Mutual Recognition as a New Mode of Governance

Author: Susanne Schmidt
Publisher: Routledge
ISBN: 1317969774
Format: PDF, ePub, Docs
Download Now
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.

The Justification of Europe

Author: Jürgen Neyer
Publisher: Oxford University Press
ISBN: 0199641242
Format: PDF
Download Now
The Justification of Europe offers an engaging new interpretation of the European Union, combining normative and positive approaches in an innovative way.

Governing Transboundary Waters

Author: Emma S. Norman
Publisher: Routledge
ISBN: 1135040206
Format: PDF, ePub, Mobi
Download Now
Winner of the Political Geography Specialty Group's 2015 Julian Minghi Distinguished Book Award! With almost the entire world’s water basins crossing political borders of some kind, understanding how to cooperate with one’s neighbor is of global relevance. For Indigenous communities, whose traditional homelands may predate and challenge the current borders, and whose relationship to water sources are linked to the protection of traditional lifeways (or ‘ways of life’), transboundary water governance is deeply political. This book explores the nuances of transboundary water governance through an in-depth examination of the Canada-US border, with an emphasis on the leadership of Indigenous actors (First Nations and Native Americans). The inclusion of this "third sovereign" in the discussion of Canada-U.S. relations provides an important avenue to challenge borders as fixed, both in terms of natural resource governance and citizenship, and highlights the role of non-state actors in charting new territory in water governance. The volume widens the conversation to provide a rich analysis of the cultural politics of transboundary water governance. In this context, the book explores the issue of what makes a good up-stream neighbor and analyzes the rescaling of transboundary water governance. Through narrative, the book explores how these governance mechanisms are linked to wider issues of environmental justice, decolonization, and self-determination. To highlight the changing patterns of water governance, it focuses on six case studies that grapple with transboundary water issues at different scales and with different constructions of border politics, from the Pacific coastline to the Great Lakes.

The Pluralist Character of the European Economic Constitution

Author: Clemens Kaupa
Publisher: Bloomsbury Publishing
ISBN: 1509901094
Format: PDF, ePub, Mobi
Download Now
This monograph intervenes in the long-standing and controversial debate on the socio-economic orientation of the European Union. Arguing that the European economic constitution is pluralist in the sense that it does not favour any specific socio-economic paradigm, it shows that European law allows the pursuit of very different regulatory projects by the European and the national legislators. This pluralist character of the European economic constitution stands in an uncomfortable relationship with the policies currently pursued by the European Union, which are often neoliberal in their orientation. The book takes an interdisciplinary approach: it analyses the Treaty on the Functioning of the European Union as interpreted and developed in the case law of the Court of Justice, its history, and its regulatory purpose in the light of conflicting socio-economic paradigms. By challenging the orthodoxy, the book makes a bold proposition that will likely resonate in both European economic law scholarship and European law in general. With the ongoing economic crisis triggering a significant interest in economic questions among legal scholars it is particularly timely and topical.

Market Integration Through Data Protection

Author: Mario Viola de Azevedo Cunha
Publisher: Springer Science & Business Media
ISBN: 940076085X
Format: PDF, Docs
Download Now
In the context of the continuous advance of information technologies and biomedicine, and of the creation of economic blocs, this work analyzes the role that data protection plays in the integration of markets. It puts special emphasis on financial and insurance services. Further, it identifies the differences in the data protection systems of EU member states and examines the development of common standards and principles of data protection that could help build a data protection model for Mercosur. Divided into four parts, the book starts out with a discussion of the evolution of the right to privacy, focusing on the last few decades, and taking into account the development of new technologies. The second part discusses the interaction between data protection and specific industries that serve as case studies: insurance, banking and credit reporting. The focus of this part is on generalization and discrimination, adverse selection and the processing of sensitive and genetic data. The third part of the book presents an analysis of the legislation of three EU Member States (France, Italy and UK). Specific elements of analysis that are compared are the concepts of personal and anonymous data, data protection principles, the role of the data protection authorities, the role of the data protection officer, data subjects’ rights, the processing of sensitive data, the processing of genetic data and the experience of the case studies in processing data. The book concludes with the proposal of a model for data protection that could be adopted by Mercosur, taking into account the different levels of data protection that exist in its member states.

New Governance and the European Employment Strategy

Author: Samantha Velluti
Publisher: Routledge
ISBN: 1136927786
Format: PDF, Docs
Download Now
This book examines the European Strategy for Employment (EES) and its implementation through the Open Method of Coordination, exploring what the EES reveals about recent developments in EU social governance, and offering new insights and fresh perspectives into the operation of New Governance and its relationship with law and constitutionalism.

EU External Governance

Author: Sandra Lavenex
Publisher: Routledge
ISBN: 1317987357
Format: PDF, Kindle
Download Now
The European Union has developed a wide array of external relations with its neighbouring countries. Without offering full membership, the EU nevertheless attempts to transfer its rules and policies to non-member countries. It is this extension of EU rules beyond EU borders that the analysis of external governance seeks to capture. The contributions to this volume explain the modes and effects of EU external governance in a variety of EU–non-member country relations in Western Europe, the former Soviet Union, and the Mediterranean region. They cover such diverse issues as trade, environment, security, and democracy promotion and explore the effects of EU institutions, EU power, and the domestic structures of its partner countries on the transfer of EU rules. This book was based on a special issue of Journal of European Public Policy.

The European Court of Justice and the Policy Process

Author: Susanne K. Schmidt
Publisher: Oxford University Press
ISBN: 0192547879
Format: PDF, Docs
Download Now
The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states' preferences. This book argues that the implications of the supremacy and direct effect of the EU Treaty have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court's case law. If rulings have constitutional status, their impact will be considerable, even if the Court only occasionally diverts from member states' preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court's development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation partly codify case law. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies-but if they have constitutional status they have to go through this process. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union, undermining the legitimacy of this political order.

The Greco German Affair in the Euro Crisis

Author: Claudia Sternberg
Publisher: Springer
ISBN: 1137547510
Format: PDF
Download Now
This book focuses on one of the most highly charged relationships of the Euro crisis, that between Greece and Germany, from 2009 to 2015. It explores the many ways in which Greeks and Germans represented and often insulted one another in the media, how their self-understanding shifted in the process, and how this in turn affected their respective appraisal of the EU and that which divides us or keeps us together as Europeans. These stories illustrate the book’s broader argument about mutual recognition, an idea and norm at the very heart of the European project. The book is constructed around a normative pivot. On one hand, the authors suggest that the tumultuous affair between the two peoples can be read as “mutual recognition lost” through a thousand cuts. On the other, they argue that the relationship has only bent rather than broken down, opening the potential for a renewed promise of mutual recognition and an ethos of “fair play” that may even re-source the EU as a whole. The book’s engaging story and original argument may appeal not only to experts of European politics and democracy, but also to interested or emotionally invested citizens, of whatever nationality.

Health Systems Governance in Europe

Author: Elias Mossialos
Publisher: Cambridge University Press
ISBN: 0521761387
Format: PDF, ePub, Mobi
Download Now
There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy.