Search Results for "accountability-and-legitimacy-in-the-european-union-oxford-studies-in-european-law"

Accountability and Legitimacy in the European Union

Accountability and Legitimacy in the European Union

  • Author: Anthony Arnull,Daniel Wincott
  • Publisher: Oxford University Press on Demand
  • ISBN: 9780199257102
  • Category: Law
  • Page: 537
  • View: 8898
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The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate willstart to crystallise in 2004, when negotiations on a new set of Treaty changes will begin. The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists

Independence and Legitimacy in the Institutional System of the European Union

Independence and Legitimacy in the Institutional System of the European Union

  • Author: Dominique Ritleng
  • Publisher: Oxford University Press
  • ISBN: 0198769792
  • Category:
  • Page: 248
  • View: 946
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As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

Blaming Europe?

Blaming Europe?

Responsibility Without Accountability in the European Union

  • Author: Sara B. Hobolt,James Tilley
  • Publisher: Oxford University Press
  • ISBN: 0199665680
  • Category: Political Science
  • Page: 186
  • View: 9522
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Examines how citizens attribute responsibility in the European Union, exploring how citizens assign blame to the EU, how politicians and the media attempt to shift blame, and how it matters for electoral democracy as voters are unable to hold their EU representatives to account.

Accountability in the European Union

Accountability in the European Union

  • Author: Carol Harlow
  • Publisher: Oxford University Press
  • ISBN: 9780199245932
  • Category: Law
  • Page: 198
  • View: 1571
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This important new book approaches the issue of democratic deficit from the angle of accountability, today seen as an essential element of democratic government. It looks at differing understandings of the concept in the EU Member States and at various techniques - political, legal, and managerial - by which accountability can be assured. These include the EU Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors.

The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law

  • Author: Anthony Arnull,Damian Chalmers
  • Publisher: Oxford University Press
  • ISBN: 0191653055
  • Category: Law
  • Page: 950
  • View: 7053
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Governing Public Health

Governing Public Health

EU Law, Regulation and Biopolitics

  • Author: Mark Flear
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782259740
  • Category: Law
  • Page: 304
  • View: 9464
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This book contributes towards EU studies and the growing discourse on law and public health. It uses the EU's governance of public health as a lens through which to explore questions of legal competence and its development through policy and concrete techniques, processes and practices, risk and security, human rights and bioethics, accountability and legitimacy, democracy and citizenship, and the nature, essence and 'future trajectory' of the European integration project. These issues are explored first by situating the EU's public health strategy within the overarching architecture of governance and subsequently by examining its operationalisation in relation to the key public health problems of cancer, HIV/AIDS and pandemic planning. The book argues that the centrality and valorisation of scientific and technical knowledge and expertise in the EU's risk-based governance means that citizen participation in decision-making is largely marginalised and underdeveloped ? and that this must change if public health and the quality, accountability and legitimacy of EU governance and its regulation are to be improved. Subsequently the book goes on to argue that the legitimating discourses of ethics and human rights, and the developing notion of EU (supra-)stewardship responsibility, can help to highlight the normative dimensions of governance and its interventions in public health. These discourses and dimensions provide openings and possibilities for citizens to power 'technologies of participation' and contribute important supplementary knowledge to decision-making.

The European Union

The European Union

Democratic Principles and Institutional Architectures in Times of Crisis

  • Author: Simona Piattoni
  • Publisher: Oxford University Press, USA
  • ISBN: 0198716273
  • Category: Political Science
  • Page: 298
  • View: 3899
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This book seeks to answer the question 'Which institutional architecture for which kind of democracy for the EU?' by bringing two important recent debates together- the institutional analysis of the Union and its democratic assessment. The book examines a series of institutional architectures in light of the democratic quality of the processes and decisions generated by them. The discussion of these various institutional architectures is preceded by an analysis of the democratic values and principles according to which institutional architectures and governance structures should be assessed. The first part of the volume starts from key democratic principles and indicates which institutional architectures are most likely to embody them. The second part is dedicated to those institutional architectures that best describe the current state of the European Union and its likely future development, particularly given the impact of the current economic crisis. The fundamental belief that animates this volume is that it is only by paying attention to the democratic legitimacy of the Union that the process of European integration may hope to be sustainable, particularly in the face of the difficult economic crisis that the members of the Euro-area and the Union in general are experiencing.

National Parliaments after the Lisbon Treaty and the Euro Crisis

National Parliaments after the Lisbon Treaty and the Euro Crisis

Resilience or Resignation?

  • Author: Jancic Davor
  • Publisher: Oxford University Press
  • ISBN: 0192509349
  • Category: Law
  • Page: 264
  • View: 7332
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A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integrations: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.

