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The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.
This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
This book examines the position and role of expertise in European policy-making and governance. At a time when the very notion of expertise and expert advice is increasingly losing authority, the book addresses these challenges by empirically examining specific administrative processes and institutional designs in the European Union. The first part of the volume theorizes expertise and its contestation by examining accounts of the legitimate institutional design of knowledge production processes and exploring the theoretical links of Europeanisation and expertise. The second part of the book delves into empirical institutionalist accounts of expertise and maps the role of experts in a variety of EU institutions but also explains the implications when EU bodies themselves are in an ‘expert’ position, such as agencies. The book offers insights into how individual experts deal with the challenge of producing reports that will be heard by policy-makers, while at the same time preserving their independence. Broadening its scope, the book then expands the analysis to the role of advisory committees in light of the shift from a reliance primarily on in-house expertise to including more external experts in advisory groups in the European Commission and European Parliament as well as at the European External Action. In the third part, the book opens the lens to developments beyond the EU by taking into account two highly pertinent fields: climate change and trade. These fields are highly complex, fast-developing, and politicised issues, and the book engages with them in order to provide an outside-in perspective on expertise. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.
Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.
This is a fully revised edition of a well-established text for students. It offers an invaluable and up-to- date interpretation of the European policy process. Helen Wallace and William Wallace have assembled a team of internationally-renowned authors to present fourteen case studies --ranging from analyses of the CAP and environmental policy, to the politics of Economic and Monetary Union and the new World Trade Organisation. Helen Wallace also provides, in the two opening chapters, an introduction and overview of European politics, policy, and institutions. In concluding thevolume, William Wallace reflects on the future for the EU as it faces calls for ever closer political integration. Policy-Making in the European Union provides the student with a timely and provocative insight into European integration in a period of critical change.
External expertise plays an important role in European Union (EU) policymaking. In an increasingly complex multi-tiered environment, EU policymakers are requested to provide timely responses on a variety of issues in which several interests are at stake. External expertise provides the EU institutions with a way to address these issues efficiently and build political consensus.Attempts to regulate the role of external expertise in EU policymaking date back as far as the early 2000s, when the European Commission released the first guidelines for the use of expertise and advice in policymaking. In 2005 a register of expert groups was established. By June 2016, a total of 27 199 members were recorded on that register. These members made up 820 'Commission expert groups'.The role of experts and external advisers in EU policymaking remains controversial. Concerns include the neutrality, transparency and balance of external expertise. Following a 2014 European Ombudsman investigation, the European Commission announced that a revised register of expert groups would be operational by the first quarter of 2016. Revised rules for the expert groups were adopted at the end of May 2016. Further changes have been introduced by the Interinstitutional Agreement on Better Law-Making between the European Parliament, Council and Commission. The own-initiative report being drafted by the Parliament's Committee on Budgetary Control may also influence the way the system evolves.
Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Why do we teach EU politics? What should EU politics students learn? What are the practical approaches and techniques to teaching EU politics? In response to these questions, Teaching European Union Politics analyses the interdisciplinary nature of teaching this broad subject and reflects on a wide range of educational approaches. It both advances the pedagogy and practice of teaching EU politics, and provides practical support for those looking to adopt innovative and learner-oriented techniques.
Compares national concepts of social justice with the developing European concept of access justice.