centralised enforcement legitimacy and good governance in the eu routledge research in eu law

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Centralised Enforcement Legitimacy And Good Governance In The Eu

Author : Melanie Smith
ISBN : 9781135212254
Genre : Law
File Size : 50. 4 MB
Format : PDF
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Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.

New Governance And The European Employment Strategy

Author : Samantha Velluti
ISBN : 9781136927775
Genre : Law
File Size : 35. 75 MB
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In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law – specifically in the field of EU employment law and gender equality – and European governance studies in general.

Eu External Relations Law And The European Neighbourhood Policy

Author : Bart Van Vooren
ISBN : 9781136510311
Genre : Law
File Size : 50. 79 MB
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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.

The Enforcement Of Eu Law

Author : Stine Andersen
ISBN : 9780191650055
Genre : Law
File Size : 71. 89 MB
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A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Democratic Governance And European Integration

Author : Ronald Holzhacker
ISBN : 178254352X
Genre : Business & Economics
File Size : 62. 30 MB
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As the power and scope of the European Union moves further, beyond traditional forms of international cooperation between sovereign states, it is important to analyse how these developments are impacting upon national institutions and processes of democratic representation and legitimacy in the member countries. The authors in this book identifyfour core processes of democratic governance present in any democratic political system that link societal and state processes of decision-making: opinion formation, interestintermediation, national executive decision-making and national parliamentary scrutiny. From a normative perspective they discuss what impacts this process of Europeanizationhas on democracy in the evolving system. They conclude that more changes are seen within the state-centric than in the societal-centred processes of democracy, thus thepublic seems to have been 'left behind? in the process of constructing Europe. The empirical research and normative discussion presented in this book are designed to further our knowledge concerning the Europeanization of social and state processes of democracy and to contribute to the continuing dialogue on democracy in the EuropeanUnion. This book will be of great interest to academics and researchers of political science, public policy and international relations, as well as those interested in European studies andcomparative politics.

The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722686
Genre : English literature
File Size : 20. 88 MB
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Experimentalist Governance In The European Union

Author : Charles F. Sabel
ISBN : 9780191610189
Genre : Political Science
File Size : 87. 48 MB
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This book advances a novel interpretation of EU governance. Its central claim is that the EU's regulatory successes within-and increasingly beyond-its borders rest on the emergence of a recursive process of framework rule making and revision by European and national actors across a wide range of policy domains. In this architecture, framework goals and measures for gauging their achievement are established by joint action of the Member States and EU institutions. Lower-level units are given the freedom to advance these ends as they see fit. But in return for this autonomy, they must report regularly on their performance and participate in a peer review in which their results are compared with those of others pursuing different means to the same general ends. The framework goals, performance measures, and decision-making procedures are themselves periodically revised by the actors, including new participants whose views come to be seen as indispensable to full and fair deliberation. The editors' introduction sets out the core features of this experimentalist architecture and contrasts it to conventional interpretations of EU governance, especially the principal-agent conceptions underpinning many contemporary theories of democratic sovereignty and effective, legitimate law making. Subsequent chapters by an interdisciplinary group of European and North American scholars explore the architecture's applicability across a series of key policy domains, including data privacy, financial market regulation, energy, competition, food safety, GMOs, environmental protection, anti-discrimination, fundamental rights, justice and home affairs, and external relations. Their authoritative studies show both how recent developments often take an experimentalist turn but also admit of multiple, contrasting interpretations or leave open the possibility of reversion to more familiar types of governance. The results will be indispensable for all those concerned with the nature of the EU and its contribution to contemporary governance beyond the nation-state.

Challenges And Change In Middle America

Author : Katie Willis
ISBN : 9781317876892
Genre : Science
File Size : 22. 41 MB
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A comprehensive introduction to the important economic, social and political processes and development issues in this extremely popular region. The Central American nations and those of the Caribbean (including Guyana, Surinam and French Guiana on the mainland) share many historical processes as well as experiencing similar development problems today. These include European colonialism, structural adjustment, small size, reliance on primary production, influence of the United States and moves towards democratisation. While Mexico is obviously a much larger country in area, economy and population terms, it is included in this volume because of its close ties to the other countries in the region through processes such as trade and migration.

A Human Security Doctrine For Europe

Author : Marlies Glasius
ISBN : 9781134209972
Genre : Political Science
File Size : 60. 51 MB
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A Human Security Doctrine for Europe explores the actual needs of individual people in conflict areas, rather than using a conventional institutional or geo-political perspectives. This new volume proposes that Europe should develop a new kind of human security capability that involves the military, the police and civilians all working together to enforce law rather than to fight wars. It argues that threats such as weapons of mass destruction or terrorism can only be countered if we address the insecurity of people in all parts of the world. Many people in the world lead intolerably insecure lives. In large parts of Africa, the Balkans, Central Asia and the Middle East, men and women live in daily fear of violent attacks, kidnapping, rape, extortion, robbery or trafficking. The existence of large military apparatuses does not create security; indeed, as in Iraq, the use of regular military forces may only make things worse. This stimulating study includes: two chapters setting out the changed global context and proposing new approaches to security five regional studies on the Balkans, the Great Lakes Region, the Middle East, the South Caucasus and West-Africa four studies on different aspects of EU security policy, including the legal setting, the role of women, operational principles and the role of the new member states four operational studies on capabilities, resources and institutional embedding Written by a diverse team of international experts, this book will of be of strong interest to students and researchers of security studies, peace studies, human rights and international relations.

The Politics Of International Law And Compliance

Author : Nikolas M. Rajkovic
ISBN : 9781136632761
Genre : Political Science
File Size : 28. 43 MB
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Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman regimes, Serbian and Croatian governments have been inconsistent in cooperating with the ICTY, despite the conditions of EU membership and US financial incentives. This study reconstructs events before, during and after extradition to build up a picture of the complex politics involved in ICTY relations, and provides a conceptual framework to study compliance in international relations and law. Through this analysis, a historical tracing of varied factors of political influence and a conceptualization of compliance is provided, resulting in a rich interdisciplinary work embracing political science, international relations and social theory. By scrutinizing the social meanings and political practices which become attached to prescribed norms in compliance processes, this book provides a highly-relevant insight into contemporary meanings of ‘compliance’. Politics of International Law and Compliance will be of interest to students and scholars of politics, international relations and international law, and European politics.

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