EU Soft Law in the Member States

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EU Soft Law in the Member States

Theoretical Findings and Empirical Evidence

Law International law

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Collection: EU Law in the Member States

Language: English

Published by: Hart Publishing

Published on: 25th March 2021

Format: LCP-protected ePub

Size: 392 pages

ISBN: 9781509932047


Introduction

This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration.

The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities.

Case Studies and Analysis

The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices.

Theoretical Perspectives

A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.

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