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 Centralized Enforcement Legitimacy and Good Governance in the EU written by Melanie K. Smith and published by . This book was released on 2009 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Governance and the European Union written by Deirdre Curtin and published by Intersentia nv. This book was released on 2005 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches the notion of good governance from three different angles. First it establishes whether it is a meaningful notion at all by taking a closer look at the parameters of good governance. Secondly, the authors look at the institutional translation of the criteria of good governance. In a third dimension, the concept may be analysed in relation to a number of substantive issues.
Download or read book New Directions in the Effective Enforcement of EU Law and Policy written by Sara Drake and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.
Download or read book Accountability and Legitimacy in the European Union written by Anthony Arnull and published by Oxford University Press, USA. This book was released on 2002 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.
Download or read book Centralized 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 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and remains unchanged since the original Treaty of Rome. This book examines Article 226 in the light of contemporary debates including concepts such as democracy, legitimacy, good administration and good governance in the EU.
Download or read book Good Governance in Europe s Integrated Market written by Christian Joerges and published by Oxford University Press, USA. This book was released on 2002 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the constitutional and the administrative law dimensions of the developing European market governance, this volume considers the changes which have occurred from the perspective of both legal and social theory.
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 292 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 Law and Governance in Postnational Europe written by Michael Zürn and published by Cambridge University Press. This book was released on 2005-02-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.
Download or read book Experimentalist Governance in the European Union written by Charles F. Sabel and published by OUP Oxford. This book was released on 2010-02-25 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Good Governance and Legitimacy in the EU written by Melanie Smith and published by . This book was released on 2007 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Governance in the European Union written by Olivier de Schutter and published by . This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Legitimacy of The European Union through Legal Rationality written by Richard Ball and published by Routledge. This book was released on 2013-10-15 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.
Download or read book Differentiated Integration written by Dirk Leuffen and published by Palgrave Macmillan. This book was released on 2012-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Far from displaying a uniform pattern of integration, the European Union varies significantly across policy areas, institutional development and individual countries. Why do some policies such as the Single Market attract non-EU member states, while some member states choose to opt out of other EU policies? In answering these questions, this innovative new text provides a state-of-the-art introduction to the study of European integration. The authors introduce the most important theories of European integration and apply these to the trajectories of key EU policy areas – including the single market, monetary policy, foreign and security policy, and justice and home affairs. Arguing that no single theory offers a completely convincing explanation of integration and differentiation in the EU, the authors put forward a new analytical perspective for describing and explaining the institutions and policies of the EU and their development over time. Written by a team of prominent scholars in the field, this thought-provoking book provides a new synthesis of integration theory and an original way of thinking about what the EU is and how it works.
Download or read book Global Data Protection in the Field of Law Enforcement written by Cristina Blasi Casagran and published by Routledge. This book was released on 2016-06-10 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines a key aspect of regulatory policy in the field of data protection, namely the frameworks governing the sharing of data for law enforcement purposes, both within the EU and between the EU and the US and other third party countries. The work features a thorough analysis of the main data-sharing instruments that have been used by law enforcement agencies and the intelligence services in the EU and in the US between 2001 to 2015. The study also explores the challenges to data protection which the current frameworks create, and explores the possible responses to those challenges at both EU and global levels. In offering a full overview of the current EU data-sharing instruments and their data protection rules, this book will be of significant benefit to scholars and policymakers working in areas related to privacy, data protection, national security and EU external relations.
Download or read book Engaging Central Asia written by Bhavna Dave and published by CEPS. This book was released on 2008 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In July 2007, the European Union initiated a fundamentally new approach to the countries of Central Asia. The launch of the EU Strategy for Central Asia signals a qualitative shift in the Union's relations with a region of the world that is of growing importance as a supplier of energy, is geographically situated in a politically sensitive area - between China, Russia, Iran, Afghanistan and the south Caucasus - and contains some of the most authoritarian political regimes in the world. In this volume, leading specialists from Europe, the United States and Central Asia explore the key challenges facing the European Union as it seeks to balance its policies between enhancing the Union's energy, business and security interests in the region while strengthening social justice, democratisation efforts and the protection of human rights. With chapters devoted to the Union's bilateral relations with Kazakhstan, Uzbekistan, Turkmenistan and Tajikistan and to the vital issues of security and democratisation, 'Engaging Central Asia' provides the first comprehensive analysis of the EU's strategic initiative in a part of the world that is fast emerging as one of the key regions of the 21st century."--BOOK JACKET.
Download or read book EU External Relations and Systems of Governance written by Paul James Cardwell and published by Routledge. This book was released on 2009-12-04 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Paul James Cardwell takes the Euro-Mediterranean Partnership (EuroMed) as a case study. Not initially a CFSP project, EuroMed has become the frame for EU foreign policy in the region as an emerging system of governance in which the EU institutions play a central role. Having recently been relaunched as the Barcelona Process: Union for the Mediterranean, it is a topical subject. With the increasing importance of migration on the EU’s agenda, the book looks at the relationship between migration, EuroMed and the CFSP and argues that the legal effects of the CFSP can be felt beyond the Treaty-based instruments. EU External Relations and Systems of Governance will be of interest to students and scholars of Law, Politics and European studies researching in the dynamic fields of EU external relations and foreign policy, as well as policy-makers and non-governmental organisations striving to better understand how the EU and its systems of governance operate.
