New Governance and the Transformation of European Law

£114.00

New Governance and the Transformation of European Law

Coordinating EU Social Law and Policy

Politics and government International institutions Law Laws of specific jurisdictions and specific areas of law Social law and Medical law

Author: Mark Dawson

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Collection: Cambridge Studies in European Law and Policy

Language: English

Published by: Cambridge University Press

Published on: 27th October 2011

Format: LCP-protected ePub

Size: 754 Kb

ISBN: 9781139199704


Introduction to New Governance Methods

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.

Analysis of the Open Method of Coordination

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.

Legitimacy Challenges and Institutional Changes

Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks.

Practical Suggestions for Political Constitutionalisation

The book concludes with some practical suggestions for how a political constitutionalisation of new governance could look.

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