Eu Soft Law In The Member States

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EU Soft Law in the Member States

Author : Mariolina Eliantonio
Publisher : Bloomsbury Publishing
ISBN 13 : 1509932054
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis EU Soft Law in the Member States by : Mariolina Eliantonio

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.

The Legal Effects of EU Soft Law

Author : Petra L. Láncos
Publisher : Edward Elgar Publishing
ISBN 13 : 1802208917
Total Pages : 269 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis The Legal Effects of EU Soft Law by : Petra L. Láncos

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.

Complying with Europe

Author : Gerda Falkner
Publisher : Cambridge University Press
ISBN 13 : 9780521849944
Total Pages : 428 pages
Book Rating : 4.8/5 (499 download)

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Book Synopsis Complying with Europe by : Gerda Falkner

Download or read book Complying with Europe written by Gerda Falkner and published by Cambridge University Press. This book was released on 2005-05-26 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does EU law truly mean for the member states? This book presents the first encompassing and in-depth empirical study of the effects of 'voluntaristic' and (partly) 'soft' EU policies in all 15 member states. The authors examine 90 case studies across a range of EU Directives and shed light on burning contemporary issues in political science, integration theory, and social policy. They reveal that there are major implementation failures and that, to date, the European Commission has not been able adequately to perform its control function.

Soft Law in European Community Law

Author : Linda Senden
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311105
Total Pages : 590 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Soft Law in European Community Law by : Linda Senden

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.

Soft Law in Governance and Regulation

Author : Ulrika Mörth
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Soft Law in Governance and Regulation by : Ulrika Mörth

Download or read book Soft Law in Governance and Regulation written by Ulrika Mörth and published by Edward Elgar Publishing. This book was released on 2004 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rising interdependence among the members of international society and of global civil society has led to an increasing demand for governance without government. The new regulatory mode is characterized as a 'soft law' framework. The contributors to this book define soft law in terms of legally non-binding rules, such as recommendations, codes of conduct and declarations, though they acknowledge the difficulty sometimes faced in differentiating between hard and soft law, whose boundaries are, in practice, often blurred. Focussing largely on the European experience, the book shows how soft law in the EU has become an important regulatory tool in traditional policy areas, like state aid, and in new policy areas, especially within EU's employment policy. It also extends the analysis to the international stage, arguing that international institutions, such as the OECD, the UN, the IMF and the World Bank, have for decades used soft law as a means, indeed their only means, of regulating international agreements. Comparisons between the two arenas are then drawn and indicate very different roles for soft law. This book will appeal to scholars of European law and politics as well as those involved with or interested in the policy implications of this mode of governance.

EU Soft Law in the Member States

Author : Jonas Poell
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (118 download)

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Book Synopsis EU Soft Law in the Member States by : Jonas Poell

Download or read book EU Soft Law in the Member States written by Jonas Poell and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Implementing EU Mobility Partnerships

Author : Fanny Tittel-Mosser
Publisher : Routledge
ISBN 13 : 1000077381
Total Pages : 216 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Implementing EU Mobility Partnerships by : Fanny Tittel-Mosser

Download or read book Implementing EU Mobility Partnerships written by Fanny Tittel-Mosser and published by Routledge. This book was released on 2020-06-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.

The Enforcement of EU Law and Values

Author : András Jakab
Publisher : Oxford University Press
ISBN 13 : 0198746563
Total Pages : 579 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Enforcement of EU Law and Values by : András Jakab

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 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.

Soft Law and Its Importance in Ensuring Member States' Compliance with Union Law

Author : Paul Weismann
Publisher :
ISBN 13 : 9783756000081
Total Pages : 0 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Soft Law and Its Importance in Ensuring Member States' Compliance with Union Law by : Paul Weismann

Download or read book Soft Law and Its Importance in Ensuring Member States' Compliance with Union Law written by Paul Weismann and published by . This book was released on 2023-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soft law and its role in the enforcement of EU law: Apart from the Treaty infringement procedure there are more and more procedures, mostly laid down in secondary law, by which the EU - often using soft law - ensures Member States' compliance with EU law. This development entails a considerable transforming power. It deserves not only a foundational, mainly competence-oriented analysis of EU soft law, but also a systemic and legal account of these procedures in which it is often EU agencies - instead of the Commission and the European Court of Justice, as provided for in the TFEU - which, largely beyond public attention, interpret EU law and, on this basis, try to enforce it vis-a-vis the Member States.

Europeanisation, Soft Law and the Crisis

Author : Niclas Beinborn
Publisher : Springer Nature
ISBN 13 : 3658432446
Total Pages : 197 pages
Book Rating : 4.6/5 (584 download)

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Book Synopsis Europeanisation, Soft Law and the Crisis by : Niclas Beinborn

Download or read book Europeanisation, Soft Law and the Crisis written by Niclas Beinborn and published by Springer Nature. This book was released on 2023-12-23 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Influence of “hard” law on national policies still is a central topic in Europeanisation research. One aspect often overlooked is the impact of “soft” law instruments such as the “Open Method of Coordination” (OMC). Through the OMC all member states agree on common goals and exchange “best practices” to improve policy coordination in a certain area without the obligation (how) to design policies. OMC impacts in individual member states have been studied extensively, yet a comparative perspective explaining their variance is lacking. This study by Niclas Beinborn tries to fill this gap by analysing the different impacts of a recent OMC: the European Youth Strategy 2010 (EUYS). His analysis is twofold: in a first step he applies theory-driven fuzzy-set QCA to a novel dataset depicting the variance of national activities around the EUYS. As causalities remain unclear, in a second step he presents an innovative analysis framework encompassing two dimensions – national motivation and relative openness to implement non-binding EU law – to define ideal types of OMC adaptation. Case studies on the EUYS in Germany and Ireland proof the potential of this framework to explain why and how OMCs work (differently).

EU Financial Regulation Soft Law in the Member States

Author : Matej Avbelj
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis EU Financial Regulation Soft Law in the Member States by : Matej Avbelj

Download or read book EU Financial Regulation Soft Law in the Member States written by Matej Avbelj and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper presents the results of research conducted by the European Network on Soft Law Research (SoLaR) in the field of financial regulation. An empirical study was conducted to determine how the European Securities and Markets Authority's (ESMA) guidelines and recommendations are complied with by some selected Member States: Finland, France, Germany, Italy, the Netherlands, Slovenia and the UK. The research has also studied the attitudes of the officials and judges regarding ESMA soft law, in particular the potential differences between the two groups of stakeholders across the Member States. The paper consists of two parts. First, this introduction sheds some light on the history of the EU system of financial regulation, and the role ESMA has played in it. Having provided the necessary background for the research, the main elements of its methodology are presented next. This is then followed by a comparative analysis conducted on the selected seven Member States. The questionnaire used for the empirical analysis is attached in the appendix. The co-authors acknowledge funding from the European Commission under 575097-EPP-1-2016-1-FI-EPPJMO-NETWORK.

Reinforcing Rule of Law Oversight in the European Union

Author : Carlos Closa
Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

EU Legal Acts

Author : Marise Cremona
Publisher : Oxford University Press
ISBN 13 : 0192549626
Total Pages : 288 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Legal Acts by : Marise Cremona

Download or read book EU Legal Acts written by Marise Cremona and published by Oxford University Press. This book was released on 2018-02-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

The Penguin Companion to European Union

Author : Anthony Teasdale
Publisher : Penguin UK
ISBN 13 : 9780141021188
Total Pages : 0 pages
Book Rating : 4.0/5 (211 download)

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Book Synopsis The Penguin Companion to European Union by : Anthony Teasdale

Download or read book The Penguin Companion to European Union written by Anthony Teasdale and published by Penguin UK. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on the fifteen-member European Union but its coverage extends to many other bodies which form part of today's Europe, such as the Council of Europe, the European Economic Area and Western European Union.

The Oxford Handbook of Swedish Politics

Author : Jon Pierre
Publisher : Oxford University Press
ISBN 13 : 0199665672
Total Pages : 737 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Handbook of Swedish Politics by : Jon Pierre

Download or read book The Oxford Handbook of Swedish Politics written by Jon Pierre and published by Oxford University Press. This book was released on 2016 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook provides a broad introduction to Swedish politics, and how Sweden's political system and policies have evolved over the past few decades.

EU Law in Populist Times

Author : Francesca Bignami
Publisher : Cambridge University Press
ISBN 13 : 1108485081
Total Pages : 611 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis EU Law in Populist Times by : Francesca Bignami

Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

The Division of Competences between the EU and the Member States

Author : Sacha Garben
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913475
Total Pages : 357 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Division of Competences between the EU and the Member States by : Sacha Garben

Download or read book The Division of Competences between the EU and the Member States written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.