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Chapter

Cover EU Law

7. Decision-Making and New Forms of Governance  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter introduces the debate over new modes of decision-making and governance in the EU, and provides an account of the apparent shift towards greater use of these over time. The language of ‘new’ forms of governance in the EU refers to the move away from reliance on hierarchical modes towards more flexible modes as the preferred method of governing. A number of examples of new governance instruments and methods are provided, in particular the ‘new approach to harmonization’ and the ‘open method of coordination’. A number of other EU governance reform initiatives related to the new governance debate are also discussed, such as the subsidiarity and proportionality principles, the ‘better regulation’ initiative, and the Commission White Paper on Governance and its follow-up. The UK version contains a further section analysing issues of new governance in relation to the UK post-Brexit.

Chapter

Cover EU Law

7. Decision-Making and New Forms of Governance  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter introduces the debate over new modes of decision-making and governance in the EU, and provides an account of the apparent shift towards greater use of these over time. The language of ‘new’ forms of governance in the EU refers to the move away from reliance on hierarchical modes towards more flexible modes as the preferred method of governing. A number of examples of new governance instruments and methods are provided, in particular the ‘new approach to harmonization’ and the ‘open method of coordination’. A number of other EU governance reform initiatives related to the new governance debate are also discussed, such as the subsidiarity and proportionality principles, the ‘better regulation’ initiative, and the Commission White Paper on Governance and its follow-up. The UK version contains a further section analysing issues of new governance in relation to the UK post-Brexit.

Book

Cover EU Law

Paul Craig and Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

Chapter

Cover The Substantive Law of the EU

14. Regulating the Internal Market  

This chapter examines the power to harmonize (that is, the power to adopt legislative acts and the possibility to supplement them by non-legislative acts), the different approaches to harmonization adopted by the Union, and the problem of the implementation and enforcement of Union standards. By setting harmonized standards, EU law enables goods, persons, services, and capital to move freely. When viewed from this perspective, harmonization is the complement of the four freedoms. However, it remains a sensitive matter both legally and politically. The chapter also examines the evolution of the digital internal market.

Chapter

Cover European Union Law

6. General principles of law and the Charter of Fundamental Rights  

This chapter discusses the overarching principles of the Union legal order, e.g. subsidiarity, proportionality, sustainability and equality; fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency and legal professional privilege).

Book

Cover EU Law

Paul Craig and Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

Chapter

Cover Steiner and Woods EU Law

1. From EEC to EU: A Brief History of the Development of the Union  

This chapter, which traces the chronological history of the development of the European Economic Community (EEC) into the European Union (EU), explains that the EEC was created by the Treaty of Rome (ToR) in 1957 and discusses Treaties which amended the ToR and led to the development of the EU. These include the Single European Act in 1987, the Maastricht Treaty in 1993, the Amsterdam Treaty in 1999, the Nice Treaty in 2003 and the Lisbon Treaty in 2009. The chapter also describes the nature of the EU and theories explaining the development of the scope of its activities. It summarises the history of the EU, including enlargement, debates over democracy, and the Brexit process, and explains the nature of the EU: supranational, intergovernmental or a form of ‘multi-level governance’?

Chapter

Cover Steiner & Woods EU Law

1. From EEC to EU: a brief history of the development of the Union  

This chapter, which traces the chronological history of the development of the European Economic Community (EEC) into the European Union (EU), explains that the EEC was created by the Treaty of Rome (ToR) in 1957 and discusses Treaties which amended the ToR and led to the development of the EU. These include the Single European Act in 1987, the Maastricht Treaty in 1993, the Amsterdam Treaty in 1999, the Nice Treaty in 2003 and the Lisbon Treaty in 2009. The chapter also describes the nature of the EU and theories explaining the development of the scope of its activities. It summarises the history of the EU, including enlargement, debates over democracy, and the Brexit process, and explains the nature of the EU: supranational, intergovernmental or a form of ‘multilevel governance’?