Download or read book Between Compliance and Particularism written by Marton Varju and published by Springer. This book was released on 2019-02-08 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

Download or read book Why Noncompliance written by Tanja A. Börzel and published by Cornell University Press. This book was released on 2021-02-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why Noncompliance traces the history of noncompliance within the European Union (EU), focusing on which states continuously do or do not follow EU Law, why, and how that affects the governance in the EU and beyond. In exploring the EU's long and varied history of noncompliance, Tanja A. Börzel takes a close look at the diverse groups of noncompliant states throughout the EU's existence. Why do states that are vocally critical of the EU have a better record of compliance than those that support the EU? Why has noncompliance been declining since the 1990s, even though the EU was adding member-states and numerous laws? Börzel debunks conventional wisdoms in EU compliance research, showing that noncompliance in the EU is not caused by the new Central and Eastern European member states, nor by the Eurosceptic member states. So why do these states take the brunt of Europe's misplaced ire? Why Noncompliance introduces politicization as an explanatory factor that has been long overlooked in the literature and scholarship surrounding the European Union. Börzel argues that political controversy combined with voting power and administrative capacity, explains why noncompliance with EU law has been declining since the completion of the Single Market, cannot be blamed on the EU's Central and Easter European member states, and is concentrated in areas where EU seeks to protect citizen rights. Thanks to generous funding from Freie Universitat Berlin, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

Download or read book Better Regulation Practices across the European Union written by OECD and published by OECD Publishing. This book was released on 2019-03-19 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Download or read book The Enforcement of EU Law written by Stine Andersen and published by OUP Oxford. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Download or read book Complying with Europe written by Gerda Falkner and published by Cambridge University Press. This book was released on 2005-05-26 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does EU law truly mean for the member states? This book presents the first encompassing and in-depth empirical study of the effects of 'voluntaristic' and (partly) 'soft' EU policies in all 15 member states. The authors examine 90 case studies across a range of EU Directives and shed light on burning contemporary issues in political science, integration theory, and social policy. They reveal that there are major implementation failures and that, to date, the European Commission has not been able adequately to perform its control function.

Download or read book EU Law in Populist Times written by Francesca Bignami and published by Cambridge University Press. This book was released on 2020-01-02 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.

Download or read book Environmental Leaders and Laggards in Europe written by Tanja A. Börzel and published by Routledge. This book was released on 2017-05-15 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: No other European laws are so frequently violated as environmental directives. This informative and illuminating volume explains why member states have repeatedly failed to comply with European Environmental Law. It challenges the assumption that non-compliance is merely a southern problem. By critically comparing and analyzing Spain and Germany, the volume demonstrates that both northern leaders and southern laggards face compliance problems if a European policy is not compatible with domestic regulatory structures. The North-South divide is therefore much more complex than previously thought. Examining each country’s capabilities of shaping European policies according to its environmental concerns and economic interests, the book debates the possible outcomes if the European Union does not come to terms with the leader-laggards dynamics in environmental policy-making. It will be a prime resource for anyone concerned with environmental policy-making and law, particularly within the EU, as well as those interested in environmental and political geography.

Download or read book Innovative Approaches to EU Multilevel Implementation written by Eva Thomann and published by Routledge. This book was released on 2019-10-23 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-level governance systems like the European Union (EU) calibrate integration with member state discretion in order to implement common, yet context-sensitive solutions to shared policy problems. Research on implementation in the EU typically focuses on legal compliance with EU policy. However, this focus gives us an incomplete picture of EU implementation, its diversity and practice. The contributions of this collection represent a shift toward a more performance-oriented perspective on EU implementation as problem-solving. They approach implementation fundamentally as a process of interpretation of superordinate law by actors who are embedded within multiple contexts arising from the coexistence of dynamics of Europeanization, on the one hand, and what has been termed ‘domestication’, on the other. Moving beyond legal compliance, the contributions provide new evidence on the diversity of domestic responses to EU policy, the roles and motivations of actors implementing EU policy, and the ‘black box’ of EU law in action and its enforcement. By reassessing the relative importance of EU policy and domestic factors and actors for the outcomes of EU implementation, the results give insight into on the nuanced interplay between Europeanization and domestication forces, useful for both EU researchers and practitioners. The chapters originally published as a special issue in the Journal of European Public Policy.

Download or read book Member State Interests and European Union Law written by Marton Varju and published by Routledge. This book was released on 2019-11-20 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book re-examines the law governing the obligations of the Member States in the European Union from the perspective of the interests formulated and pursued by national governments in the EU. Member States’ interests provide the source as well as the limitations of the obligations undertaken by the Member States in the Union. From the early days of European integration, they have determined how the law frames and defines EU obligations in the Treaties, in legislation and in the jurisprudence of the EU Court of Justice. The book neither challenges directly, nor undermines the current state of the law in the EU. Instead, it introduces a framework for interpreting and analysing legal developments – both legislative and jurisprudential – from an angle which brings the legal dimension of the membership of States in the European Union closer to its political reality. By choosing Member State interest to frame its analysis of the law, the book expresses a clear intention to explore further the interactions and the potential interconnectedness of the intergovernmentalism of EU decision-making and the normative supranationalism of the application and the enforcement of Member State obligations, in particular at the national level. Analysing how diversity among the Member States, which arises from different local interests, institutional frameworks and socio-economic arrangements, is assessed and sustained in EU legislation and in the jurisprudence of the Court of Justice, the book examines the impact of EU obligations on Member State territorial authority and territoriality. Providing a new perspective on Member State interests and European Law, the book closes the widening gap between the politics and law of European integration and between its political science and legal analysis. The book is essential reading for students and scholars in the field of state law, EU law and politics.

Download or read book The Member States of the European Union written by Simon Bulmer and published by . This book was released on 2020 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique overview of Europeanization which combines a thematic and country-by-country approach to understanding the relationship between member states and the EU.

Download or read book Effective Governance Under Anarchy written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2021-04-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

Download or read book The Implementation and Enforcement of European Union Law in Small Member States written by Ivan Sammut and published by Springer Nature. This book was released on 2021-03-11 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

Download or read book Centralised Enforcement Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Fundamentals of Clinical Data Science written by Pieter Kubben and published by Springer. This book was released on 2018-12-21 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book comprehensively covers the fundamentals of clinical data science, focusing on data collection, modelling and clinical applications. Topics covered in the first section on data collection include: data sources, data at scale (big data), data stewardship (FAIR data) and related privacy concerns. Aspects of predictive modelling using techniques such as classification, regression or clustering, and prediction model validation will be covered in the second section. The third section covers aspects of (mobile) clinical decision support systems, operational excellence and value-based healthcare. Fundamentals of Clinical Data Science is an essential resource for healthcare professionals and IT consultants intending to develop and refine their skills in personalized medicine, using solutions based on large datasets from electronic health records or telemonitoring programmes. The book’s promise is “no math, no code”and will explain the topics in a style that is optimized for a healthcare audience.