New Governance And The Transformation Of European Law PDF Download
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| Author | : Mark Dawson |
| Publisher | : Cambridge University Press |
| Total Pages | : 374 |
| Release | : 2011-10-27 |
| Genre | : Law |
| ISBN | : 9781107006324 |
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 | : 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 | : 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 | : 259 |
| Release | : 2017-02-16 |
| Genre | : Law |
| ISBN | : 1108146104 |
Download The Governance of EU Fundamental Rights Book in PDF, ePub and Kindle
In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.
| 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 | : 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 | : Gráinne de Búrca |
| Publisher | : Hart Publishing |
| Total Pages | : 454 |
| Release | : 2006-03 |
| Genre | : Law |
| ISBN | : |
Download Law and New Governance in the EU and the US Book in PDF, ePub and Kindle
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 | : Sindico, Francesco |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 328 |
| Release | : 2021-10-19 |
| Genre | : Law |
| ISBN | : 1800889372 |
Download The Transformation of Environmental Law and Governance Book in PDF, ePub and Kindle
This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.
| Author | : Paul Craig |
| Publisher | : Oxford University Press |
| Total Pages | : 1024 |
| Release | : 2021-08-19 |
| Genre | : Law |
| ISBN | : 0192661809 |
Download The Evolution of EU Law Book in PDF, ePub and Kindle
This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.
