Mutual Recognition as a New Mode of Governance
Mutual Recognition as a New Mode of Governance

Author: Susanne Schmidt

Publisher: Routledge

Published: 2013-10-18

Total Pages: 174

ISBN-13: 1317969774

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Mutual recognition is generally forgotten in debates about new modes of governance, even though it is a particular powerful example. Its invention was crucial for the completion of the European Union’s single market, and in the late 1990s it was transferred to the field of Justice and Home Affairs. Outside of the EU, mutual recognition is also gaining in importance. This book discusses mutual recognition in the context of the debate on new modes of governance and analyzes its potential to solve governance problems, focusing on the preconditions it needs for its functioning (e.g. trust of the Member states), the positive implications of achieving coordination through it, as well as its negative side effects (e.g. the danger of a regulatory race to the bottom). Particular focus is on the contentious services directive as a prominent example of using mutual recognition. In addition, contributions look at the application of mutual recognition in the market for goods, in the area of Justice and Home Affairs, in tax policy, and in the World Trade Organization, so that the book achieves a comprehensive assessment of mutual recognition as a new mode of governance. This book was previously published as special issue of the Journal of European Public Policy.

New Modes of Governance in Europe
New Modes of Governance in Europe

Author: A. Héritier

Publisher: Springer

Published: 2010-12-15

Total Pages: 212

ISBN-13: 0230306454

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Based on the research of the EU-6th framework funded research consortium on 'New Modes of Governance in the European Union', this volume explores the roots, execution and applications of new forms of governance and evaluates their success.

Innovative Governance in the European Union
Innovative Governance in the European Union

Author: Ingeborg Tömmel

Publisher:

Published: 2009

Total Pages: 384

ISBN-13:

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Do the traditional tools of governance make sense in the decidedly nontraditional political entity that is the European Union? Or are the realities of the unique EU system generating new, and sometimes eclectic approaches to policymaking? This book responds to these questions, and explores the development of governance approaches in policy areas.

EU Counterterrorism Policy
EU Counterterrorism Policy

Author: Oldrich Bures

Publisher: Routledge

Published: 2016-04-22

Total Pages: 290

ISBN-13: 1317140419

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Although there is a vast body of literature covering the ongoing debates concerning the novelty and gravity of the contemporary terrorist threat, as well as the most appropriate response to it, few authors have thus far analysed the complex set of counterterrorism measures that both the individual Member States and the European Union (EU) have attempted to develop. This volume offers a critical analysis of the measures the European Union has taken to combat terrorism and how, in a number of key areas, EU counterterrorism policy is more of a paper tiger than an effective counterterrorism device. Several legal EU counterterrorism instruments have not been properly implemented at the national level and questions have been raised regarding their effectiveness, appropriateness, and proportionality. The capabilities of EU agencies in the area of counterterrorism remain rather weak and the EU Counterterrorism Coordinator does not have any real powers apart from persuasion. However, this does not mean that EU level action cannot offer any value-added in the fight against terrorism. There are several areas where the EU can provide genuine value-added in the fight against terrorism due to the transnational nature of the contemporary terrorist threat and the nature of a borderless Europe.

The Competence of the European Union in Copyright Lawmaking
The Competence of the European Union in Copyright Lawmaking

Author: Ana Ramalho

Publisher: Springer

Published: 2016-03-08

Total Pages: 257

ISBN-13: 3319282069

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This book inquires into the competence of the EU to legislate in the field of copyright, and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking. To address that gap, it proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law. It investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources, the author establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation. This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, the author offers some recommendations in this regard.

The Governing Law of Companies in EU Law
The Governing Law of Companies in EU Law

Author: Justin Borg-Barthet

Publisher: Bloomsbury Publishing

Published: 2012-04-09

Total Pages: 210

ISBN-13: 1847319262

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The manner in which the governing law of companies is determined has attracted much attention from academics and practitioners alike ever since the European Court of Justice began receiving references for preliminary rulings regarding the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalisation occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law, as well as the foreseeable trajectory of the law, within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops new theoretical perspectives and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty.

The European Union and its Eastern Neighbours
The European Union and its Eastern Neighbours

Author: Elena Korosteleva

Publisher: Routledge

Published: 2012-05-15

Total Pages: 208

ISBN-13: 1136471782

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This book explores the EU’s relations with its eastern neighbours. Based on extensive original research – including surveys, focus-groups, a study of school essays and in-depth interviews with key people in Belarus, Ukraine, Moldova, Russia and in Brussels – it assesses why the EU’s initiatives have received limited legitimacy in the neighbourhood. The European Neighbourhood Policy of 2004, and the subsequent Eastern Partnership of 2009 heralded a new form of relations with the EU’s neighbours – partnership based on joint ownership and shared values – which would complement if not entirely replace the EU’s traditional governance framework used for enlargement. These initiatives have, however, received a mixed response from the EU’s eastern neighbours. The book shows how the key elements of partnership have been forged mainly by the EU, rather than jointly, and examines the idea and application of external governance, and how this has been over-prescriptive and confusing.

The Oxford Handbook of Governance
The Oxford Handbook of Governance

Author: David Levi-Faur

Publisher: Oxford University Press

Published: 2012-03-29

Total Pages: 828

ISBN-13: 0199560536

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This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.