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Accountability And Legitimacy In The European Union

Author: Anthony Arnull
Publisher: Oxford University Press on Demand
ISBN: 9780199257102
Size: 54.73 MB
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The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate willstart to crystallise in 2004, when negotiations on a new set of Treaty changes will begin. The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists

The Oxford Handbook Of European Union Law

Author: Anthony Arnull
Publisher: Oxford University Press
ISBN: 0191653055
Size: 70.54 MB
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

The Eu And Nanotechnologies

Author: Tanja Ehnert
Publisher: Bloomsbury Publishing
ISBN: 1509908528
Size: 52.65 MB
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This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

The Accountability Gap In Eu Law

Author: Marios Costa
Publisher: Routledge
ISBN: 1317381076
Size: 73.31 MB
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Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.

The Illusion Of Accountability In The European Union

Author: Sverker Gustavsson
Publisher: Routledge
ISBN: 1135220581
Size: 13.15 MB
Format: PDF, Kindle
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This book examines accountability in the EU from different perspectives and considers whether EU citizens have real opportunities for holding decision-makers accountable. This book critically analyses five arguments which claim there are sufficient means for holding decision-makers to account in the Union. The authors examine: The argument that we should rethink the meaning of accountability in the EU context The claim that there is no accountability deficit in the EU because member states have the power to retrieve all delegated competencies The assertion that EU citizens have effective mechanisms for holding those responsible for legislative decision-making to account The contention that the arrangements that obtain at present for holding the executive power in the EU to account are acceptable The belief that the involvement of organised civil society can work as an alternative to traditional forms of accountability The main conclusion is that the current institutional set-up and practice of decision-making in the EU is one that merely creates an illusion of accountability. Using a strict framework focusing on the difference between formal mechanisms and actual opportunities for accountability, this highly coherent volume will be of interest to students and scholars of European politics, especially those interested in the democratic foundations of the European political system.

Law Legitimacy And European Governance

Author: Stijn Smismans
Publisher: Oxford University Press on Demand
ISBN:
Size: 12.89 MB
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This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation. The important role of interest groups in the current debates over the legitimacy of the European Union is examined. Models of functional participation, including committees, agencies, and social dialogue are analysed in the light of a detailed empirical study of EC occupational health and safety policy.

The Enforcement Of Eu Law

Author: Stine Andersen
Publisher: OUP Oxford
ISBN: 0191650056
Size: 10.42 MB
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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.

Accountability And European Governance

Author: Deirdre Curtin
Publisher: Routledge
ISBN: 1317999568
Size: 49.12 MB
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In recent years there has been a considerable effort in some transnational organizations and institutions to confront a crisis of legitimacy by promising more accountability and openness. This volume takes as its central focus the role of accountability in democratic governance, and attempts to position a broad understanding of the notion of accountability within the overall context of the evolving political system of governance in Europe and in particular of the European Union. Bringing together new work by some of the leading scholars in the field, this volume considers the relationship between accountability and a wide range of other themes in European governance such as problems of representation, transparency, bureaucracy, and transnational relations. The volume also deals with the role of accountability in multi-level governance, and its relationship to both direct democracy and civil society. This book was published as a special issue of West European Politics.

Accountability In The European Union

Author: Carol Harlow
Publisher: Oxford University Press
ISBN: 9780199245932
Size: 77.33 MB
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The debate over the 'democratic deficit' of the European Union has tended to focus on the legitimacy and representativeness of the European Parliament. It has been the policy-making powers of the Parliament and its struggle to secure the dominant role in law-making which have attractedattention. The dramatic resignation of the Santer Commission early in 1999, following a critical report to the Parliament, highlighted the growing problem of accountability in the European Union and echoed concerns regularly expressed by the European Council during inter-governmental conferencesfor the efficiency and effectiveness of the Union and its institutions. The resignations were followed by the appointment of President Romano Prodi with a mandate for reform of the Commission.The present book approaches the issue of democratic deficit from the angle of accountability, today seen as an essential element of democratic government. It looks at differing understandings of the concept in the Member States and at various techniques, political, legal, and managerial, by whichaccountability can be ensured. These include the Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors. The book caters for a general readership and is intended for all those who are interested in the governance of the EuropeanUnion.The author draws the conclusion that in trans-national forms of governance such as the European Union, it is difficult to hold policy-makers to account. Some of the reasons are institutional, others political and social. Without a vibrant civil society, the very notion of accountability may be amirage.