Multilevel Regulation And The Eu
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Multilevel Regulation And The Eu
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Author : Andreas Føllesdal
language : en
Publisher: BRILL
Release Date : 2008
Multilevel Regulation And The Eu written by Andreas Føllesdal and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of a ~multilevel regulationa (TM) as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. Apart from mapping multilevel regulation on the basis of a number of case studies, the book analyses its consequences in relation to forms of legal protection and legitimacy. In that respect it proposes an agenda for research to study how to cope with multilevel regulation. This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.
Multilevel Governance In The European Union
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Author : Nick Bernard
language : en
Publisher: Springer
Release Date : 2002-04-10
Multilevel Governance In The European Union written by Nick Bernard and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-10 with Law categories.
There can be little doubt that the "benign neglect" from which the EC/EU so long benefited has come to an end. As European institutions expand and affect member State citizens in an ever more direct manner, issues of supranational governance and constitutionalism surge to the fore in every sphere of activity. These issues do not easily lend themselves to resolution. Scholars are in general agreement that the EU, although it displays some features of federalism, is a new kind of entity that continues to resist any known constitutional model. Multilevel Governance in the European Union presents the EU as a system in which public power is divided into layers of government where each layer retains autonomous power and none can claim ultimate power over the others. The author invites us to regard the EU as the product of the need for cross-border common action over a wide range of economic and social issues in the context of the absence of a conscious and willing European demos. He argues against a purely intergovernmental understanding of the EU just as much as against a purely supranational one. With a wealth of reference to caselaw, he shows that co-operation and co-ordination rather than assertion of ultimate authority are the principles on which the EU legal order is organised. The implications for law and constitutionalism are profound. The law is less the expression of a programme of government than the result of interaction between multiple stakeholders and the constitution less a set of fixed boundaries on power than a framework to organise that interaction.
Multilevel Regulation Of Military And Security Contractors
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Author : Christine Bakker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-10
Multilevel Regulation Of Military And Security Contractors written by Christine Bakker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-10 with Law categories.
The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
European Regulation Of Medical Devices And Pharmaceuticals
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Author : Nupur Chowdhury
language : en
Publisher: Springer Science & Business
Release Date : 2014-04-29
European Regulation Of Medical Devices And Pharmaceuticals written by Nupur Chowdhury and has been published by Springer Science & Business this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-29 with Law categories.
One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation. In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products – specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.
Subsidiarity And Eu Multilevel Governance
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Author : Serafín Pazos-Vidal
language : en
Publisher: Routledge
Release Date : 2019-02-25
Subsidiarity And Eu Multilevel Governance written by Serafín Pazos-Vidal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-25 with Political Science categories.
This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.
Innovative Approaches To Eu Multilevel Implementation
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Author : Eva Thomann
language : en
Publisher: Routledge
Release Date : 2019-10-23
Innovative Approaches To Eu Multilevel Implementation written by Eva Thomann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-23 with Political Science categories.
Multi-level governance systems like the European Union (EU) calibrate integration with member state discretion in order to implement common, yet context-sensitive solutions to shared policy problems. Research on implementation in the EU typically focuses on legal compliance with EU policy. However, this focus gives us an incomplete picture of EU implementation, its diversity and practice. The contributions of this collection represent a shift toward a more performance-oriented perspective on EU implementation as problem-solving. They approach implementation fundamentally as a process of interpretation of superordinate law by actors who are embedded within multiple contexts arising from the coexistence of dynamics of Europeanization, on the one hand, and what has been termed ‘domestication’, on the other. Moving beyond legal compliance, the contributions provide new evidence on the diversity of domestic responses to EU policy, the roles and motivations of actors implementing EU policy, and the ‘black box’ of EU law in action and its enforcement. By reassessing the relative importance of EU policy and domestic factors and actors for the outcomes of EU implementation, the results give insight into on the nuanced interplay between Europeanization and domestication forces, useful for both EU researchers and practitioners. The chapters originally published as a special issue in the Journal of European Public Policy.
The Sub National Dimension Of The Eu
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Author : Carlo Panara
language : en
Publisher: Springer
Release Date : 2015-03-02
The Sub National Dimension Of The Eu written by Carlo Panara and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-02 with Law categories.
This book is the first monograph-form legal study on multilevel governance in the EU and represents a radical change in the approach to this topic. Particularly after the Treaty of Lisbon’s entry into force, research on multilevel governance can no longer remain confined to the analysis of political dynamics or of soft law arrangements. Multilevel governance emerges as a constitutional principle in the European constitutional space, envisaging a method of governance based on the strong involvement of sub-national authorities in the creation and implementation of EU law and policy. Its foundation is in the mosaic resulting from the constitutional systems of the Union and its Member States. Multilevel governance arrangements play a fundamental part in achieving key Treaty objectives (such as subsidiarity, respect for the national identities of the Member States including regional and local self-government, openness, and closeness to the citizen). These arrangements lend legitimacy to EU decision-making, while also promoting constitutionalism and democracy in the EU.
Subnational Authorities And The European Union
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Author : Stephan Lutzenberger
language : en
Publisher: Springer Nature
Release Date : 2022-02-21
Subnational Authorities And The European Union written by Stephan Lutzenberger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-21 with Political Science categories.
The European Union, as a regulatory polity based on integration through law, arguably relies more on legal compliance with its policies than any other political system. Proceeding from this point of departure, this book puts the spotlight on the subnational tier and scrutinizes its role in ensuring compliance. Drawing on a dataset of infringement proceedings against federal and regionalized member states, the book shows that strong shared rule, i.e., strong cooperation between national and subnational authorities, can improve national compliance records. In contrast, policy sectors with strong redistributive consequences impair subnational authorities’ capacity to comply. In short, policy and politics matter more than polity.
Multi Level Regulation In The Telecommunications Sector
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Author : D. Aubin
language : en
Publisher: Springer
Release Date : 2016-04-30
Multi Level Regulation In The Telecommunications Sector written by D. Aubin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Political Science categories.
Through a comparison of the telecommunications sectors in four small EU-countries, an outstanding cast of contributors explore how regulatory authorities at international, EU-, national and regional level within and between sectors coordinate their regulatory decisions in order to provide coherent regulation of markets.
Cross Border Services
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Author : Stein Evju
language : en
Publisher:
Release Date : 2013
Cross Border Services written by Stein Evju and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.