The Undesirability of Soft Law

1998 ◽  
Vol 67 (4) ◽  
pp. 381-391 ◽  
Author(s):  
Keyword(s):  
European Union ◽  
Special Reference ◽  
Soft Law ◽  
The European Union

AbstractThis article investigates some of the drawbacks of the notion of soft law, with special reference to the European Union context. The author argues that soft law, useful as it may seem at first sight, is conceptually awkward, and in particular when emanating from administrative authorities may give rise to some undesirable consequences.

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.

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.

scholarly journals Introducing strategic environmental assessment in Serbia with special reference to the European Union directive and infrastructure corridors

Spatium ◽  
2004 ◽  
pp. 35-40
Author(s):  
Tijana Crncevic
Keyword(s):  
European Union ◽  
Special Reference ◽  
Environmental Assessment ◽  
Strategic Environmental Assessment ◽  
Present Condition ◽  
The European Union ◽  
Technical Requirements ◽  
Legal Situation ◽  
Planning And Construction ◽  
The Eu

In July 2001, the European Union (EU) adopted the Directive 2001/42/EC of the European Parliament and the Council of 27 June 2001 on the Assessment of the Effects of Certain Plans and Programmes on the Environment, known as the Strategic Environmental Assessment (SEA) Directive. The EU countries will have three years, until July 2004, for the integration of the SEA Directive into national laws. The SEA Directive introduces procedural and technical requirements, according to which environmental assessment is compulsory for certain plans and programs but not for policies, except if they are a part of a plan, as well for plans and programs of national defence, civil emergencies, finance and budgets. According to the scope of the SEA Directive, environmental assessment is compulsory for plans and programs for infrastructure corridors ? transport, telecommunication and energy systems. In addition to the overview of the general framework for Strategic Environmental Assessment and the main requirements of the SEA Directive, the current situation in Serbia regarding the present condition of SEA is presented with special reference to the infrastructure corridors. One of the conclusions of this paper is that the main limitation for the implementation of SEA for plans and programs covering infrastructure corridors is the current legal situation. The main law which is supposed to introduce SEA has not been adopted yet, while the scope of the SEA within the new Planning and Construction Act includes SEA only for urban plans and does not cover, among others, plans for infrastructure corridors.

scholarly journals A review of the pre and post COVID–19 State aid rules in the area of R&D&I

2020 ◽  
Vol 175 (2) ◽  
pp. 93-116
Author(s):  
Elizabeth Gil ◽  
Keyword(s):  
European Union ◽  
Special Reference ◽  
Tax Incentives ◽  
Internal Market ◽  
State Aid ◽  
The European Union

This contribution aims to bring clarity about the existing R&D&I State aid rules, being focused on R&D&I tax incentives as a form of State aid. Even if they may fall into the scope of art. 107(1) of the Treaty on the Functioning of the European Union (TFEU), a justification for their compatibility with the internal market can be found on art. 107(3) TFEU. Thus, the author explores both the GBER and the R&D&I Framework to determine the criteria for the compatibility of R&D&I tax incentives. Finally, as the Commission has approved temporary State aid rules for R&D related to COVID–19, a special reference to the temporary measures and its relationship with the existing State aid rules in the area of R&D&I will be made.

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.

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