Law Making In The European Union

Overview

The law-making process of the European Union is a topic of primary concern not only for academics from a variety of disciplines, but also for politicians and for citizens of the EU in general. Law Making in the European Union covers every aspect of this subject in a unique and comprehensive manner.

Part I of the book considers issues relating to democracy and legitimacy within the Union, topics which have been the subject of increased debate in recent years. Part II explores the...

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Overview

The law-making process of the European Union is a topic of primary concern not only for academics from a variety of disciplines, but also for politicians and for citizens of the EU in general. Law Making in the European Union covers every aspect of this subject in a unique and comprehensive manner.

Part I of the book considers issues relating to democracy and legitimacy within the Union, topics which have been the subject of increased debate in recent years. Part II explores the role of Parliaments in the law-making process, including both that of the European Parliament and of national parliaments.

The focus shifts in Part III to institutional interaction. The contributions within this section highlight the way in which law making operates in the diverse subject areas which fall within the competence of the Community and the Union, emphasising the way in which the major players interact when passing new legislation.

Finally, Part IV considers problems relating to the harmonisation, implementation and incorporation of Community law within the Member States. The fact that the contributors represent a number of different Member States provides a valuable wider focus for the inquiry.

The WG Hart Legal Workshop is organised under the auspices of the Institute of Advanced Legal Studies of the University of London.

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Product Details

  • ISBN-13: 9789041196835
  • Publisher: Kluwer Law International, BV
  • Publication date: 8/12/1998
  • Series: W. G. Hart Legal Workshop Series
  • Pages: 596
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.31 (d)

Table of Contents

Preface
Introduction
Table of Cases
Table of European Law
Pt. I Democracy and Legitimacy
1 European Models: Polity, People and System 3
2 Democracy and Rulemaking within the EC: An Empirical and Normative Assessment 33
3 The Constitutional Consequences of Lawmaking in the Third Pillar of the European Union 65
4 New Institutionalism and European Union Legal Studies 89
5 Constitutional Politics: The Reciprocal Impact of Lawmaking and Constitutional Adjudication 111
Pt. II Parliaments
6 "The Style and the Machinery": The Role of the European Parliament in the EU's Legislative Processes 137
7 The Co-Decision Procedure: Rethinking the Constitutional Fundamentals 147
8 Harmonisation under Community Law: The Comitology Issue 169
9 The Politics of Information: U.S. Congress and European Parliament 187
10 National Parliaments and the European Union: Where to from here? 209
11 The Committee of European Affairs of the Danish Parliament (The Folketing): How to maintain some parliamentary control of the legislative power of the Combined Executives in the Council of Minister 223
Pt. III Institutional Interaction
12 Lawmaking under the Social Chapter of Maastricht 239
13 The Future of Social Policy-Making in the European Union 262
14 A Hard Look at Soft Law 285
15 "Soft Law" in EC Consumer Law 310
16 The Interplay of the Commission and the Court of Justice in Giving Effect to the Right to Provide Financial Services 332
17 Creating a Directive on Pluralism and the Media Concentration: A Case Study of the European Union Legislative Process 343
18 Accountability of Interest Groups in the Union Lawmaking Process 354
19 Social Law in the European Union: The Impact of the Lawmaking Process 386
20 Animal Passions, Animal Welfare and European Policy Making 412
Pt. IV Harmonisation, Implementation and Incorporation
21 Better Lawmaking? An Evaluation of Lawmaking in the European Community 435
22 Going Dutch: Problems and Policies Concerning the Implementation of EU Legislation in the Netherlands 454
23 Implementing EC Law in France: The Role of the French Conseil D'Etat 479
24 Legal Techniques for Implementing Directives: A Case Study of Public Procurement 491
25 Harmonising European Patent Laws: Why so Little Call for an Appellate System? 511
26 The Legislative Process and the Institutions of the European Union: A Case Study of the Development of European Company Law 529
Index 545
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