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New Governance and the Transformation of European Law

New Governance and the Transformation of European Law
Coordinating EU Social Law and Policy

$134.00 (C)

Part of Cambridge Studies in European Law and Policy

  • Date Published: December 2011
  • availability: In stock
  • format: Hardback
  • isbn: 9781107006324

$ 134.00 (C)
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  • The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.

    • Charts the development of new modes of governance in the EU, thereby providing an alternative account of EU law to those focused on 'hard law' and Courts
    • Provides an in-depth case study of EU social inclusion policy and analyses the extent to which EU intervention in social policy fields (traditionally a national matter) has been successful
    • Considers the development of new governance as part of a procedural 'transformation' of EU law and provides a new theoretical template within which to understand European legal integration
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    Product details

    • Date Published: December 2011
    • format: Hardback
    • isbn: 9781107006324
    • length: 374 pages
    • dimensions: 235 x 155 x 22 mm
    • weight: 0.72kg
    • availability: In stock
  • Table of Contents

    Introduction
    1. The origins of an open method of coordination
    2. Relating governance and law
    3. Governance as proceduralisation
    4. Assessing the procedural paradigm: the case of the OMC SPSI
    5. Constitutionalising new governance
    Epilogue.

  • Author

    Mark Dawson, Hertie School of Governance
    Mark Dawson is an Assistant Professor of European Law at Maastricht University. He is a member of the editorial board of the Maastricht Journal of European and Comparative Law and the co-director of Maastricht University's English language LLM programmes in International Laws, Globalisation and Law and European Law School. He is also a scholar within the Maastricht Centre for European Law.

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