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: 3996
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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: 5186
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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.

Law, Legitimacy, and European Governance

Law, Legitimacy, and European Governance

Functional Participation in Social Regulation

  • Author: Stijn Smismans
  • Publisher: Oxford University Press on Demand
  • ISBN: N.A
  • Category: Law
  • Page: 519
  • View: 9412
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This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation. The important role of interest groups in the current debates over the legitimacy of the European Union is examined. Models of functional participation, including committees, agencies, and social dialogue are analysed in the light of a detailed empirical study of EC occupational health and safety policy.

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: 2441
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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 Enforcement of EU Law

The Enforcement of EU Law

The Role of the European Commission

  • Author: Stine Andersen
  • Publisher: OUP Oxford
  • ISBN: 0191650056
  • Category: Law
  • Page: 272
  • View: 4930
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A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

The Constitutionalization of European Budgetary Constraints

The Constitutionalization of European Budgetary Constraints

  • Author: Maurice Adams,Federico Fabbrini,Pierre Larouche
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254196
  • Category: Law
  • Page: 430
  • View: 3376
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The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.

Accountability in the European Union

Accountability in the European Union

  • Author: Carol Harlow
  • Publisher: Oxford University Press
  • ISBN: 9780199245932
  • Category: Language Arts & Disciplines
  • Page: 198
  • View: 997
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The debate over the 'democratic deficit' of the European Union has tended to focus on the legitimacy and representativeness of the European Parliament. It has been the policy-making powers of the Parliament and its struggle to secure the dominant role in law-making which have attractedattention. The dramatic resignation of the Santer Commission early in 1999, following a critical report to the Parliament, highlighted the growing problem of accountability in the European Union and echoed concerns regularly expressed by the European Council during inter-governmental conferencesfor the efficiency and effectiveness of the Union and its institutions. The resignations were followed by the appointment of President Romano Prodi with a mandate for reform of the Commission.The present 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 Member States and at various techniques, political, legal, and managerial, by whichaccountability can be ensured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors. The book caters for a general readership and is intended for all those who are interested in the governance of the EuropeanUnion.The author draws the conclusion that in trans-national forms of governance such as the European Union, it is difficult to hold policy-makers to account. Some of the reasons are institutional, others political and social. Without a vibrant civil society, the very notion of accountability may be amirage.

Das politische System der EU

Das politische System der EU

  • Author: Ingeborg Tömmel
  • Publisher: Walter de Gruyter GmbH & Co KG
  • ISBN: 3486858602
  • Category: Political Science
  • Page: 364
  • View: 998
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This volume conveys essential basic information about the political system of the European Union. It provides a concise and lucid presentation about the genesis, structure, and operation of the EU. Incisive summaries make it possible to review important content and firm up one’s understanding of the material.

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: 315
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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.

Interinstitutionelle Vereinbarungen in der Europäischen Union

Interinstitutionelle Vereinbarungen in der Europäischen Union

Wegbereiter der Verfassungsentwicklung

  • Author: Stiftung Wissenschaft und Politik
  • Publisher: N.A
  • ISBN: N.A
  • Category: Constitutional law
  • Page: 340
  • View: 9494
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Regulation Through Agencies in the EU

Regulation Through Agencies in the EU

A New Paradigm of European Governance

  • Author: Damien Geradin,Rodolphe Muñoz,Nicolas Petit
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781845422677
  • Category: Business & Economics
  • Page: 280
  • View: 6622
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Academic researchers in the fields of law, economics and politics will find "Regulation through Agencies in the EU" of great interest as will EU law practitioners, policymakers and regulators in Europe.

Kommentar zum Vertrag über die Europäische Union und zur Gründung der Europäischen Gemeinschaft

Kommentar zum Vertrag über die Europäische Union und zur Gründung der Europäischen Gemeinschaft

  • Author: Angela Bardenhewer-Rating,Jürgen Schwarze
  • Publisher: N.A
  • ISBN: 9783789082924
  • Category: Law
  • Page: 1951
  • View: 9706
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Accountability in Public Policy Partnerships

Accountability in Public Policy Partnerships

  • Author: J. Steets
  • Publisher: Springer
  • ISBN: 0230290612
  • Category: Political Science
  • Page: 264
  • View: 691
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A PDF version of this book is available for free in open access via the OAPEN Library platform, www.oapen.org. This book presents a new model of accountability which ensures that public-private partnerships don't erode public accountability. It defines concrete accountability standards for different types of partnerships.

