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Influence of “hard” law on national policies still is a central topic in Europeanisation research. One aspect often overlooked is the impact of “soft” law instruments such as the “Open Method of Coordination” (OMC). Through the OMC all member states agree on common goals and exchange “best practices” to improve policy coordination in a certain area without the obligation (how) to design policies. OMC impacts in individual member states have been studied extensively, yet a comparative perspective explaining their variance is lacking. This study by Niclas Beinborn tries to fill this gap by analysing the different impacts of a recent OMC: the European Youth Strategy 2010 (EUYS). His analysis is twofold: in a first step he applies theory-driven fuzzy-set QCA to a novel dataset depicting the variance of national activities around the EUYS. As causalities remain unclear, in a second step he presents an innovative analysis framework encompassing two dimensions – national motivation and relative openness to implement non-binding EU law – to define ideal types of OMC adaptation. Case studies on the EUYS in Germany and Ireland proof the potential of this framework to explain why and how OMCs work (differently).
This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.
Numerous legal systems, indeed perhaps all of them, make use not only of legally binding norms but also of 'soft law', measures which are not legally binding but which nevertheless have practical and even legal effects. The European Union (EU) is no exception to this generalisation. Since 1979, and in particular since the 1992 Maastricht Treaty on the European Union, the EU has elaborated systematically and instrumentally a variety of soft law measures in pursuit of a wide range of public policy objectives. This paper aims to present selected aspects of the EU experience with soft law. The EU experience, both domestically and in international relations, may be of interest to other countries, which seek to combine legally binding measures and soft law in the service of economic and social regulation, if only because the EU experience reminds us that that social, political, legal, economic and cultural contexts shape and condition the choice, use and effectiveness of different types of norms, including soft law. In turn, such a reflection on its own experience within an implicitly comparative framework may be instructive for the EU itself. In the midst of the current financial crisis, the EU may be at a turning point, and there is considerable discussion about how best to regulate financial markets and other markets, whether through legally binding measures or soft law. Consequently, this paper is in the nature of a 'think piece', intended to raise questions and to provoke reflection, drawing considerably on my own research rather than being a systematic presentation of the subject. This paper argues that, in the EU, certain basic features of regional integration have given rise to the frequent use of soft law. This argument is developed in three parts. A first part introduces some basic features of the EU today. The second, main part considers examples of soft law in the EU. Finally, the concluding remarks consider what, in sum, we can learn from the EU experience.
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.
This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support.
While the EU legitimacy crisis and the Great Recession prevail, certain European Union principles and policies have to be implemented in the member states. This volume explores the diverse processes, stages and subjects of implementation in a variety of social policies to identify different institutional dynamics and actor behaviours at play. The individual contributions examine the transposition of the patients’ rights directive to the Europeanisation of pension reforms; the role of national parliaments in transposing social Europe; judicial Europeanisation; and the multi-level enforcement of EU decisions. Theoretically, the contributions in this book highlights the fact that implementation is often conditioned by domestic politics or comes as a ‘random walk’ due to organisational and cognitive constraints. Empirically, the volume has three main findings. First, the constitutive components of the EU tend to have a contradictory impact on the EU’s social policies and the national welfare systems. Second, crises influence the implementation of social Europe, at times leading to a modification of fundamental principles and content, but not across the board. Third, as a result, there is evidence of differentiated Europeanisation. This book was originally published as a special issue of West European Politics.
This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.
In the wake of the Balkan wars, the EU has worked hard to close the so-called 'capabilities-expectations gap' in the European Security and Defence Policy (ESDP). With the institution of new political and military structures and procedures, the agreement on principles for consultation and cooperation with other international organizations, the adoption of an acquis sécuritaire, and the launching of twenty ESDP operations, the EU has affirmed its operational capacity in ESDP. The proliferation of the EU's institutional and operational mechanisms to manage crises on its doorstep and farther afield has led to a whole series of new legal and policy questions, which were addressed at the 37th edition of the T.M.C. Asser Institute's Colloquium on European Law in 2007. The contributions by leading academics and practitioners to the Asser Colloquium have been expanded and updated in the light of the Lisbon Treaty and are now available in this unique compilation.