Download or read book The Legal Effects of EU Soft Law written by Petra L. Láncos and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
Download or read book EU Soft Law in the Member States written by Mariolina Eliantonio and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.
Download or read book Research Handbook on Soft Law written by Mariolina Eliantonio and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering Research Handbook provides an in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Through theoretical and empirical analyses by established voices in the field, the Research Handbook offers important insights and much-needed clarity into the dynamic and complex nature of soft law. This title contains one or more Open Access chapters.
Download or read book Soft Law in European Community Law written by Linda Senden and published by Hart Publishing. This book was released on 2004-09-28 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
Download or read book Soft Law in European Community Law written by Linda Senden and published by Bloomsbury Publishing. This book was released on 2004-09-30 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU),and its use by the European Commission and Council of Ministers. It focusses upon how soft law fits into the Community legal system, and how it is used, and, in particular, how it relates to Community legislation. Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action. This is a work which will interest legal practitioners confronted with the use of soft law and the question of its possible legal effect in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.
Download or read book Legitimacy and Effectiveness of ESMA s Soft Law written by van Rijsbergen, Marloes and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.
Download or read book The Europeanisation of Law written by Francis G. Snyder and published by Hart Publishing. This book was released on 2000-09-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Download or read book Soft Law and Governance written by Francis Snyder and published by . This book was released on 2018 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous legal systems, indeed perhaps all of them, make use not only of legally binding norms but also of 'soft law', measures which are not legally binding but which nevertheless have practical and even legal effects. The European Union (EU) is no exception to this generalisation. Since 1979, and in particular since the 1992 Maastricht Treaty on the European Union, the EU has elaborated systematically and instrumentally a variety of soft law measures in pursuit of a wide range of public policy objectives. This paper aims to present selected aspects of the EU experience with soft law. The EU experience, both domestically and in international relations, may be of interest to other countries, which seek to combine legally binding measures and soft law in the service of economic and social regulation, if only because the EU experience reminds us that that social, political, legal, economic and cultural contexts shape and condition the choice, use and effectiveness of different types of norms, including soft law. In turn, such a reflection on its own experience within an implicitly comparative framework may be instructive for the EU itself. In the midst of the current financial crisis, the EU may be at a turning point, and there is considerable discussion about how best to regulate financial markets and other markets, whether through legally binding measures or soft law. Consequently, this paper is in the nature of a 'think piece', intended to raise questions and to provoke reflection, drawing considerably on my own research rather than being a systematic presentation of the subject. This paper argues that, in the EU, certain basic features of regional integration have given rise to the frequent use of soft law. This argument is developed in three parts. A first part introduces some basic features of the EU today. The second, main part considers examples of soft law in the EU. Finally, the concluding remarks consider what, in sum, we can learn from the EU experience.
Download or read book Soft Law in Court written by Oana Ştefan and published by . This book was released on 2013 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of soft law and the courts -- The geometry of soft law references -- The soft law champions : frequent judicial references to particular instruments -- The legal status of soft law -- The relationship between soft and hard law : hierarchical hybridity -- The legal effects recognized by the courts for soft law -- The binding effects of soft law -- A principled approach to soft law -- Conclusion. Judicialization of legal hybrids in a constitutional pluralist environment.
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 Social Policy Agenda written by European Commission and published by . This book was released on 2000 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.The political context - 2. he challenges and opportunities ahead - 3.The approach - 4.The objectives and actions - 5.Follow-up and monitoring - 6.Conclusion.
Download or read book Swiss Public Administration written by Andreas Ladner and published by Springer. This book was released on 2018-08-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Swiss citizens approve of their government and the way democracy is practiced; they trust the authorities and are satisfied with the range of services Swiss governments provide. This is quite unusual when compared to other countries. This open access book provides insight into the organization and the functioning of the Swiss state. It claims that, beyond politics, institutions and public administration, there are other factors which make a country successful. The authors argue that Switzerland is an interesting case, from a theoretical, scientific and a more practice-oriented perspective. While confronted with the same challenges as other countries, Switzerland offers different solutions, some of which work astonishingly well.
Download or read book The Legal Effects of EU Agreements written by Mario Mendez and published by Oxford University Press, USA. This book was released on 2013-03-07 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive analysis of the legal effects of EU agreements explored in both comparative perspective and in terms of the ramifications for the legal orders of the member states. The book provides a thorough analysis of the case-law in this increasingly important area of EU law, valuable to academics and practitioners alike.
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Download or read book Legitimacy and Effectiveness of ESMA s Soft Law written by Marloes van Rijsbergen and published by Edward Elgar Publishing. This book was released on 2021-10-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies' soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA's existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the 'hard' effect of these soft laws. Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA's soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns. Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA's soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.
Download or read book Relying on EU Soft Law Before National Competition Authorities written by Oana Andreea Stefan and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Instruments deprived of legally binding force according to Article 288 TFEU -- notices, guidelines, communications, etc. -- have been issued in EU competition law since the 1960s. Bearing a vast variety of names and coming in different forms, all these instruments can be gathered under the umbrella notion of "soft law." As experienced in international law contexts, the legal or practical effects that soft law can produce in the absence of legally binding force remain rather unclear, which makes the enforceability of such instruments problematic. This is particularly worrying given the current system of EU competition law enforcement. Following Regulation 1/2003, the enforcement of EU competition law occurs in a multi-level setting, with cases being dealt with at the national or at the European level by authorities organized within the European Competition Network ("ECN"). In this context, national competition authorities, national courts, and the European Commission are all called to apply EU Treaty provisions and EU secondary legislation to competition cases. However, while the European Commission is required to observe EU notices and guidelines in the cases it deals with, no such obligation exists for national competition authorities. This might result in inequality of treatment alongside the ECN, as individuals involved in cases decided at the central level may expect guidelines and notices to apply, but are not entitled to expect the same should their case be treated nationally. In the recent Expedia case the Court of Justice of the European Union ("CJEU") failed to address this inequality, while favoring a large margin of discretion and autonomy for national competition authorities in the enforcement of EU law. The case exposes the tension between, on the one hand, the need to accommodate diversity in the enforcement of EU competition rules by respecting the autonomy of national competition authorities operating within the ECN and, on the other hand, the imperative to preserve legal certainty for individuals, as well as effectiveness and consistency in the application of EU law.
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.
