Eu Soft Law In The Member States
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Eu Soft Law In The Member States
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Author : Mariolina Eliantonio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-25
Eu Soft Law In The Member States written by Mariolina Eliantonio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.
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.
Soft Law In European Community Law
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Author : Linda Senden
language : en
Publisher: Hart Publishing
Release Date : 2004-09-28
Soft Law In European Community Law written by Linda Senden and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09-28 with Law categories.
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.
Complying With Europe
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Author : Gerda Falkner
language : en
Publisher: Cambridge University Press
Release Date : 2005-05-26
Complying With Europe written by Gerda Falkner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-05-26 with Law categories.
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.
Soft Law And Its Importance In Ensuring Member States Compliance With Union Law
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Author : Paul Weismann
language : en
Publisher:
Release Date : 2023-10
Soft Law And Its Importance In Ensuring Member States Compliance With Union Law written by Paul Weismann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10 with categories.
Soft law and its role in the enforcement of EU law: Apart from the Treaty infringement procedure there are more and more procedures, mostly laid down in secondary law, by which the EU - often using soft law - ensures Member States' compliance with EU law. This development entails a considerable transforming power. It deserves not only a foundational, mainly competence-oriented analysis of EU soft law, but also a systemic and legal account of these procedures in which it is often EU agencies - instead of the Commission and the European Court of Justice, as provided for in the TFEU - which, largely beyond public attention, interpret EU law and, on this basis, try to enforce it vis-a-vis the Member States.
The Legal Effects Of Eu Soft Law
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Author : Petra L. Láncos
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
The Legal Effects Of Eu Soft Law written by Petra L. Láncos and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-01 with Law categories.
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.
Research Handbook On Soft Law
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Author : Mariolina Eliantonio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
Research Handbook On Soft Law written by Mariolina Eliantonio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-03 with Law categories.
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.
The Enforcement Of Eu Law And Values
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Author : András Jakab
language : en
Publisher: Oxford University Press
Release Date : 2017-04-07
The Enforcement Of Eu Law And Values written by András Jakab and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-07 with Law categories.
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.
Soft Law In Governance And Regulation
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Author : Ulrika Mörth
language : en
Publisher: Edward Elgar Publishing
Release Date : 2004
Soft Law In Governance And Regulation written by Ulrika Mörth and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
A rising interdependence among the members of international society and of global civil society has led to an increasing demand for governance without government. The new regulatory mode is characterized as a 'soft law' framework. The contributors to this book define soft law in terms of legally non-binding rules, such as recommendations, codes of conduct and declarations, though they acknowledge the difficulty sometimes faced in differentiating between hard and soft law, whose boundaries are, in practice, often blurred. Focussing largely on the European experience, the book shows how soft law in the EU has become an important regulatory tool in traditional policy areas, like state aid, and in new policy areas, especially within EU's employment policy. It also extends the analysis to the international stage, arguing that international institutions, such as the OECD, the UN, the IMF and the World Bank, have for decades used soft law as a means, indeed their only means, of regulating international agreements. Comparisons between the two arenas are then drawn and indicate very different roles for soft law. This book will appeal to scholars of European law and politics as well as those involved with or interested in the policy implications of this mode of governance.
Implementing Eu Mobility Partnerships
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Author : Fanny Tittel-Mosser
language : en
Publisher: Routledge
Release Date : 2020-06-08
Implementing Eu Mobility Partnerships written by Fanny Tittel-Mosser and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-08 with Law categories.
This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.
Europeanisation Soft Law And The Crisis
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Author : Niclas Beinborn
language : en
Publisher: Springer Nature
Release Date : 2023-12-23
Europeanisation Soft Law And The Crisis written by Niclas Beinborn and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-23 with Political Science categories.
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).