7. Decision-Making and New Forms of Governance

EU Law ◽  
2020 ◽  
pp. 194-216
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
White Paper ◽  
New Governance ◽  
Governance Reform ◽  
Reform Initiatives ◽  
Better Regulation ◽  
Apparent Shift ◽  
The Uk ◽  
The Eu

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.

7. Decision-Making and New Forms of Governance

EU Law ◽  
2020 ◽  
pp. 202-224
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
White Paper ◽  
New Governance ◽  
Governance Reform ◽  
Reform Initiatives ◽  
Better Regulation ◽  
Apparent Shift ◽  
The Uk ◽  
The Eu

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.

6. Decision-Making and New Forms of Governance

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
White Paper ◽  
New Governance ◽  
Governance Reform ◽  
Reform Initiatives ◽  
New Approach ◽  
Better Regulation ◽  
Apparent Shift ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able 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 Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

6. Legislation and Decision-Making

EU Law ◽  
2020 ◽  
pp. 155-193
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Eu Legislation ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

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, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.

3. Decision-making and democracy in the EU

2020 ◽  
pp. 61-87
Author(s):  
Sylvia de Mars
Keyword(s):  
Decision Making ◽  
Financial Crisis ◽  
Transition Period ◽  
Democratic Deficit ◽  
Eu Law ◽  
Democratic Government ◽  
Decision Making Processes ◽  
Big Events ◽  
The Uk ◽  
The Eu

This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.

Introduction

2017 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
The Other ◽  
Key Issues ◽  
The Uk ◽  
The Eu

This chapter introduces the book by mapping out the key issues, including the background and the events leading up to the referendum vote on June 23, 2016, which are then examined in depth in the remaining chapters. Specifically, it sets the context of the June 2016 Brexit referendum, analyzes the follow-up to the referendum and the ensuing litigation, discusses the UK notification of withdrawal in March 2017, and examines the start of the negotiations between the UK and the EU in June 2017 and its uncertainties. In addition, the chapter explains the book’s structure and outlines the content of the other chapters of this volume.

EU-UK free movement compromise will need flexibility

2017 ◽  
Keyword(s):  
United Kingdom ◽  
Euro Area ◽  
White Paper ◽  
Free Movement ◽  
Eastern European ◽  
Content Type ◽  
The United Kingdom ◽  
The Uk ◽  
East West ◽  
The Eu

Significance The UK government says it is determined that free movement of people from the EU will end after Brexit. Impacts An upcoming immigration White Paper will provide greater clarity about the UK government’s approach. Proposals to reform the EU's Posted Workers Directive could trigger Eastern European opposition, deepening the east-west divide. Stricter post-Brexit UK immigration policies could lead to labour shortages and skills gaps in sectors such as agriculture and health. Improving euro-area economic prospects could encourage EU nationals living in the United Kingdom to return to the continent.

The 1997 White Paper: a symbolic victory?

2017 ◽  
Author(s):  
Ben Worthy
Keyword(s):  
Decision Making ◽  
White Paper ◽  
Right To Know ◽  
Connected Group ◽  
Rapid Process ◽  
Government Decision ◽  
The World ◽  
The Uk ◽  
Levels Of Support ◽  
Opening Up

In the UK FOI policy developed in a series of phases. This chapter covers the first stage of the development covered the first eight months, from Labour entering power in May 1997 to the publication of the White Paper Your Right to Know in December 1997. At this point, FOI appeared to avoid the ‘symbolic’ trap and overt conflict so frequently seen elsewhere. A small, well-connected group of crusaders inside government took advantage of their own power and used a favourable context to neutralise opposition, with a rapid process lending momentum to a far-Reaching policy. Their efforts resulted in a hugely symbolic White Paper, rapidly formulated, that offered one of the most radical FOI regimes yet seen in the world. The vision was of a political redistribution of power opening up even the very centre of government decision-making (Terrill 2000). However, doubts remained over the policy, its workability and the levels of support for it in government.

An Overview of Regulatory Innovation in the European Union

2009 ◽  
Vol 11 ◽  
pp. 289-320
Author(s):  
Geert van Calster
Keyword(s):  
European Union ◽  
European Commission ◽  
Innovation Process ◽  
White Paper ◽  
Real Solution ◽  
The European Union ◽  
Current State ◽  
European Governance ◽  
The Eu

AbstractThis chapter reviews the regulatory innovation process in the European Union, with a focus on the environmental sector. It examines the EU documents on regulation and, in particular, the ‘eight pillars of European governance’ listed by the European Commission in its follow-up to the 2001 White Paper on European Governance, as a useful means of categorising the practical consequences which the European Union attaches to the different implications of the governance debate in the EU. It goes on to summarise the initiatives on regulatory innovation as kick-started by the White Paper on Governance, and to map the current state of each of these initiatives. It concludes that no fundamental reform is required, but rather only a slim number of targeted remedies; the only real solution to the regulatory fog is acceptance and deregulation.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
White Paper ◽  
Stable System ◽  
Working Relationship ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK's membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK's accession. It then explores cases — from the early 1970s to the present day — which consider the ways in which EU membership has impacted on Parliament's sovereignty. Following this, the chapter explores the legal and political landscape of the UK's departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Bill and its underpinning White Paper.

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