From Hard to Soft: Governance in the EU Internal Market

2013 ◽  
Vol 15 ◽  
pp. 101-137 ◽  
Author(s):  
Vassilis Hatzopoulos
Keyword(s):  
Mutual Recognition ◽  
Self Regulation ◽  
Internal Market ◽  
New Governance ◽  
Chronological Order ◽  
New Approach ◽  
Three Generations ◽  
Soft Governance ◽  
Delegation Of Powers ◽  
The Eu

AbstractAt least three generations of governance methods have been—and are still being—used for the regulation of the internal market: the classic EU method, leading to harmonisation and (more rarely) unification; the ‘new approach’ based on mutual recognition and the use of standards; and ‘new governance’ which does not entail any formal delegation of powers to the EU and operates through self-regulation, the creation of EU agencies and networks, administrative cooperation and other means of open coordination. It is impossible to establish either a hierarchy or a clear chronological order between these methods, while it is also quite difficult to reach a clear conclusion as to their efficiency. What is certain is that all methods of governance are under constant adjustment and that they all feed into one another in order to secure the smooth operation of the internal market. The interaction between these methods is the topic of the present chapter.

From Hard to Soft: Governance in the EU Internal Market

2013 ◽  
Vol 15 ◽  
pp. 101-137
Author(s):  
Vassilis Hatzopoulos
Keyword(s):  
Mutual Recognition ◽  
Self Regulation ◽  
Internal Market ◽  
New Governance ◽  
Chronological Order ◽  
New Approach ◽  
Three Generations ◽  
Soft Governance ◽  
Delegation Of Powers ◽  
The Eu

AbstractAt least three generations of governance methods have been—and are still being—used for the regulation of the internal market: the classic EU method, leading to harmonisation and (more rarely) unification; the ‘new approach’ based on mutual recognition and the use of standards; and ‘new governance’ which does not entail any formal delegation of powers to the EU and operates through self-regulation, the creation of EU agencies and networks, administrative cooperation and other means of open coordination. It is impossible to establish either a hierarchy or a clear chronological order between these methods, while it is also quite difficult to reach a clear conclusion as to their efficiency. What is certain is that all methods of governance are under constant adjustment and that they all feed into one another in order to secure the smooth operation of the internal market. The interaction between these methods is the topic of the present chapter.

scholarly journals From Integration to Exclusion: EU Composite Administration and Gaps in Judicial Accountability in the Authorisation of Pharmaceuticals

2019 ◽  
Vol 10 (2) ◽  
pp. 393-411 ◽  
Author(s):  
Sabrina RÖTTGER-WIRTZ ◽  
Mariolina ELIANTONIO
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
Composite Structures ◽  
Marketing Authorisation ◽  
Mutual Recognition ◽  
Internal Market ◽  
Pharmaceutical Marketing ◽  
Commission Decision ◽  
Decision Making Processes ◽  
The Eu

In the EU, pharmaceuticals are subject to a marketing authorisation requirement that, depending on the type of product concerned, can be obtained either centrally through a Commission decision with EU-wide effects or in the Member States, potentially subject to mutual recognition in composite authorisation procedures. These composite decision-making processes can nowadays be considered a standard way of administrative decision-making in the EU internal market. Yet, judicial supervision remains anchored in the separation of jurisdictions between the national and the EU level, and between national levels. This article explores the challenges posed to judicial review in the case of pharmaceutical marketing authorisations when European administrative composite structures are used.

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.

Mutual Recognition of Driving Licences in the EU – Current State of Integration and Perspectives

2020 ◽  
Vol 13 (3) ◽  
pp. 37-60
Author(s):  
Meinhard Schröder
Keyword(s):  
International Law ◽  
Information Exchange ◽  
Mutual Recognition ◽  
Internal Market ◽  
Public International Law ◽  
Driving Licence ◽  
Current State ◽  
Lack Of Information ◽  
Principle Of Territoriality ◽  
The Eu

A driving licence is a document and an administrative act, which is, according to the principle of territoriality, only valid in the territory of the issuing State. This is incompatible with practical needs of international traffic, and mutual recognition helps to overcome the problem. This article presents the development of mutual recognition of driving licences in the EU, from pre-existing public international law to current harmonising legislation and the relevant ECJ jurisprudence. It finds that once there was sufficient harmonisation, the ECJ promoted mutual recognition, while the EU legislator had to close the loopholes for 'driving licence tourism' by amending the directives. Unlike in other areas of the internal market, primary law never played an important role for the mutual recognition of driving licences. Determining the current state of integration, the article identifies a lack of information exchange between Member States and a lack of harmonisation of sanctions as main obstacles for full, unconditional recognition, and proposes ways leading towards an 'internal market of driving licences'.

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