constructing a european market standards regulation and governance

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Constructing A European Market

Author : Michelle Egan
ISBN : 9780191529528
Genre : Political Science
File Size : 72. 87 MB
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Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.

The Constitution Of Private Governance

Author : Harm Schepel
ISBN : 9781847311078
Genre : Law
File Size : 43. 84 MB
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In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and status of these private product safety standards in the legal regulation of integrating markets. In international and regional trade law as in European and American constitutional and administrative law, tort law and antitrust law, the book analyses the ways in which legal systems can and do recognise private norms as 'law.' This sociological question of law's recognition of private governance is indissolubly connected with a normative question of democratic theory: can law recognize legal validity and democratic legitimacy outside the constitution, without constitutional political institutions and beyond the nation state? Or: can law 'constitute' private transnational governance? The book offers the first systematic treatment of European, American and international 'standards law' in the English language, and makes a significant contribution to the study of the processes of globalization and privatization in social and legal theory. For the thesis on which this book was based Harm Schepel was awarded the first EUI Alumni Prize for the "best interdisciplinary and/or comparative thesis on European issues" written at the EUI in recent years.

Cross Border Class Actions

Author : Arnaud Nuyts
ISBN : 9783866539679
Genre : Law
File Size : 32. 72 MB
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Whether with regard to mass torts or as means of private enforcement of antitrust policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. In the last years, some EU Member States have made their own attempts at collective redress institutions. In this book, distinguished experts evaluate the problems of cross-border class actions and make proposals for a "European way" appropriate for the 21st century.

Innovative Governance In The European Union

Author : Ingeborg Tömmel
ISBN : STANFORD:36105132225033
Genre : Business & Economics
File Size : 21. 98 MB
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Do the traditional tools of governance make sense in the decidedly nontraditional political entity that is the European Union? Or are the realities of the unique EU system generating new, and sometimes eclectic approaches to policymaking? Responding to these questions, Innovative Governance in the European Union explores the emergence and development of governance approaches in a wide range of policy areas.The book¿s strong conceptual framework coupled with extensive empirical studies allows systematic comparison across EU policy areas. It also sheds light on the politics of policymaking in the context of the incentives and constraints set by the EU¿s institutional structure. Taken as a whole, it provides a comprehensive and authoritative overview of the forms of governance now emerging in the European Union.

Governance Citizens And Consumers

Author : Mark Bevir
ISBN : 0230517285
Genre : Social Science
File Size : 46. 74 MB
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This is the first book to bring together a focus on governance with that on cultures of consumption. It asks about the changing place of the consumer as citizen in recent trends in governance, about the tensions between competing ideas and practices of consumerism, and about the active role of consumers in the construction of governance. The book seeks to expand the debate about consumers and governance and to raise the possibility of new conceptions and policy agendas.

Journal Of European Integration

Author :
ISBN : STANFORD:36105132690996
Genre : Europe
File Size : 40. 95 MB
Format : PDF
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European Agencies And Risk Governance In Eu Financial Market Law

Author : Paul Weismann
ISBN : 9781317480174
Genre : Business & Economics
File Size : 82. 45 MB
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The phenomenon of ‘agencification’ describes the EU legislator’s increasing establishment of European agencies to fulfil tasks in a variety of EU policies. The creation of these decentralised administrative entities raises a number of questions; for example, on the limits to such delegation of powers, on the agencies’ institutional development and possible classification, and on the role of comitology committees as an institutional alternative. This book examines the EU’s ‘agencification’ with regard to these questions, on the basis of and with reference to which the focus is laid on the European agencies operating in the field of financial market risk governance. This analysis not only encompasses the three European Financial Market Supervisory Authorities (the ESAs), but also takes into account the institutional change brought about by the Banking Union, more specifically the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). While the SRM sets in place a new European agency, the Single Resolution Board (SRB), the SSM establishes and empowers a new body within the organisation of the European Central Bank (ECB), the Supervisory Board. By exploring the organisation, the tasks and the powers of these actors in financial market regulation and supervision, the book points at the current peak of the institutional development of European agencies and assesses organisation and unprecedented powers with a view to their compliance with EU law, in particular the Treaties and the respective case law of the European courts. As an evaluation of various aspects of the progressing centralisation of regulatory power on the EU level, which is exercised by an increasingly decentralised administrative apparatus, this book will be of great interest and use to students and scholars of EU law, financial law and regulation, and European politics.

Extending Experimentalist Governance

Author : Jonathan Zeitlin
ISBN : 9780191036590
Genre : Political Science
File Size : 25. 56 MB
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Extending Experimentalist Governance? takes as its point of departure three observations about the current state of transnational regulation within and beyond the EU: · Across a wide and expanding range of policy fields, the EU has developed over the past 15 years a new architecture of experimentalist governance based on framework rule making and revision through recursive review of implementation experience in diverse local contexts. · Through a variety of institutional mechanisms and channels, the EU is actively seeking to extend its own internal rules, norms, standards, and governance processes beyond the Union's borders to third countries and the wider world. · In a number of major issue-areas, experimentalist regimes with similar architectural features to those within the EU appear to be developing on a global or transnational scale. The book's goal is to explore, both empirically and theoretically, the relationship between these three contemporaneous trends, and to assess their consequences for the EU's evolving role in transnational regulation. The book tackles these questions about the external dimension of EU experimentalist governance and its relationship to broader trends in transnational regulation through in-depth analysis of recent developments across a series of key policy domains by a distinguished interdisciplinary group of European and North American scholars. The domains addressed include neighbourhood policy, food safety, GMOs, chemicals, forestry, competition, finance, data privacy, disability rights, crisis management, justice, and security.

European Public Private Collaboration

Author : Ulrika Mörth
ISBN : UOM:39015076115008
Genre : Political Science
File Size : 47. 71 MB
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This book looks at some of the major themes concerning governance in the EU, namely the focus on market-friendly regulations, output legitimacy and how the requirement of efficiency is combined with the requirement of democratic accountability. The dilemma between efficiency and democratic accountability is analysed in three cases of close collaboration between public and private actors: the European satellite navigation programme (Galileo), the European Investment Bank and Health Policies, and the European Financial market - especially the banking sector.The background to this interest in the dilemma between efficiency and democratic accountability is that this is a time when the borders between the public and private spheres are being re-evaluated, transferred and becoming more porous. The author makes a compelling case to show that authority is being shared between public and private actors, rather than power being delegated - in contrast with the apparent mode of democratic accountability. European Public-Private Collaboration will be warmly welcomed by postgraduate students and researchers of European studies and public policy.

Managing Economies Trade And International Business

Author : Aidan O'Connor
ISBN : NWU:35556040183915
Genre : Business & Economics
File Size : 57. 22 MB
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The current phase of globalization and the increased interconnectedness of economies through trade have influenced the management and growth rates of economies and also the competitive and managerial issues for firms. This book focuses on three main issues – economic growth and sustainable development; trade, law and regulation; and competitive and managerial issues in international business – from a multidisciplinary, transversal and eclectic perspective. The themes are representative of the main issues for governments, regulators and international firms in a globalized trading system, while the contents epitomize the specific aspects of economics, sustainability, trade, regulation, law, politics and management. A diverse range of contributors with international academic and practitioner experience in their respective fields of expertise provide the varied perspectives and represent disciplines such as economics, law, politics, management and information systems. The thematic focus of this book is of interest to academics and students as well as practitioners because the themes are particularly relevant to those who are in business in an international context or those in international policy roles in government and regulatory authorities.

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