or read book Soft Law in European Community Law written by Linda Senden and published by Hart Publishing. This book was released on 2004-09-28 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
Author : Joana Mendes
Publisher :
ISBN 13 : 0198826664
Total Pages : 289 pages
Book Rating : 4.1/5 (988 download)
Download or read book EU Executive Discretion and the Limits of Law written by Joana Mendes and published by . This book was released on 2019 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection analyses how the law governs, and should govern, the exercise of discretion by the EU's executive powers, in light of post-2010 developments which have expanded such powers.
Author : Petra L. Láncos
Publisher : Edward Elgar Publishing
ISBN 13 : 1802208917
Total Pages : 269 pages
Book Rating : 4.8/5 (22 download)
Download or read book The Legal Effects of EU Soft Law written by Petra L. Láncos and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
Author : Bart Van Vooren
Publisher : Routledge
ISBN 13 : 1136510311
Total Pages : 376 pages
Book Rating : 4.1/5 (365 download)
Download or read book EU External Relations Law and the European Neighbourhood Policy written by Bart Van Vooren and published by Routledge. This book was released on 2012-07-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Neighbourhood Policy (ENP) is a recent example of an external EU policy drawn up explicitly with the objective of achieving coherence in the external policies of the EU and its Member States. Positioning the ENP in the legal-historical context of political union, this book explains why coherence has become a substantive issue in EU external relations, and why law is integral to attaining the ever-enigmatic single voice of the European Union. The text examines the role of EU external relations law in attaining a coherent neighbourhood policy and goes on to undertake an in depth analysis of the ENP, arguing that the innovative nature of the ENP in regard to coherence lies beyond the narrowly defined legal sphere, and stems primarily from its hybrid composition of hard legal, soft legal and non-legal policy instruments. Adopting an interdisciplinary approach by integrating elements of law, history and political science, EU External Relations Law and the European Neighbourhood Policy is unique in its approach to the subject. This book will be of particular interest to academics and students of EU Law, Political Science, History and International Relations as well as to practitioners engaged in the process of drafting coherent external policy.
Author : Mariolina Eliantonio
Publisher : Edward Elgar Publishing
ISBN 13 : 1839101938
Total Pages : 471 pages
Book Rating : 4.8/5 (391 download)
Download or read book Research Handbook on Soft Law written by Mariolina Eliantonio and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
Author : Maartje De Visser
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315445
Total Pages : 420 pages
Book Rating : 4.8/5 (473 download)
Download or read book Network-Based Governance in EC Law written by Maartje De Visser and published by Bloomsbury Publishing. This book was released on 2009-11-23 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: To strengthen the credibility of the EU and its policies, the European Community is increasingly concerned to emphasise effective enforcement of EC law. This book engages in the debate on the better application of European law by offering an integrated analysis of a new institutional arrangement - one that relies on networks grouping the Commission and national administrative authorities. Taking the traditional enforcement paradigms of decentralisation, centralisation and agency-based enforcement as starting points, their benefits and downsides are described and critiqued, and the author concludes that there is considerable room for improvement. The book then undertakes a comprehensive analysis of the network model to determine its core characteristics and assess its effectiveness. European competition law and electronic communications law are used as case studies because, inter alia, the networks there have developed an adequate level of sophistication. The book also employs a bottom-up approach, considering how four key Member States (France, Germany, the Netherlands and the United Kingdom) have given effect to the relevant European rules. At the core of the book is a critique of the wider normative attractiveness of the network model. The discussion is kaleidoscopic, engaging with a wide variety of notions including legitimacy, judicial review, subsidiarity, institutional balance and efficiency. The thrust of the book is that network-based governance deserves careful consideration as the model that is able to mediate the competing concerns of coherence for Internal Market reasons, and of diversity and respect for local autonomy. This book is useful for EC competition law and communications law practitioners, and those with a keen interest in institutional and administrative law.
Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1251 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
Author : Tanja Ehnert
Publisher : Bloomsbury Publishing
ISBN 13 : 150990851X
Total Pages : 295 pages
Book Rating : 4.5/5 (99 download)
Download or read book The EU and Nanotechnologies written by Tanja Ehnert and published by Bloomsbury Publishing. This book was released on 2017-08-10 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.
Author : Sabrina Röttger-Wirtz
Publisher : Bloomsbury Publishing
ISBN 13 : 1509943013
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Interplay of Global Standards and EU Pharmaceutical Regulation written by Sabrina Röttger-Wirtz and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy. Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU. In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union's reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.
Author : Charles F. Sabel
Publisher : Oxford University Press on Demand
ISBN 13 : 0199572496
Total Pages : 385 pages
Book Rating : 4.1/5 (995 download)
Download or read book Experimentalist Governance in the European Union written by Charles F. Sabel and published by Oxford University Press on Demand. This book was released on 2010-02-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.
Author : András Jakab
Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 715 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.
Author : Gráinne de Búrca
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310400
Total Pages : 444 pages
Book Rating : 4.8/5 (473 download)
Download or read book Law and New Governance in the EU and the US written by Gráinne de Búrca and published by Bloomsbury Publishing. This book was released on 2006-04-26 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies. In the US, scholarship on issues such as collaborative problem-solving, democratic experimentalism, and problem-solving courts exemplify the interest in similar developments. This book covers diverse policy sectors and subjects, including the environment, education, anti-discrimination, food safety and many others. While some chapters concentrate on the operation of new governance mechanisms in a federal and multilevel context and others look at the relationship between public and private mechanisms and settings, what all the contributors share in common is the pursuit of effective mechanisms for addressing complex social problems, and the challenges they raise for our understanding of law and constitutionalism, and of legal and constitutional values.
Author : Sacha Garben
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041133658
Total Pages : 298 pages
Book Rating : 4.0/5 (411 download)
Download or read book EU Higher Education Law written by Sacha Garben and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: ; avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; the scope of EU legal competence for various kinds of activities in the educational sector; specific areas of overlap between EU law and the Bologna Process and their implications; voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; the idea that the university is being redefined, from a social institution to an industry; the increasingly influential role in the process, by means of funding and coordination, of the European Commission; financial support programmes and devices to enhance credit and degree recognition; students as recipients of services; and teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.