Controlling Comitology

Controlling Comitology

Accountability in a Multi-Level System

  • Author: G. Brandsma
  • Publisher: Springer
  • ISBN: 113731964X
  • Category: Political Science
  • Page: 184
  • View: 7418
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Comitology is the most important form of multi-level governance in the EU. Member State and Commission actors together create roughly 2,500 executive acts per year amounting to half of all European laws. Using new European and national data, this books argues that its accountability has improved over time, but that unexpected gaps have emerged.

Accountability in the European Union

Accountability in the European Union

  • Author: Carol Harlow
  • Publisher: Oxford University Press
  • ISBN: 9780199245932
  • Category: Language Arts & Disciplines
  • Page: 198
  • View: 8358
DOWNLOAD NOW »
The debate over the 'democratic deficit' of the European Union has tended to focus on the legitimacy and representativeness of the European Parliament. It has been the policy-making powers of the Parliament and its struggle to secure the dominant role in law-making which have attractedattention. The dramatic resignation of the Santer Commission early in 1999, following a critical report to the Parliament, highlighted the growing problem of accountability in the European Union and echoed concerns regularly expressed by the European Council during inter-governmental conferencesfor the efficiency and effectiveness of the Union and its institutions. The resignations were followed by the appointment of President Romano Prodi with a mandate for reform of the Commission.The present 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 Member States and at various techniques, political, legal, and managerial, by whichaccountability can be ensured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors. The book caters for a general readership and is intended for all those who are interested in the governance of the EuropeanUnion.The author draws the conclusion that in trans-national forms of governance such as the European Union, it is difficult to hold policy-makers to account. Some of the reasons are institutional, others political and social. Without a vibrant civil society, the very notion of accountability may be amirage.

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: 1034
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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.

Continuity and Change in EU Law

Continuity and Change in EU Law

Essays in Honour of Sir Francis Jacobs

  • Author: Anthony Arnull,Piet Eeckhout,Takis Tridimas
  • Publisher: Oxford University Press, USA
  • ISBN: 9780199219032
  • Category: Political Science
  • Page: 474
  • View: 3673
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This volume commemorates the career of Sir Francis Jacobs KCMG QC, who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006. The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General, one that saw momentous changes in the character of the Union and its legal order. It encompassed the Treaty of Maastricht, which superimposed the Union on the pre-existing European Community, as well as the Treaties of Amsterdam and Nice; the proclamation of the Union's Charter of Fundamental Rights; the drafting of the Treaty establishing a Constitution for Europe; the creation of the Court of First Instance and the EU Civil Service Tribunal; the completion of the single market; and the enlargement of the Union to 15 Member States in 1995 and 25 Member States in 2004. The period also witnessed a profound change in the nature of much academic scholarship on the law of the Union. At the same time, the ECJ continues to grapple with issues which preoccupied it in the 1980s and earlier, such as the relationship between Union law and national law, the circumstances in which individuals should be permitted to seek the annulment of measures adopted by the Union's institutions and the scope of the Treaty rules on freedom of movement. The essays in the volume look at the persistent difficulties that have faced the unique legal system during the period of change. The volume is divided into five sections dealing respectively with: general issues and institutional questions; fundamental rights; substantive law; external relations; and national perspectives. The contributors are distinguished figures drawn from a variety of constituencies, including the national and European judiciaries, legal practice and the academic world.

The Emergence of EU Contract Law

The Emergence of EU Contract Law

Exploring Europeanization

  • Author: Lucinda Miller
  • Publisher: OUP Oxford
  • ISBN: 0191018457
  • Category: Law
  • Page: 280
  • View: 7724
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The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.

The Oxford Handbook Public Accountability

The Oxford Handbook Public Accountability

  • Author: M. A. P. Bovens,Mark Bovens,Robert E. Goodin,Thomas Schillemans
  • Publisher: Oxford University Press
  • ISBN: 0199641250
  • Category: Business & Economics
  • Page: 696
  • View: 3836
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Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies.

Transatlantic Governance in the Global Economy

Transatlantic Governance in the Global Economy

  • Author: Mark A. Pollack,Gregory C. Shaffer
  • Publisher: Rowman & Littlefield
  • ISBN: 9780742509320
  • Category: Business & Economics
  • Page: 354
  • View: 2680
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This important book examines transatlantic economic relations in the 1990s, and in particular efforts by the United States and the European Union to establish new forms of governance to cope with increasing economic interdependence. The authors explain the development of transatlantic cooperation, culminating in the multi-leveled governance mechanisms of the New Transatlantic Agenda. They assess, as well, central questions about the nature of transatlantic governance, as reflected in competing international relations theories of intergovernmental, transgovernmental (technocratic), and transnational (civil society) relations. Bringing together leading scholars from political science and law, the book provides a rich mix of analytic and normative perspectives that will be an invaluable resource for scholars, students, and policymakers alike.