The European Union as an opportunity: structures and uses of European soft law in French, Austrian and Irish eHealth policies

2020 ◽  
Vol 44 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Chloé Bérut
Keyword(s):  
European Union ◽  
Soft Law ◽  
The European Union ◽  
Opportunity Structures

scholarly journals Externalizing Migration Management through Soft Law: The Case of the Memorandum of Understanding between Libya and Italy

Global Jurist ◽  
2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Martino Reviglio
Keyword(s):  
European Union ◽  
International Migration ◽  
Critical Discussion ◽  
International Organization ◽  
Soft Law ◽  
Illustrative Case ◽  
The European Union ◽  
Migration Management ◽  
The Many ◽  
Law Making

Abstract The externalization of migration management to third countries is becoming a recurrent phenomenon in international migration management. Soft law instruments emerged as an important strategy to externalize migration management to third countries through international migration agreements. In particular, in the last years the European Union and some member states have adopted bilateral and multilateral migration agreements in order to diminish the arrival of migrants in Europe. These agreements in the form of soft law instruments are problematic because do not follow the ordinary process of law making and thus it is difficult to assess their legal effectivity. The memorandum of understanding signed in February 2017 between Libya and Italy represents an illustrative case of the process of externalizing migration management through soft law. From a critical discussion of the memorandum, many problems in relation to its legal and material validity follow. In particular, the protection of migrants’ human rights in Libya is not guaranteed as the many international organization and NGOs reports indicate.

Populism and Foreign Policy

2017 ◽  
Author(s):  
Bertjan Verbeek ◽  
Andrej Zaslove
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Cold War ◽  
Radical Right ◽  
The European Union ◽  
Regional Organizations ◽  
Policy Issues ◽  
Opportunity Structures ◽  
The Cold War ◽  
The Impact

This chapter discusses the impact of international politics on the rise of populist parties as well as the impact of populism on the foreign policy of the countries in which populist parties are present. It argues that the end of the Cold War, the advent of globalization, and the impact of regional organizations (e.g. the European Union) presented opportunity structures that facilitated the rise of populist parties. Similarly, the chapter argues that the effect of populist parties on their countries’ foreign policy is largely due to their attaching ideology. The chapter thus distinguishes between four types of populist parties, each attaching salience to different foreign policy issues: the populist radical right, the populist market liberal, the populist regionalist, and the populist left.

Law and public administration: convergence and symbiosis

2005 ◽  
Vol 71 (2) ◽  
pp. 279-294 ◽  
Author(s):  
Carol Harlow
Keyword(s):  
European Union ◽  
Public Administration ◽  
Similar Pattern ◽  
Good Governance ◽  
Administrative Law ◽  
Soft Law ◽  
The European Union ◽  
Public Administrators

In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on ‘soft law’ techniques. The article notes the growing use of ‘soft law’ and recourse to ‘soft’ techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of ‘good governance’ and ‘principles of good administration’ acceptable to both sides are promulgated and enforced by courts. As ‘good governance’ standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.

Legitimacy Claims and Pre-Crisis Transatlantic Alignment

2018 ◽  
Author(s):  
Abraham L. Newman ◽  
Elliot Posner
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Great Powers ◽  
Great Power ◽  
Soft Law ◽  
The European Union ◽  
International Regulation ◽  
Endogenous Change ◽  
Regulatory Powers

Chapter 4 focuses on soft law’s second-order consequences for rising regulatory powers. One of the key puzzles in the international regulation of finance is the persistence of cooperation even as the number of economic great powers increases. The emergence of the European Union as a financial rule-maker in the late 1990s and early 2000s, roughly on par with the United States, resulted in a transatlantic alignment of regulatory approaches, not conflict over the fundamentals. This chapter demonstrates how soft law was used by reform-minded factions in Europe to legitimize their claims and tip in their favor political contests over the modernization of internal regulation. International soft law served as a mechanism of endogenous change, helping to foster a great power preference alignment along market-friendly paths and setting the stage for the financial crisis.

5. The European Union legal system

2021 ◽  
pp. 108-139
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal System ◽  
Soft Law ◽  
The European Union ◽  
Legislative Procedures ◽  
System P ◽  
The Eu

This chapter discusses the EU system’s sources of law covering: primary legislation, secondary Union legislation and other sources of law, including ‘soft law’. It also discusses the legislative procedures, decision-making procedure of the Commission and legislative powers and implied powers. The chapter concludes with a discussion on the application of the principle of subsidiarity and proportionality.

Introduction

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
European Union ◽  
The Other ◽  
Soft Law ◽  
Judicial Activism ◽  
The European Union ◽  
Insolvency Law ◽  
Cross Border ◽  
Model Law ◽  
Concise Description

This chapter is an introduction to the issues involved in cross-border insolvency cases and their regulation as covered by the EIR, which recast the OR. It also provides a view-from-the-cathedral of EU Regulation 2015/848; a concise description of its history, aims, and principles; as well as a list of the other relevant sources of law, including those of soft law such as the UNCITRAL Model Law and the European Communication and Cooperation Guidelines for Cross-border Insolvency (the so-called ‘CoCo Guidelines’). Finally, the role of the Court of Justice of the European Union (CJEU) for the interpretation of European insolvency law and its judicial activism are analysed.

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