Political Representation and Legitimacy in the European Union

Political Representation and Legitimacy in the European Union

  • Author: Hermann Schmitt,J. J. A. Thomassen
  • Publisher: Oxford University Press on Demand
  • ISBN: 0198296614
  • Category: Political Science
  • Page: 306
  • View: 3374
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How severe a problem is what many call the 'democratic deficit' of the European Union? Despite a voluminous theoretical literature dealing with this question, there is hardly any systematic empirical investigation of the effectiveness of the system of political representation in the EU and of the legitimacy beliefs of EU citizens that spring from it. This volume elaborates a conceptual framework for the empirical analysis of the alleged democratic deficit. Four dimensions of legitimacy beliefs are identified and analysed: the European political community, the scope of EU government, the institutions and processes of EU government, and EU policies. Based upon large-scale representative surveys among the mass publics, and different strata of the political elite of the EU and its member-states, the book examines the conditions of political representation in the EU. The results demonstrate, by and large, that legitimacy beliefs of EU citizens are the more positive, the less specific the object of identification and evaluations is; and that the process of political representation works pretty well as long as issues other than European Union issues are concerned. These findings are finally discussed in view of familiar strategies for institutional reform of the European Union.

Political Responsibility and the European Union

Political Responsibility and the European Union

  • Author: Myrto Tsakatika
  • Publisher: Manchester University Press
  • ISBN: 1847796761
  • Category: Political Science
  • Page: 160
  • View: 6244
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This book addresses the question of political legitimacy in the European Union from the much neglected angle of political responsibility. It develops an original communitarian approach to legitimacy based on Alasdair MacIntyre's ethics of virtues and practices, that can be contrasted with prevalent liberal-egalitarian and neo-republican approaches. Tsakatika argues that a 'responsibility deficit', quite distinct from the often discussed 'democratic deficit', can be diagnosed in the European Union. This is documented in chapters that provide in-depth analysis of accountability, transparency and the difficulties associated with identifying responsibility in European governance. Closing this gap requires going beyond institutional engineering. It calls for gradual convergence towards certain core social and political practices and for the flourishing of the virtues of political responsibility in Europe's nascent political community. Throughout the book, normative political theory is brought to bear on concrete dilemmas of institutional choice faced by the EU during the recent constitutional debates. 'Political responsibility and the European Union' will be of interest to specialists and postgraduate students of political theory, constitutional law and European Union Studies.

Legitimacy in EU Cartel Control

Legitimacy in EU Cartel Control

  • Author: Ingeborg Simonsson
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847315682
  • Category: Law
  • Page: 440
  • View: 5575
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This book examines the law developed by the EU to control cartels. The law, including case-law, is carefully documented and analysed against a standard of legitimacy which questions the EU's enforcement measures, its institutional structures, policy choices, substantive law, evidentiary standards and procedures and sanctions. It includes a unique catalogue of over 150 EU cartel decisions, as well as novel analyses of difficult borderline issues such as mixed horizontal and vertical cartels, single-brand dealer cartels and buyer cartels. The effect on trade in cartel cases is analysed with reference to established law and deterrence theory. Throughout the book the author asks whether EU law also applies at the national level, or whether certain assessments need to be made according to national law. This approach makes the book particularly helpful for national authorities, courts and private practitioners. The book includes in-depth comparisons with US law as well as a comprehensive survey of the secondary (academic) literature on cartels. As such it presents not only a comprehensive practical view, but also a sound theoretical framework for better understanding cartel law. This is a work which will be of utmost importance to those working in competition authorities and competition courts in the EU Member States, as well as those working for EU institutions and in private practice and academia.

Counter-Terrorism Networks in the European Union

Counter-Terrorism Networks in the European Union

Maintaining Democratic Legitimacy after 9/11

  • Author: Claudia Hillebrand
  • Publisher: OUP Oxford
  • ISBN: 0191630608
  • Category: Law
  • Page: 258
  • View: 8709
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Counter-Terrorism Networks in the European Union: Maintaining Democratic Legitimacy after 9/11 presents a model of democratic legitimacy for within international counter-terrorism co-operation. Exploring the current practices of European Union (EU) counter-terrorism policing, developed after 9/11, it highlights the current significant challenges to democratic legitimacy and seeks to present tools and solutions which ensure 'democratic' counter-terrorism actions and the protection of human rights. Counter-terrorism policing is now a global concern, with co-operation between security authorities of different countries a crucial feature in the fight to prevent terrorism and extremism. Yet, given the emphasis on pre-emption, this type of policing tends to interfere to a far greater extent with the rights of the individual than traditional policing. This book scrutinises the current focus of enhanced communication between counter-terrorist associates at member-state and EU levels within Europe, alongside analysis of just how far the traditional, protective mechanisms of accountability and oversight are managing to keep up with this development. It proposes that current forms of counter-terrorism policing within the EU should be understood as networks - sets of expert institutional nodes or individual agents, from at least two countries - that are interconnected in order to authorize and provide security with regard to counter-terrorism, using the European Police Office (Europol) as a key example.

The Real World of EU Accountability

The Real World of EU Accountability

What Deficit?

