Law and Governance in an Enlarged European Union PDF Download

Author: George A. Bermann
Publisher: Hart Publishing
ISBN: 1841134260
Category : Law
Languages : en
Pages : 531

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Book Description
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.

Author: George A. Bermann
Publisher: Bloomsbury Publishing
ISBN: 1847310176
Category : Law
Languages : en
Pages : 530

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Book Description
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.

Author: Jan Zielonka
Publisher: Oxford University Press, USA
ISBN: 0199231869
Category : Business & Economics
Languages : en
Pages : 306

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Book Description
This book offers a strikingly new perspective on EU enlargement. Basing his findings on substantial empirical evidence, Zielonka presents a carefully argued account of the kind of political entity the European Union is becoming, with particular reference to recent enlargement.

Author: Jan Zielonka
Publisher: OUP Oxford
ISBN: 0191537713
Category : Political Science
Languages : en
Pages : 304

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Book Description
This book seeks to comprehend the evolving nature of the European Union following the fall of the Berlin Wall and the failure of the European Constitution. Its prime focus is the last wave of enlargement that has profoundly transformed the EU. Although there are many parallels between the European integration process and state building processes, the Union is nothing like a Westphalian super state. The new emerging polity resembles a kind of neo-medieval empire with a polycentric system of government, multiple and overlapping jurisdictions, striking cultural and economic heterogeneity, fuzzy borders, and divided sovereignty. The book tries to spell out the origin, the shape, and the implications of this empire. The aim of this book is to suggest a novel way of thinking about the European Union and the process of European integration. The book shows 'two Europes' coming together following the end of the cold war. It proposes a system of economic and democratic governance that meets the ever greater challenges of modernization, interdependence, and globalization. It identifies the most plausible scenario of promoting peaceful change in Europe and beyond. The author argues that mainstream thinking about European integration is based on mistaken statist assumptions and suggests more effective and legitimate ways of governing Europe than through adoption of a European Constitution, creation of a European army, or introduction of a European social model. The book covers many fields from politics, and economics to foreign affairs and security. It analyzes developments in both Eastern and Western Europe. It also gives ample room to both theoretical and empirical considerations.

Author: Deirdre Curtin
Publisher: Intersentia nv
ISBN: 9050953816
Category : Administrative law
Languages : en
Pages : 290

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Book Description
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.

Author: Fabrizio Cafaggi
Publisher: Edward Elgar Publishing
ISBN: 1848441274
Category : Law
Languages : en
Pages : 369

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Book Description
This is a remarkably ambitious work of scholarship. What can Europe bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise Europe ? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe. Stephen Weatherill, Somerville College, Oxford, UK The debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book s achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.

Author: Peter Mair
Publisher: Psychology Press
ISBN: 0714652873
Category : Europe
Languages : en
Pages : 224

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Book Description
The European Union will be a much more diversified entity after the forthcoming eastward enlargement. The applicant states from Eastern Europe are much poorer than the current member states from Western Europe. Their democracy and in some cases even their statehood is newly established and presumably more fragile. Their economic, legal and administrative structures are less developed. This collection of essays will try to examine the origin, nature, scale and implications of this divergence. How much divergence is likely to be imported by the Union and will it hamper the process of European integration? This volume looks at differences and similarities in the field of macro-economics, welfare systems, democracy, institutional infrastructure, civic orientations and popular culture. The book shows that the map of convergence and divergence in the future EU will be very complex and will not correspond exactly with the old east-west divide. Moreover, the division lines are constantly changing with the enlargement process representing an important factor pushing individual states into a single regulatory frame, if not in a common political direction. However, there are other "unifying" factors at play: globalization produces different models and loyalties than Europeanization. Moreover, the European pulling effect works unevenly in different functional fields and in different countries. There are also many factors that produce greater divergence rather than convergence across the European Union; a certain degree of divergence is thus unavoidable. The book shows, in particular, that certain types of divergence can be beneficial rather than merely detrimental in the process of Europeanintegration.

Author: Charles F. Sabel
Publisher: Oxford University Press on Demand
ISBN: 0199572496
Category : Law
Languages : en
Pages : 385

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Book Description
This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.

Author: Dimitry Kochenov
Publisher: Kluwer Law International B.V.
ISBN: 9041126961
Category : Law
Languages : en
Pages : 402

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Book Description
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.

Author: Paul P. Craig
Publisher:
ISBN: 0199592969
Category : Law
Languages : en
Pages : 985

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Book Description
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.