Law and Governance in Postnational Europe

Law and Governance in Postnational Europe
Author: Michael Zürn
Publisher: Cambridge University Press
Total Pages: 320
Release: 2005-02-03
Genre: Political Science
ISBN: 9781139442824

This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.

Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society
Author: Jiří Přibáň
Publisher: Routledge
Total Pages: 284
Release: 2016-03-09
Genre: Law
ISBN: 1317052080

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Beyond Constitutionalism

Beyond Constitutionalism
Author: Nico Krisch
Publisher: Oxford University Press, USA
Total Pages: 383
Release: 2010-10-28
Genre: Law
ISBN: 0199228310

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

The Enforcement of EU Law

The Enforcement of EU Law
Author: Stine Andersen
Publisher: OUP Oxford
Total Pages: 272
Release: 2012-11-29
Genre: Law
ISBN: 0191650048

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.

Law and Governance in Postnational Europe

Law and Governance in Postnational Europe
Author: Michael Zürn
Publisher:
Total Pages: 313
Release: 2005
Genre:
ISBN: 9781280415852

This book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU ha.

The Constitution of Private Governance

The Constitution of Private Governance
Author: Harm Schepel
Publisher: Hart Publishing
Total Pages: 498
Release: 2005-02
Genre: Business & Economics
ISBN: 1841134872

The book offers the first systematic treatment of European, American and international 'standards law' in the English language.

Law, Democracy and Solidarity in a Post-national Union

Law, Democracy and Solidarity in a Post-national Union
Author: Erik Oddvar Eriksen
Publisher: Routledge
Total Pages: 273
Release: 2008-07-04
Genre: Law
ISBN: 1134042817

Investigates how the values of the rule of law, solidarity and democracy can be understood in the European Union in order ensure the sustainability of the European political order.

New Modes of Governance in the Global System

New Modes of Governance in the Global System
Author: M. Koenig-Archibugi
Publisher: Springer
Total Pages: 275
Release: 2005-11-30
Genre: Political Science
ISBN: 0230372880

Globalization processes are propelling a transformation of governance. As political problems become more transnational, public as well as private actors increasingly perform governance activities beyond the level of individual states. This book examines the wide variety of forms that governance can take in the global system and their consequences. An overarching analytical framework is applied to global institutions and initiatives in areas such as trade liberalization, financial market regulation, privacy protection, cybercrime, and food safety.

Complying with Europe

Complying with Europe
Author: Gerda Falkner
Publisher: Cambridge University Press
Total Pages: 428
Release: 2005-05-26
Genre: Law
ISBN: 9780521849944

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.

Policy Experiments, Failures and Innovations

Policy Experiments, Failures and Innovations
Author: Agnes Batory
Publisher: Edward Elgar Publishing
Total Pages: 223
Release: 2018-02-23
Genre: Law
ISBN: 1785367498

Policy Experiments, Failures and Innovations takes a policy studies perspective in considering post-communist EU member states’ experiences since accession. The book analyses policy transfer processes and expands the new and growing sub-field of policy failure by interrogating the binary ideas of ‘failure’ and ‘success’ in the context of the Central Eastern European (CEE) transition, democratic consolidation and European Union membership.