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Science, Technology, Policy and International Law
This book presents innovative insights into the intersections between science, technology, and society, and particularly their regulation by the law. Departing from the idea that law and science have similar methods and objectives, the book deals with problems, and solutions, that source from these interactions: concerns on how to integrate scientific evidence into trials, how to best regulate new technologies, or whether technological innovations could improve democratic legitimacy, create new regulatory tools or even new spaces of regulation, and what is the impact on the society. The edited collection, by building on a functionalist and comparatist approach, offers answers to how to best integrate law, science, and technology in policy-making and reviews the current attempts made at the transnational and international levels. Case studies, ranging from emerging technologies via environmental protection to statistics, are complemented by a solid theoretical framework, all of which seek to provide readers with tools for critical thinking in the reassessment of the relationship among theory, practice, political goals, and international regulation.
The Politics of European Legal Research
Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
Collegiality in the European Commission
Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial p...
Research Handbook on General Principles in EU Law
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
Official Secrets and Oversight in the European Union
This monograph offers a uniquely comprehensive and in-depth legal account of official secrets in the European Union. It critically analyses their implications for oversight and fundamental rights. Based on forty interviews with practitioners and other stakeholders, it offers an understanding of the practices of official secrets and provides a critical and much-needed perspective on how parliamentary, judicial and administrative oversight institutions deal with access to classified material and the dilemma of oversight to concurrently ensure secrecy necessary for EU security policies and openness needed for democratic processes and fundamental rights. The book discerns shifts in institutional...
Public Administration and Expertise in Democratic Governments
This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.
Comparative Administrative Law
A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.
The Evolution of EU Law
This last decade has been particularly turbulent for the EU. Beset by crises - the financial crisis, the rule of law crisis, the migration crisis, Brexit, and the pandemic - European Law has had to adapt and change in a way not previously seen. First published in 1999, the goal then was to reflect on the important developments that had been made since the creation of the EEC. That goal has not changed. From EU Administrative Law through to the Regulation of Network Industries, each chapter in this seminal work assess the legal and political forces that have shaped the evolution of EU law. With new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.
