Subnational Authorities In Eu Law
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Subnational Authorities In Eu Law
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Author : Michèle Finck
language : en
Publisher: Oxford University Press
Release Date : 2017
Subnational Authorities In Eu Law written by Michèle Finck 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 with Law categories.
This book explores the role and status of local and regional authorities (also referred to as 'subnational authorities' or 'SNAs') in European Union law, and reveals the existence of two parallel yet opposed constitutional imaginations of the supranational legal order. Through a survey of various areas of EU law, including primary and secondary legislation, case law as well as various soft law instruments, Finck introduces two narratives. These are the 'outsider narrative' and the 'insider narrative' that frame these constitutional imaginations. According to the outsider narrative, the structure of the legal order is bi-centric, composed of the member states and the EU only. This narrative envisages SNAs as outsiders of EU law, whose interactions with Union law are merely of an indirect nature. However, in addition to this well-known account of EU law, a parallel yet distinct narrative can be identified according to which SNAs are insiders that entertain direct relations with the European Union and contribute to the substantive development of EU law. It is illustrated that the coexistence of both narratives has wider implications as it points towards a shift in the structure of the European legal order itself, which is transitioning from bi-centricity to polycentricity --Dust jacket.
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.
The Role Of Subnational Authorities In The Implementation Of Eu Directives
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Author : Enrico Borghetto
language : en
Publisher:
Release Date : 2009
The Role Of Subnational Authorities In The Implementation Of Eu Directives written by Enrico Borghetto and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with European Union countries categories.
Sub National Challenges To Europe S Constitutional Structure
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Author : Michèle Finck
language : en
Publisher:
Release Date : 2012
Sub National Challenges To Europe S Constitutional Structure written by Michèle Finck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
This LL.M. thesis investigates how European Union law reacts when sub-national actors behave as an autonomous level of public authority. It will look at how supranational law has traditionally dealt with sub-national actors and then examine whether Article 4(2) TEU, introduced into the European legal order by the Treaty of Lisbon, constitutes a new interpretative device having the potential to change the ways in which European Union law looks at these entities. My analysis will show firstly, that the sub-national scale has become increasingly important, both at domestic and European scales, during the past decades, something which is now also reflected by primary law since the enactment of Article 4(2) TEU. It will be seen secondly that it remains unclear whether this provision stands for the direct recognition of local and regional self-government or whether the latter is recognized only indirectly as forming part of the Member State's national identity. Thirdly, it will be seen that the case law preceding the insertion of Article 4(2) TEU into the framework of supranational law is rather heterogeneous. This draws a picture of incoherence as in some areas of the law the Court creates space for sub-national autonomies while in others it does not. Whether this will change under the influence of Article 4(2) TEU largely depends on how this provision will be interpreted in future times. I will illustrate that the Court could opt either for a bold or a more cautious approach in this respect. While the first option would allow to gently create some space for sub-national actors within EU law without conflicting with firmly established principles of the supranational legal order, the second approach could remedy the incoherence that currently characterises this area.
The Role Of Regions And Sub National Actors In Europe
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Author : Stephen Weatherill
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-06-15
The Role Of Regions And Sub National Actors In Europe written by Stephen Weatherill and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-06-15 with Law categories.
The essays gathered in this collection examine the involvement of self-governing sub-national and regional actors in the law and policy-making of the European Union. State power is today exercised in the context of the complex institutional environment of the EU. But what of regions and sub-national actors? Are their interests adequately represented; can they advance them or can they,at least, protect them from unwitting or calculated damage? This book surveys the broad questions of law and political science and investigates the contribution of the EU's Committee of the Regions and also 'bottom-up' initiatives launched by the regions themselves. Given that much regional autonomy has been hard won, one would suppose that the centralising influence flowing from the EU's intrusion into the domestic settlement would be treated with extreme caution by the regions. Moreover, among the Member States there is great diversity in the patterns of political organisation adopted to cope with the tension between the centralisation of power and respect for local autonomy. Case studies including Spain, Germany and Finland reveal that there is no single consistent historical narrative. States change, as the UK's recent experience illustrates. The book offers findings that are interesting at a general level in investigating patterns of multi-level governance, but is also rich in case-specific information.
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.
Regional Institutions And Governance In The European Union
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Author : José María Magone
language : en
Publisher: Praeger
Release Date : 2003-08-30
Regional Institutions And Governance In The European Union written by José María Magone and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-30 with Law categories.
Highlights some of the problems involved in the integration of regional, national, and supranational levels of governance in the European Union.
Procedures For Local And Regional Authority Participation In European Policy Making In The Member States
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Author : Committee of the Regions
language : en
Publisher:
Release Date : 2005
Procedures For Local And Regional Authority Participation In European Policy Making In The Member States written by Committee of the Regions and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
From Policy To Implementation In The European Union
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Author : Simona Milio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-09-30
From Policy To Implementation In The European Union written by Simona Milio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-30 with Political Science categories.
It has become apparent that a clear gap exists between European Union (EU) level policymaking and Member State implementation. Previous research has neglected to fully define factors that encourage or prevent implementation processes and instead focused on upstream decision making processes or downstream effects of policy. Simona Milio here proposes a shift in analytical focus towards policy-implementation since this constitutes a crucial common pathway that determines whether a policy actually becomes effective or not. EU implementation deficits appear to be influenced by problems related to the multi-level structure of European policy making. Successful implementation will only occur if relevant policy actors at national and sub-national levels are persuaded to co-operate with EU policy goals. Furthermore, this co-operation is not possible unless all parties manage the complex policy networks and implementation regimes responsible for putting European policies into force. Within this framework, this book answers three important questions: 1 Is the EU multi-level governance system weakening the implementation of policies? 2 Are national and sub-national governments capable of dealing with the challenges imposed by multi-level governance? 3 Which factors account for differences in implementation performance among Member States? In order to answer these questions, Simona Milio's research explores the influence of two variables on implementation processes: Administrative Capacity and Political Stability. Cohesion Policy is chosen as the focus of this study since it has demonstrated a dramatically different implementation pace among EU Member States over the past 20 years. Three EU Member States are chosen to test the hypothesis. Italy appears to be a pertinent example, given its constant struggle to conform to EU directives and to implement Cohesion Policy. Spain is chosen since, in contrast to the Italian scenario, it represents the best performing Member State in terms of implementation. Finally Poland is studied, as a case where a shift from centralization towards decentralization has occurred in order to implement Cohesion Policy and integrate the multi-level governance system.