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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 | : Jan Zielonka |
Publisher | : OUP Oxford |
Total Pages | : 304 |
Release | : 2006-04-07 |
Genre | : Political Science |
ISBN | : 0191537713 |
Download Europe as Empire Book in PDF, ePub and Kindle
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of enlargement that has profoundly transformed the EU. Although there are many parallels between the European integration process and state building processes, the Union is nothing like a Westphalian super state. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book tries to spell out the origin, the shape, and the implications of this empire. The aim of this book is to suggest a novel way of thinking about the European Union and the process of European integration. The book shows 'two Europes' coming together following the end of the cold war. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. The author argues that mainstream thinking about European integration is based on mistaken statist assumptions and suggests more effective and legitimate ways of governing Europe than through adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics, and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe. It also gives ample room to both theoretical and empirical considerations.
Author | : George A. Bermann |
Publisher | : Bloomsbury Publishing |
Total Pages | : 530 |
Release | : 2004-11-10 |
Genre | : Law |
ISBN | : 1847310176 |
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 | : Fabrizio Cafaggi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 369 |
Release | : 2010-01-01 |
Genre | : Law |
ISBN | : 1848441274 |
Download Making European Private Law Book in PDF, ePub and Kindle
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.
Author | : Deirdre Curtin |
Publisher | : Intersentia nv |
Total Pages | : 290 |
Release | : 2005 |
Genre | : Administrative law |
ISBN | : 9050953816 |
Download Good Governance and the European Union Book in PDF, ePub and Kindle
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.
Author | : Robert Grzeszczak |
Publisher | : LIT Verlag Münster |
Total Pages | : 175 |
Release | : 2012 |
Genre | : Law |
ISBN | : 364390181X |
Download The Multi-level and Polycentric European Union Book in PDF, ePub and Kindle
This volume offers a broad conceptual spectrum on the political and legal system of the European Union. The heuristic of multi-level governance relates to the multiple actors, the interconnectedness between levels of decision-making, and the interpenetration of institutions and actors. Additionally, legal sciences stress numerous legal centers, which, on the one hand, espouse independent legal orders, while communicating with each other through legislative acts, executive decisions, and court decrees on the other. The fusion of the legal and political aspects of the EU provides an opportunity to view the sui generis system of the EU in a broader perspective, which promises to overcome reductionist approaches, both in legal and political sciences. (Series: Region - Nation - Europe / Region - Nation - Europa -- Vol. 69)
Author | : Charles F. Sabel |
Publisher | : Oxford University Press on Demand |
Total Pages | : 385 |
Release | : 2010-02-25 |
Genre | : Law |
ISBN | : 0199572496 |
Download Experimentalist Governance in the European Union Book in PDF, ePub and Kindle
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 | : Udo Diedrichs |
Publisher | : Edward Elgar Publishing |
Total Pages | : 265 |
Release | : 2011-03 |
Genre | : Political Science |
ISBN | : 0857930311 |
Download The Dynamics of Change in EU Governance Book in PDF, ePub and Kindle
The emergence, execution and evolution of new modes of governance across several policy fields - and encompassing all three pillars of the European Union - are mapped, analyzed and evaluated. In particular, the expert contributors focus on the ways in which these innovative mechanisms and practices interrelate, how they relate to ?old' methods of governance, and what their implications are both for the effectiveness and efficiency of policymaking. Conclusions are drawn in the form of an integrated new framework that explains the dynamics of EU governance with an ?integrative spiral' driven by the interrelation between the legal and the living architecture of the EU. Linking research on modes of governance to the analysis of the basic legal, institutional and procedural features of the EU up to the Lisbon Treaty, this book will prove essential reading for scholars, researchers and policy makers in the fields of European studies, law and economics, and political science and theory.
Author | : Dimitry Kochenov |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 402 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041126961 |
Download EU Enlargement and the Failure of Conditionality Book in PDF, ePub and Kindle
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.
Author | : Bart Van Vooren |
Publisher | : Oxford University Press, USA |
Total Pages | : 378 |
Release | : 2013-01-17 |
Genre | : Law |
ISBN | : 0199659656 |
Download The EU's Role in Global Governance Book in PDF, ePub and Kindle
The rise to power of such countries as China and Brazil, as well as the EU sovereign debt crisis, have deeply affected the capacity of the EU to influence global realities. This book brings together prominent legal scholars and practitioners to investigate the extent to which the EU can shape this on-going re-orientation of the international scene.