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

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

by Mark Dawson


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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.

Product Details

ISBN-13: 9781107006324
Publisher: Cambridge University Press
Publication date: 10/27/2011
Series: Cambridge Studies in European Law and Policy
Pages: 374
Product dimensions: 6.10(w) x 9.00(h) x 0.90(d)

About the Author

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.

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.

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