  • Author: Mark Bovens,Deirdre Curtin,Paul 't Hart
  • Publisher: Oxford University Press
  • ISBN: 0199587809
  • Category: Law
  • Page: 221
  • View: 5791
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The Real World of EU Accountability examines how the European Union operates in practice and how and where its various institutions are held to account for the decisions they take and the power they wield.

The Federal Vision

The Federal Vision

Legitimacy and Levels of Governance in the United States and the European Union

  • Author: Kalypso Nicolaïdis,Robert Howse
  • Publisher: Oxford University Press
  • ISBN: 0199245010
  • Category: Political Science
  • Page: 537
  • View: 7839
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'Outstanding book... stimulating introduction... this is a volume that is rich in ideas and takes the debates over US and EU federal development in original and thought-provoking directions.' -Perspectives on European Politics and Society'The book is an important addition to the literature. It provides a comprehensive study of key issues facing the European Union, the major contemporary debates regarding its political system, and the parallels with similar debates in the United States.' -International JournalWhat is happening to the uneasy relationship between the States and the Union in the United States and the European Union? How to make subsidiarity and devolution work better on both sides of the Atlantic? And what are the new models of governance beyond the state that can sustain the challenge of legitimacy? This book brings together an impressive array of historians, political scientists, legal scholars and political economists to address these questions and articulate a Federal Vision for the 21st century.

The Constitution of European Democracy

The Constitution of European Democracy

  • Author: Dieter Grimm
  • Publisher: Oxford University Press
  • ISBN: 0198805128
  • Category: Law
  • Page: 252
  • View: 4085
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Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure.This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization ?of European treaties, which has occurred by raising them to the eminence ofa constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EUitself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of "parliamentarization" of the EU, giving the European Parliament the powers typicallypossessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, byhaving "Europeanized" parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to theresponsibility of member states even if this affects the common market.

People and Parliament in the European Union

People and Parliament in the European Union

Participation, Democracy, and Legitimacy

  • Author: Jean Blondel,Richard Sinnott,Palle Svensson
  • Publisher: Oxford University Press
  • ISBN: 0198293089
  • Category: Political Science
  • Page: 287
  • View: 6484
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The power of the European Parliament has been steadily and visibly increasing in recent years. This arises from EU treaty changes and from the fact that more and more decisions are being made at the European level. At the same time, however, the already low rate of turnout in European elections has actually been declining. This powerful new study examines a seemingly paradoxical situation which has raised deep concern about the democratic deficit in the European Union. The authors analyse the concepts of participation, democracy, and legitimacy and their applicability at the European level and develop a typology of voter participation and abstention in the European context. Combining extensive new data from specially commissioned surveys in all 1994 member states with a searching review of the existing evidence, they provide a comprehensive account of the legitimacy of the European Union and examine the images of the European Parliament, citizens experiences of the 1994 campaign and their perceptions of the parties and the candidates. In an analysis that challenges existing interpretations, the institutional, demographic, and attitudinal sources of participation and abstention are fully explored. The study concludes by considering how participation and democratic representation might be enhanced, acknowledging forthrightly the obstacles and inherent limits that such efforts are likely to face.

The Economic Performance of the European Union

The Economic Performance of the European Union

Issues, Trends and Policies

  • Author: Lubor Lacina,Jarko Fidrmuc,Antonin Rusek
  • Publisher: Palgrave Macmillan
  • ISBN: N.A
  • Category: Business & Economics
  • Page: 272
  • View: 8313
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This book brings together a range of economists to provide a balanced look at recent EU dynamics and economic performance, as well an exploration of future issues facing member states.

The Oxford Handbook of the European Union

The Oxford Handbook of the European Union

  • Author: Erik Jones,Anand Menon,Stephen Weatherill
  • Publisher: Oxford University Press
  • ISBN: 0199546282
  • Category: Political Science
  • Page: 893
  • View: 4549
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The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.

Law and Values in the European Union

Law and Values in the European Union

  • Author: Stephen Weatherill
  • Publisher: Oxford University Press
  • ISBN: 0199557268
  • Category:
  • Page: 480
  • View: 5250
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How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart. In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.

Accountability and European Governance

Accountability and European Governance

  • Author: Deirdre Curtin,Peter Mair,Yannis Papadopoulos
  • Publisher: Routledge
  • ISBN: 1317999568
  • Category: Political Science
  • Page: 264
  • View: 3241
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In recent years there has been a considerable effort in some transnational organizations and institutions to confront a crisis of legitimacy by promising more accountability and openness. This volume takes as its central focus the role of accountability in democratic governance, and attempts to position a broad understanding of the notion of accountability within the overall context of the evolving political system of governance in Europe and in particular of the European Union. Bringing together new work by some of the leading scholars in the field, this volume considers the relationship between accountability and a wide range of other themes in European governance such as problems of representation, transparency, bureaucracy, and transnational relations. The volume also deals with the role of accountability in multi-level governance, and its relationship to both direct democracy and civil society. This book was published as a special issue of West European Politics.