Download or read book The Politics of Legal Expertise in EU Policymaking written by Päivi Leino-Sandberg and published by Cambridge University Press. This book was released on 2021-09-23 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.

Download or read book Law Legal Expertise and EU Policy Making written by Emilia Korkea-aho and published by Cambridge University Press. This book was released on 2022-10-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.

Download or read book The Contestation of Expertise in the European Union written by Vigjilenca Abazi and published by Springer Nature. This book was released on 2020-11-16 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the position and role of expertise in European policy-making and governance. At a time when the very notion of expertise and expert advice is increasingly losing authority, the book addresses these challenges by empirically examining specific administrative processes and institutional designs in the European Union. The first part of the volume theorizes expertise and its contestation by examining accounts of the legitimate institutional design of knowledge production processes and exploring the theoretical links of Europeanisation and expertise. The second part of the book delves into empirical institutionalist accounts of expertise and maps the role of experts in a variety of EU institutions but also explains the implications when EU bodies themselves are in an ‘expert’ position, such as agencies. The book offers insights into how individual experts deal with the challenge of producing reports that will be heard by policy-makers, while at the same time preserving their independence. Broadening its scope, the book then expands the analysis to the role of advisory committees in light of the shift from a reliance primarily on in-house expertise to including more external experts in advisory groups in the European Commission and European Parliament as well as at the European External Action. In the third part, the book opens the lens to developments beyond the EU by taking into account two highly pertinent fields: climate change and trade. These fields are highly complex, fast-developing, and politicised issues, and the book engages with them in order to provide an outside-in perspective on expertise. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Download or read book The Ghostwriters written by Tommaso Pavone and published by Cambridge University Press. This book was released on 2022-04-07 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

Download or read book Policy making in the European Union written by Helen S. Wallace and published by Oxford University Press, USA. This book was released on 1996 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a fully revised edition of a well-established text for students. It offers an invaluable and up-to- date interpretation of the European policy process. Helen Wallace and William Wallace have assembled a team of internationally-renowned authors to present fourteen case studies --ranging from analyses of the CAP and environmental policy, to the politics of Economic and Monetary Union and the new World Trade Organisation. Helen Wallace also provides, in the two opening chapters, an introduction and overview of European politics, policy, and institutions. In concluding thevolume, William Wallace reflects on the future for the EU as it faces calls for ever closer political integration. Policy-Making in the European Union provides the student with a timely and provocative insight into European integration in a period of critical change.

Download or read book External Expertise in EU Policy Making written by Gianluca Sgueo and published by . This book was released on 2017 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: External expertise plays an important role in European Union (EU) policymaking. In an increasingly complex multi-tiered environment, EU policymakers are requested to provide timely responses on a variety of issues in which several interests are at stake. External expertise provides the EU institutions with a way to address these issues efficiently and build political consensus.Attempts to regulate the role of external expertise in EU policymaking date back as far as the early 2000s, when the European Commission released the first guidelines for the use of expertise and advice in policymaking. In 2005 a register of expert groups was established. By June 2016, a total of 27 199 members were recorded on that register. These members made up 820 'Commission expert groups'.The role of experts and external advisers in EU policymaking remains controversial. Concerns include the neutrality, transparency and balance of external expertise. Following a 2014 European Ombudsman investigation, the European Commission announced that a revised register of expert groups would be operational by the first quarter of 2016. Revised rules for the expert groups were adopted at the end of May 2016. Further changes have been introduced by the Interinstitutional Agreement on Better Law-Making between the European Parliament, Council and Commission. The own-initiative report being drafted by the Parliament's Committee on Budgetary Control may also influence the way the system evolves.

Download or read book Eurolegalism written by R. Daniel Kelemen and published by Harvard University Press. This book was released on 2011-04-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

Download or read book Teaching European Union Politics written by Viviane Gravey and published by Edward Elgar Publishing. This book was released on 2024-01-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we teach EU politics? What should EU politics students learn? What are the practical approaches and techniques to teaching EU politics? In response to these questions, Teaching European Union Politics analyses the interdisciplinary nature of teaching this broad subject and reflects on a wide range of educational approaches. It both advances the pedagogy and practice of teaching EU politics, and provides practical support for those looking to adopt innovative and learner-oriented techniques.

Download or read book The Politics of Justice in European Private Law written by Hans-W Micklitz and published by Cambridge University Press. This book was released on 2018-11-15 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares national concepts of social justice with the developing European concept of access justice.

Download or read book Research Handbook on the Politics of EU Law written by Paul J. Cardwell and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.

Download or read book Conflict and Transformation written by Christian Joerges and published by Hart Publishing. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the "integration through law" ideology. Secondly, the book sets out the systematic neglect of "the economic" and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century"--

Download or read book Revisiting Judicial Politics in the European Union written by Mark Dawson and published by Edward Elgar Publishing. This book was released on 2024-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice. Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice. This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions.

Download or read book EU Policy Making on GMOs written by Mihalis Kritikos and published by Springer. This book was released on 2017-11-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development and implementation of the EU’s legislative framework on the commercial release of GMO products as a case study of social regulation operating within a predominantly technical framework. The analysis and findings are based on an extensive documentary analysis and interviews with regulators, risk assessors, public interest groups and biotechnology experts at the national and European levels. It argues that in the case of the EU biotechnology framework, the particular institutional settings created for the formulation and interpretation of its provisions have been of decisive importance in elaborating a proceduralised ‘science-based’ prior authorization scheme as the preferred framework for granting commercial permits. This interdisciplinary work will appeal to EU lawyers, decision-makers and risk managers as well as academics working in the fields of EU studies, politics, law, risk governance sociology of science/risk and technology assessment. The book is based on a PhD thesis that was awarded with the 2008 UACES Prize for the Best Thesis in European Studies in Europe and with the EPEES 1st Prize for the Best Thesis written by a Greek Researcher between 2004 and 2008.

Download or read book Fundamentals of EU VAT Law written by Frank Nellen and published by Kluwer Law International B.V.. This book was released on 2020-08-19 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.

Download or read book In visible European Government written by Maarten Hillebrandt and published by Taylor & Francis. This book was released on 2023-12-22 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.

Download or read book Technocracy and the Law written by Alessandra Arcuri and published by Routledge. This book was released on 2021-05-27 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.

Download or read book Towards a Sustainable European Company Law written by Beate Sjåfjell and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo 'shareholder value' when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: 'Shareholder primacy' is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a 'market for corporate control' as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight - and the innumerable recognitions that support it - this book is a timely and exciting new resource for lawyers and academics in 'both camps' those on the activist side of the issue, and those with company or official policymaking responsibilities.