The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
This award-winning book answers some of the big questions on the legitimacy of the European Union. Specifically, it looks at what it would mean for the EU to be considered a legitimate body and where our ideas on this question come from. The Struggle for EU Legitimacy traces the history of constructions and contestations of the EU's legitimacy, in discourses of the European institutions and in public debate. Through an interpretive, non-quantitative textual analysis of an eclectic range of sources, it examines both long-term patterns in EU-official discourses and their reception in member-state public spheres, specifically in the German and French debates on the Maastricht and Constitutional Draft Treaties. The story told portrays the history of legitimating the EU as a continuous contest over the ends and goals of integration, as well as a balancing act—which was inescapable given the nature of the integration project—between 'bringing the people in' and 'keeping them out'. In addition, it was a balancing act between actively politicizing and deliberately de-politicizing the stakes of EU politics.
This book suggests a new explanation of the European Union's legal system, emphasising its break with the inter-state retaliation mechanisms and how Europe's special form of legal integration is facilitated by intra-industry trade, parliamentary forms of national government, and European welfare states.
Vols. 4-38, 40-41 include Record of political events, Oct. 1, 1888-Dec. 31, 1925 (issued as a separately paged supplement to no. 3 of v. 31- 38 and to no. 1 of v. 40)
It is universally accepted that there has been a huge growth in EU lobbying over the past few decades. There is now a dense EU interest group system. This entirely new volume, inspired by Mazey & Richardson's 1993 book Lobbying in the European Community, seeks to understand the role of interest groups in the policy process from agenda-setting to implementation. Specifically, the book is interested in observing how interest groups organise to influence the EU institutions and how they select different coalitions along the policy process and in different policy domains. In looking at 20 years of change, the book captures processes of institutional and actor learning, professionalisation of lobbying, and the possible emergence of a distinct EU public policy style. More specifically, from the actors' perspective, the editors are interested in assessing how the rise of direct lobbying and the emergence of fluid issue-based coalitions has changed the logic of collective action, and what is the potential impact of 'venue-shopping' on reputation and influence. From an institutional perspective, the contributors explore resource and legitimacy demands, and the practical impact of consultation processes on the emergence of a distinct EU lobbying relationship. It will be essential reading for academics and practitioners alike.
This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Civil Society Organizations (CSOs) can make a vital contribution to public health and health systems, but harnessing their potential is complex in a Europe where government-CSO relations vary so profoundly. This study is intended to outline some of the challenges and assist policy-makers in furthering their understanding of the part CSOs can play in tandem and alongside government. To this end it analyzes existing evidence and draws on a set of seven thematic chapters and six mini case studies. They examine experiences from Austria, Bosnia-Herzegovina, Belgium, Cyprus, Finland, Germany, Malta, the Netherlands, Poland, the Russian Federation, Slovenia, Turkey and the European Union and make use of a single assessment framework to understand the diverse contexts in which CSOs operate. The evidence shows that CSOs are ubiquitous, varied and beneficial, and the topics covered in this study reflect such diversity of aims and means: anti-tobacco advocacy, food banks, refugee health, HIV/AIDS prevention and cure, and social partnership. CSOs make a substantial contribution to public health and health systems with regards to policy development, service delivery and governance. This includes evidence provision, advocacy, mobilization, consensus building, provision of medical services and of services related to the social determinants of health, standard setting, self-regulation and fostering social partnership. However, in order to engage successfully with CSOs, governments do need to make use of adequate tools and create contexts conducive to collaboration. To guide policy-makers working with CSOs through such complications, and help avoid some potential pitfalls, the book outlines a practical framework for such collaboration. This suggests identifying key CSOs in a given area; clarifying why there should be engagement with civil society; being realistic as to what CSOs can or will achieve; and an understanding of how CSOs can be helped to deliver.
