New Governance And The Transformation Of European Law PDF Download
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Author | : Mark Dawson |
Publisher | : |
Total Pages | : 351 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9781139203425 |
Download New Governance and the Transformation of European Law Book in PDF, ePub and Kindle
"The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look"--
Author | : Rainer Eising |
Publisher | : Routledge |
Total Pages | : 342 |
Release | : 2003-09-02 |
Genre | : Political Science |
ISBN | : 1134608349 |
Download The Transformation of Governance in the European Union Book in PDF, ePub and Kindle
The book presents a theoretically informed typology of modes of governance which is tested in a careful selection of comparative country and policy studies. At the core is the question whether the European Union is destined to a network type of governance and whether and how this type of governance will be translated into the member states. The individual chapters subject the governing patterns at European and national level to empirical scrutiny. Drawing on recent research findings in different issue areas - including monetary union, social affairs, environment, genetic engineering and market liberalisation in transport, banking, energy, professional services - the contributions highlight the impact of the European activities on policy-making process in the member states.
Author | : Mark Dawson |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2011-10-27 |
Genre | : Law |
ISBN | : 1139502980 |
Download New Governance and the Transformation of European Law Book in PDF, ePub and Kindle
The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.
Author | : Mark Dawson |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2017-02-16 |
Genre | : Law |
ISBN | : 110707049X |
Download The Governance of EU Fundamental Rights Book in PDF, ePub and Kindle
This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
Author | : Christian Joerges |
Publisher | : Bloomsbury Publishing |
Total Pages | : 458 |
Release | : 2014-11-13 |
Genre | : Law |
ISBN | : 1782254900 |
Download The European Crisis and the Transformation of Transnational Governance Book in PDF, ePub and Kindle
The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. “Conflicts-law constitutionalism” is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.
Author | : Marise Cremona |
Publisher | : Oxford University Press |
Total Pages | : 288 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198817460 |
Download EU Legal Acts Book in PDF, ePub and Kindle
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.--
Author | : George A. Bermann |
Publisher | : Hart Publishing |
Total Pages | : 531 |
Release | : 2004-11 |
Genre | : Law |
ISBN | : 1841134260 |
Download Law and Governance in an Enlarged European Union Book in PDF, ePub and Kindle
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.
Author | : Mark Dawson |
Publisher | : Oxford University Press |
Total Pages | : 286 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198752865 |
Download Beyond the Crisis Book in PDF, ePub and Kindle
This volume examines the many open political, legal, and economic questions related to the functioning and fundamental structure of the Union as a whole and the economic and monetary union.
Author | : Emilia Korkea-aho |
Publisher | : Routledge |
Total Pages | : 276 |
Release | : 2016-10-06 |
Genre | : |
ISBN | : 9781138241510 |
Download Adjudicating New Governance Book in PDF, ePub and Kindle
This book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally - and political experimentation more broadly - weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of 'soft law', participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.
Author | : R. Daniel Kelemen |
Publisher | : Harvard University Press |
Total Pages | : 379 |
Release | : 2011-04-01 |
Genre | : Political Science |
ISBN | : 0674061055 |
Download Eurolegalism Book in PDF, ePub and Kindle
Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.