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Multilevel Regulation and the EU

Author: Andreas Føllesdal
Publisher: BRILL
ISBN: 9004164383
Category : Law
Languages : en
Pages : 449

Book Description
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.

Subsidiarity and EU Multilevel Governance

Author: Serafín Pazos-Vidal
Publisher: Routledge
ISBN: 0429842511
Category : Political Science
Languages : en
Pages : 246

Book Description
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.

Multilevel Governance in the European Union

Author: Nick Bernard
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 304

Book Description
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.

Innovative Approaches to EU Multilevel Implementation

Author: Eva Thomann
Publisher: Routledge
ISBN: 1351118609
Category : Political Science
Languages : en
Pages : 233

Book Description
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.

Multilevel Regulation of Military and Security Contractors

Author: Christine Bakker
Publisher: Bloomsbury Publishing
ISBN: 1847319009
Category : Law
Languages : en
Pages : 430

Book Description
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.

The Sub-national Dimension of the EU

Author: Carlo Panara
Publisher: Springer
ISBN: 3319145894
Category : Law
Languages : en
Pages : 191

Book Description
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

Author: Stephan Lutzenberger
Publisher: Springer Nature
ISBN: 3030949761
Category : Political Science
Languages : en
Pages : 149

Book Description
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.