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Author: Niclas Beinborn Publisher: Springer Nature ISBN: 3658432446 Category : Political Science Languages : en Pages : 197
Book Description
Influence of “hard” law on national policies still is a central topic in Europeanisation research. One aspect often overlooked is the impact of “soft” law instruments such as the “Open Method of Coordination” (OMC). Through the OMC all member states agree on common goals and exchange “best practices” to improve policy coordination in a certain area without the obligation (how) to design policies. OMC impacts in individual member states have been studied extensively, yet a comparative perspective explaining their variance is lacking. This study by Niclas Beinborn tries to fill this gap by analysing the different impacts of a recent OMC: the European Youth Strategy 2010 (EUYS). His analysis is twofold: in a first step he applies theory-driven fuzzy-set QCA to a novel dataset depicting the variance of national activities around the EUYS. As causalities remain unclear, in a second step he presents an innovative analysis framework encompassing two dimensions – national motivation and relative openness to implement non-binding EU law – to define ideal types of OMC adaptation. Case studies on the EUYS in Germany and Ireland proof the potential of this framework to explain why and how OMCs work (differently).
Author: Niclas Beinborn Publisher: Springer Nature ISBN: 3658432446 Category : Political Science Languages : en Pages : 197
Book Description
Influence of “hard” law on national policies still is a central topic in Europeanisation research. One aspect often overlooked is the impact of “soft” law instruments such as the “Open Method of Coordination” (OMC). Through the OMC all member states agree on common goals and exchange “best practices” to improve policy coordination in a certain area without the obligation (how) to design policies. OMC impacts in individual member states have been studied extensively, yet a comparative perspective explaining their variance is lacking. This study by Niclas Beinborn tries to fill this gap by analysing the different impacts of a recent OMC: the European Youth Strategy 2010 (EUYS). His analysis is twofold: in a first step he applies theory-driven fuzzy-set QCA to a novel dataset depicting the variance of national activities around the EUYS. As causalities remain unclear, in a second step he presents an innovative analysis framework encompassing two dimensions – national motivation and relative openness to implement non-binding EU law – to define ideal types of OMC adaptation. Case studies on the EUYS in Germany and Ireland proof the potential of this framework to explain why and how OMCs work (differently).
Author: Mariolina Eliantonio Publisher: Bloomsbury Publishing ISBN: 1509932054 Category : Law Languages : en Pages : 392
Book Description
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.
Author: Francis Snyder Publisher: ISBN: Category : Languages : en Pages : 16
Book Description
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.
Author: Dorte Martinsen Publisher: Routledge ISBN: 1317509498 Category : Political Science Languages : en Pages : 279
Book Description
While the EU legitimacy crisis and the Great Recession prevail, certain European Union principles and policies have to be implemented in the member states. This volume explores the diverse processes, stages and subjects of implementation in a variety of social policies to identify different institutional dynamics and actor behaviours at play. The individual contributions examine the transposition of the patients’ rights directive to the Europeanisation of pension reforms; the role of national parliaments in transposing social Europe; judicial Europeanisation; and the multi-level enforcement of EU decisions. Theoretically, the contributions in this book highlights the fact that implementation is often conditioned by domestic politics or comes as a ‘random walk’ due to organisational and cognitive constraints. Empirically, the volume has three main findings. First, the constitutive components of the EU tend to have a contradictory impact on the EU’s social policies and the national welfare systems. Second, crises influence the implementation of social Europe, at times leading to a modification of fundamental principles and content, but not across the board. Third, as a result, there is evidence of differentiated Europeanisation. This book was originally published as a special issue of West European Politics.
Author: Gerda Falkner Publisher: Cambridge University Press ISBN: 9780521615136 Category : Political Science Languages : en Pages : 420
Book Description
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. It examines 90 case studies across a range of EU Directives and clarifies contemporary issues in political science, integration theory, and social policy. The study concludes that major implementation failures prevail and that, to date, the European Commission has not been able to adequately perform its control function.
Author: Linda Senden Publisher: ISBN: 9781472563101 Category : Law Languages : en Pages : 533
Book Description
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.
Author: Linda Senden Publisher: Bloomsbury Publishing ISBN: 1847311105 Category : Law Languages : en Pages : 590
Book Description
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.
Author: Pierre Georges Van Wolleghem Publisher: Palgrave Macmillan ISBN: 9783319976815 Category : Political Science Languages : en Pages : 0
Book Description
This book addresses a timely, yet largely overlooked, issue in political science: the integration of migrants in a multilevel polity. In a context characterised by the increasing salience of migration-related questions, and despite the gradual construction of a European Union immigration policy over the past two decades, no competence was ever created on integration matters. The emergence of a consistent ensemble of soft instruments in this policy realm in the 2000s unveiled an original pattern of EU policy formation. Can there be Europeanization without an EU competence? That is the question this original piece of research tackles. It shows how the way in which the policy emerged at EU level affected policy outputs adopted thereafter throughout the policy cycle. Mixing qualitative and quantitative methods, it explains the development of the EU integration policy and examines its main policy device, the European Integration Fund, from negotiation to implementation.
Author: András Jakab Publisher: Oxford University Press ISBN: 0191063517 Category : Law Languages : en Pages : 715
Book Description
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.