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What does EU law truly mean for the member states? This book presents the first encompassing and in-depth empirical study of the effects of 'voluntaristic' and (partly) 'soft' EU policies in all 15 member states. The authors examine 90 case studies across a range of EU Directives and shed light on burning contemporary issues in political science, integration theory, and social policy. They reveal that there are major implementation failures and that, to date, the European Commission has not been able adequately to perform its control function.
A timely investigation into the conditions that make international agreements—and the institutions that enforce them—vulnerable. When do international institutions effectively promote economic cooperation among countries and help them resolve conflict? Although the international system lacks any central governing authority, states have created rules, particularly around international economic relations, and empowered international tribunals to enforce those rules. Just how successful are these institutions? In Delivering on Promises Lauren J. Peritz demonstrates that these international courts do indeed deliver results—but they are only effective under certain conditions. As Peritz sho...
Describes, analyses, and assesses the European social dialogue from a combined theoretical and normative perspective and applies theoretical strands stemming from industrial relations, EC law, and political theory to an understanding and assessment of the genesis, actors, processes, and outcomes of the European social dialogue through 2007
Provides a novel methodological approach to the study of popular and professional legal culture within the European context.
This open access book provides the first ever authoritative collection of scholarly insights, based upon original research, into the political groups of the EP tackling the fundamental changes since the Lisbon Treaty and the upsurge of radical right parties. It analyses political groups and their importance from multiple perspectives critically assessing their role and significance in EU politics. Each chapter is authored by leading scholars in the field, working on key topics in relation to political groups: political group formation and function, their role in parliamentary and EU policy-making, the way that Eurosceptic MEPs influence (or not) the Parliament, and the nature and form of interactions with external actors. In doing so, each chapter opens hitherto unexplored ‘black boxes’ in the political work of the EP, such as the internal practices of, and power relations within the political groups, and informal arenas of intra-group decision-making.
This edited volume provides a comprehensive overview of the diverse and multi-faceted research on governance in multilevel systems. The book features a collection of cutting-edge trans-Atlantic contributions, covering topics such as federalism, decentralization as well as various forms and processes of regionalization and Europeanization. While the field of multilevel governance is comparatively young, research in the subject has also come of age as considerable theoretical, conceptual and empirical advances have been achieved since the first influential works were published in the early noughties. The present volume aims to gauge the state-of-the-art in the different research areas as it brings together a selection of original contributions that are united by a variety of configurations, dynamics and mechanisms related to governing in multilevel systems.
This book analyses the European Court of Justice's power from a political-science perspective. It argues that this power can be assessed through studying the policy implications of there being a supranational constitution that was drafted as an international treaty. An international treaty contains a set of policy goals for future cooperation. Direct effect and supremacy give constitutional status to these policy goals, allowing the Court to develop the Treaty's implications for policymaking at the European and the member-state levels. By focusing on the four freedoms (of goods, services, persons, and capital) and citizenship rights, the book analyses the implications of case law for policymaking in different case studies. It shows how major EU legislation (for instance, the Services and Citizenship Directives) are significantly influenced by case law and how controversial policies, such as EU citizens' access to tax-financed social benefits, are closely linked to the Court.
Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.
Although legislation has in the past decades become the legal cornerstone of European integration, the EU legislature remains systematically neglected in EU legal scholarship. This book explores the virtues of the legislative process and the nature of legislative acts and asks how moving the legislature from the sidelines to the centre of legal analysis changes our understanding of the EU Court of Justice's role. The first part of the book examines how the CJEU should exercise its authority relative to the legislature. The author argues that as the legislature lends democratic legitimacy to EU law and is a better lawmaker than the judiciary, that judicial deference to the legislature's choices is required in all but exceptional circumstances. The second part of the book sets forth a theory of legislative interpretation that enables judicial officials to respect the wishes of the legislature. This theory shows, first, that the legislature can aggregate the intentions of individual legislators into a coherent legislative intent, and second, how this legislative intent can be identified from the publicly available legislative material.
The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.