[PDF] Eurolegalism eBook

Author : R. Daniel Kelemen
Publisher : Harvard University Press
Page : 379 pages
File Size : 13,71 MB
Release : 2011-04
Category : Law
ISBN : 0674046943

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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.

Author : R. Daniel. KELEMEN
Publisher : Harvard University Press
Page : 257 pages
File Size : 50,44 MB
Release : 2009-06-30
Category : Business & Economics
ISBN : 0674039424

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This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School

Author : Antoine Vauchez
Publisher : Bloomsbury Publishing
Page : 306 pages
File Size : 15,8 MB
Release : 2013-03-13
Category : Law
ISBN : 178225093X

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While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.

Author : Antoine Vauchez
Publisher : Cornell University Press
Page : 249 pages
File Size : 19,61 MB
Release : 2021-01-15
Category : Law
ISBN : 1501752561

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The Neoliberal Republic traces the corrosive effects of the revolving door between public service and private enrichment on the French state and its ability to govern and regulate the private sector. Casting a piercing light on this circulation of influence among corporate lawyers and others in the French power elite, Antoine Vauchez and Pierre France analyze how this dynamic, a feature of all Western democracies, has developed in concert with the rise of neoliberalism over the past three decades. Based on interviews with dozens of public officials in France and a unique biographical database of more than 200 civil-servants-turned-corporate-lawyers, The Neoliberal Republic explores how the always-blurred boundary between public service and private interests has been critically compromised, enabling the transformation of the regulatory state into either an ineffectual bystander or an active collaborator in the privatization of public welfare. The cumulative effect of these developments, the authors reveal, undermines democratic citizenship and the capacity to imagine the public good.

Author : Pablo T. Spiller
Publisher : Inter-American Development Bank
Page : 516 pages
File Size : 32,63 MB
Release : 2008-01-01
Category : Business & Economics
ISBN : 159782061X

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What determines the capacity of countries to design, approve and implement effective public policies? To address this question, this book builds on the results of case studies of political institutions, policymaking processes, and policy outcomes in eight Latin American countries. The result is a volume that benefits from both micro detail on the intricacies of policymaking in individual countries and a broad cross-country interdisciplinary analysis of policymaking processes in the region.

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 47,35 MB
Release : 2021-03-25
Category : Law
ISBN : 1509937153

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Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

Author : Aurelio Lippo Brandolini
Publisher : Harvard University Press
Page : 340 pages
File Size : 26,38 MB
Release : 2009
Category : History
ISBN : 9780674033986

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A Socratic dialogue set in the court of King Mattias Corvinus of Hungary (the book was written ca. 1490), the work depicts a debate between the king himself and a Florentine merchant. This is the first critical edition and the first translation into any language. --publisher's description.

Author : Thomas F. Burke
Publisher : Routledge
Page : 358 pages
File Size : 21,82 MB
Release : 2017-08-14
Category : Political Science
ISBN : 1136211195

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Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan’s concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, “Eurolegalism,” Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which “law on the books” shapes social life. Like Kagan’s scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

Author : R. Daniel Kelemen
Publisher : CQ Press
Page : 231 pages
File Size : 33,36 MB
Release : 2014-02-05
Category : Political Science
ISBN : 1483343731

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What can American policymakers learn from the experiences of European democracies? While we can look to our own history and to the ideas emanating from our own public sphere, by looking abroad we can also learn lessons from European policies – from both those that have proven successful and those that have failed. The contributors in this volume examine the ways our European allies have dealt with issues such as rising healthcare and pension costs, large-scale immigration, childcare and work-life balance, and climate change, and ask whether such policies might prove effective in the U.S. context. Brief and engaging, R. Daniel Kelemen’s Lessons from Europe? What Americans Can Learn from European Public Policies is an ideal supplement for comparative public policy courses and would add a provocative comparative component to U.S. public policy courses.

Author : José M. Magone
Publisher : Routledge
Page : 1028 pages
File Size : 31,34 MB
Release : 2014-12-17
Category : Political Science
ISBN : 1317628365

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Since the Treaty of the European Union was ratified in 1993, the European Union has become an important factor in an ever-increasing number of regimes of pooled sovereignty. This Handbook seeks to present a valuable guide to this new and unique system in the twenty-first century, allowing readers to obtain a better understanding of the emerging multilevel European governance system that links national polities to Europe and the global community. Adopting a pan-European approach, this Handbook brings together the work of leading international academics to cover a wide range of topics such as: the historical and theoretical background the political systems and institutions of both the EU and its individual member nations political parties and party systems political elites civil society and social movements in European politics the political economy of Europe public administration and policy-making external policies of the EU. This is an invaluable and comprehensive resource for students, scholars, researchers and practitioners of the European Union, European politics and comparative politics.