European governance ranks high on the present research agenda on Europe and has attracted considerable attention in public debate in the course of the past decade. This book takes a special approach as it highlights the multi-faceted interconnectedness of EU and national governance that comes with public policy making in the European space. The volume is a well chosen selection from the research of leading European scholars. These scholars provide an insight into the current debate on European governance by using state-of-the art, theory-orientated empirical research. The individual chapters give evidence of the functioning and the deficiencies of the penetrated system of governance that has emerged within the European Union. The spreading of competence across different levels and multiple arenas has created a dense and complex network of trans-national negotiations, shifting attention and resources from the national to the European space. European governance puts national governments under considerable pressure to live up to the competing demands of efficient performance and democratic accountability. Though member-states all face the same challenge, they have responded with different kinds of strategies. EU involvement has contributed to the restructuring of the relationship between the legislative and the executive and touches upon the equilibrium between the political and the economic sphere. It influences the interactions between political actors on the one hand and societal actors and the public on the other. The contributions highlight the diverse mechanisms which link EU and national governance and demonstrate the constraints but also the readiness and capacity of political bodies to adapt to demands from their environment. While the volume documents the sensitivity and vulnerability which is associated with interdependent governance, it also gives evidence of learning processes and successful adjustment which is achieved by developing a differentiated and flexible intitutional setting and which allows for further integration. Apart from this more functional view, individual chapters look at the penetrated system of European governance from a normative perspective and investigate the prospect of improving parliamentary accountability and the formation of a European public space.
Many people believe that the EU lacks solidarity and needs a social dimension. This debate is not new but, until recently, the notion of a 'social Europe' remained vague and elusive. What is now required is a coherent conception of the reasons behind and the agenda for a European Social Union. This book offers the first in-depth examination of the rationale and feasibility of such a Social Union. It explores how we can justify, define and demarcate an appropriate notion of European solidarity and examines legal and political barriers. In short, rather than merely deploring the lack of a social dimension to the EU, it provides new perspectives and answers to questions of 'why', 'what', and 'how'. A cast of outstanding scholars and practitioners reflect on the obstacles and solutions, incorporating economic, social, philosophical, legal and political perspectives.
This book offers an interdisciplinary and in-depth analysis of the relationship between intercultural dialogue and multi-level governance, seen from a human rights-based perspective. It brings together papers that were originally presented at international workshops organised by the Jean Monnet Centre of Excellence of the University of Padua in 2010-2011 with some additional contributions. The authors deal with a broad and diversified framework of concepts, policy approaches and linkages between multi-level governance and intercultural dialogue, particularly in the fields of education and civil society participation. The volume follows a multi-disciplinary approach and presents these readings and reflections for an audience of scholars, as well as individuals and organisations interested in issues around human rights, governance, education and civil society. Its innovative approach addresses the complex issues of today's societies, which are in need of sustainable, coherent and responsible answers at both the conceptual and the policy level.<BR> In short, the book proposes a reading of interconnecting trajectories from governance building, education and civil society to intercultural dialogue in Europe. It is grounded in a human rights perspective and responds to the need for a policy-oriented but value-driven European future.
Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.
Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.
Governance in Developing Asia is one of the first books of its kind to provide an overview of the role that better governance and citizen empowerment can play in improving public service delivery in developing Asia. The World Development Report 2004 se
This book provides a broad-ranging assessment of the Court's contribution to the integration process. It also examines why the Court's active role has not encountered greater opposition, and analyses the implications for the Court confronting the EU.
This book considers the environmental policies that the EU employs outside its borders. Using a systematic and coherent approach to cover a range of EU activities, environmental issues, and geographical areas, it charts the EU’s attempts to shape environmental governance beyond its borders. Key questions addressed include: What environmental norms, rules and policies does the EU seek to promote outside its territory? What types of activities does the EU engage in to pursue these objectives? How successful is the EU in achieving its external environmental policy objectives? What factors explain the degree to which the EU attains its goals? The book will be of interest to students and academics as well as practitioners in governments (both inside and outside of the EU), the EU institutions, think tanks, and research institutes.
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science oflaw and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: thestrategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' aroundthe world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.
A passionate examination of why international anti-corruption fails to deliver results and how we should understand and build good governance.