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EU LawText, Cases, and Materials

EU Law: Text, Cases, and Materials (7th edn)

Paul Craig and Gráinne de Búrca
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date: 22 September 2021

p. 1947. Decision-Making and New Forms of Governancelocked

p. 1947. Decision-Making and New Forms of Governancelocked

  • Paul CraigPaul CraigEmeritus Professor of English Law, St John's College, University of Oxford
  •  and Gráinne de BúrcaGráinne de BúrcaFlorence Ellinwood Allen Professor of Law, New York University School of Law


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.

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