New Governance And The Transformation Of European Law

Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 1139502980
Size: 21.81 MB
Format: PDF, Mobi
View: 2725
Download
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.

The Governance Of Eu Fundamental Rights

Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 110707049X
Size: 74.65 MB
Format: PDF, Kindle
View: 7093
Download
This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.

The Transformation Of Eu Treaty Making

Author: Dermot Hodson
Publisher: Cambridge University Press
ISBN: 110711215X
Size: 36.43 MB
Format: PDF, Docs
View: 1957
Download
Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.

The Transformation Of Europe

Author: Miguel Poiares Maduro
Publisher: Cambridge University Press
ISBN: 1108228720
Size: 51.51 MB
Format: PDF, ePub, Mobi
View: 6002
Download
Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

The Eu And Nanotechnologies

Author: Tanja Ehnert
Publisher: Bloomsbury Publishing
ISBN: 150990851X
Size: 66.85 MB
Format: PDF, ePub, Mobi
View: 4238
Download
This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Constructing Modern European Private Law

Author: Ivan Sammut
Publisher: Cambridge Scholars Publishing
ISBN: 144389995X
Size: 77.17 MB
Format: PDF, ePub, Mobi
View: 2013
Download
The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.

Eurolegalism

Author: R. Daniel Kelemen
Publisher: Harvard University Press
ISBN: 0674061055
Size: 68.72 MB
Format: PDF, Kindle
View: 3610
Download
Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.

European Union Law

Author: Robert Schütze
Publisher: Cambridge University Press
ISBN: 1107071208
Size: 63.44 MB
Format: PDF, Docs
View: 1646
Download
Clear yet rigorous coverage of all the core topics of EU law, with numerous case extracts and 100 visual aids.

A Companion To European Union Law And International Law

Author: Anna Södersten
Publisher: John Wiley & Sons
ISBN: 1119037654
Size: 61.44 MB
Format: PDF, Kindle
View: 2637
Download
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others

Health Systems Governance In Europe

Author: Elias Mossialos
Publisher: Cambridge University Press
ISBN: 0521761387
Size: 24.55 MB
Format: PDF, ePub, Docs
View: 1888
Download
There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy.