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Exploring the constitutional and the administrative law dimensions of the developing European market governance, this volume considers the changes which have occurred from the perspective of both legal and social theory.
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Internal Markets and Multi-level Governance breaks new ground in providing a broad comparative study of how internal markets have been managed within federal or multi-level systems. George Anderson has assembled a team of leading experts on the politics and economics of federal systems and set them the task of analyzing the management of internal markets in the United States, Australia, Canada, and Switzerland, as well as the European Union. Though similar economic and political factors often play a role in driving the development of internal markets, outcomes and experiences vary widely depending on individual political and economic circumstances. In the concluding chapter, Anderson attempts to draw some comparative conclusions and highlight potential lessons for policymakers.
In this 2004 volume, a formidable group of scholars investigate patterns of conflict that are arising in the European Union.
Drawing on research from the administrative sciences and using organizational, institutional and decision-making theories, this volume examines the emerging bureaucratic framework of the EU and highlights that analyzing the patterns and dynamics of the EU's administrative capacities is essential to understand how it shapes European public policy.
The importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law.
This volume focuses on the integration and globalization of Romania, a prominent emerging market in South-Eastern Europe and one of the major players in the securitization of the Black Sea and the Eastern European border, as both a part of NATO since 2004 and a fully integrated EU Member State since 2007. It will examine the challenges the country has faced in its progression from totalitarianism to democracy through several waves of reform intended to update and streamline its political and economic processes for success in the free-market capitalist arena. Having learned the hard way about some of the key aspects of public administration, Romania has learned a place for itself among the diverse global players of Europe and beyond. The first section reviews current perspectives on globalization and its impact in the late 20th century. It has “flattened” the Earth, generating better communication and exchanges than ever before, but also gathering a fair amount of criticisms from commentators seeing it as little else than neo-colonialism. Cooperative-administrative strategies are being suggested instead, in order for new public administration patterns to smoothly run in coordination with the globalized world. In the second section, the European Union is described as a complex multi-level socio-political entity, itself historically in turmoil over its own style of rule – e.g. hierarchy vs. coordination, integration vs. centralization, etc. – or even its own existence, as the European dream seemed to be losing steam with the general population of Europe several times in the previous century. Powers and responsibilities of the European institutions and agencies are also discussed. Thirdly, the recent history of Romania is approached from the Europeanization context, starting from its post-1989 days of confusion and of attempting to jumpstart democracy. Eventually, it has to undergo a series of reforms and internalize some principles fundamental to the EU in order for the much-awaited accession to occur and its multiple effects to start taking place. A country with a rich cultural heritage and straddling multiple socio-political axes, Romania has plenty more to offer in the new geostrategic, security and development contexts of the 21st-century Europe. As such, this volume provides inspiration for further research and practical application opportunities on topics of local, European and global significance.
This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.
In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares and reconstructs the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation (competition, financial services, chemicals, consumer law, electronic communications and energy). EU market supervision developments have been plentiful over the past decade, but have so far mainly been studied in their own sector-specific context. On the basis of an innovative cross-sector investigation, Pieter Van Cleynenbreugel identifies and conceptualises common or converging EU constitutional benchmarks underlying those sector-specific administrative design developments. Those benchmarks better allow to conceptualise, predict and restrain future EU integrated administration structures and initiatives in those and other fields of European Union law.
Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.