Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

Soft Law in European Community Law

By: Linda Senden
Media of Soft Law in European Community Law
See larger image
Published: 30-09-2004
Format: PDF eBook (?)
Edition: 1st
Extent: 592
ISBN: 9781847311108
Imprint: Hart Publishing
Series: Modern Studies in European Law
RRP: £108.00
Online price : £86.40
Save £21.60 (20%)
 

This book is also available in other formats: View formats

Please note that ebooks are subject to tax and the final price may vary depending on your country of residence.


Delivery & Returns

Tell others about this product

Loren Epson

About Soft Law in European Community Law

This book offers the first systematic investigation of the phenomenon of soft law within the framework of the EC (the first pillar of the EU),and its use by the European Commission and Council of Ministers. It focusses upon how soft law fits into the Community legal system, and how it is used, and, in particular, how it relates to Community legislation.

Differentiation of the Community instruments, including the instruments of soft law, is often thought to enhance the effectiveness, legitimacy and transparency of the Community. This book asks whether soft law indeed provides a satisfactory alternative to legislation from this perspective and, if so, in what cases and under what conditions. Furthermore, the author asks to what extent the use of soft law implies good governance, and throws fresh light on this very heterogenous phenomenon, by looking at frequently used instruments in many different areas of Community law, such as competition law, state aid, environment, social policy etc., in the process identifying their different characteristics, aims, functions and legal effects. What emerges is that the conditions under which soft law is used may be problematic in relation to increasing the legitimacy, effectiveness and transparency of Community action.

This is a work which will interest legal practitioners confronted with the use of soft law and the question of its possible legal effect in an increasing number of sectors and academics interested in the vexed question of how the increased use of soft law can be justified in a Community legal order built upon the rule of law. It is also critical of developments taking place within the framework of the European Convention and the proposed European Constitution, and goes beyond the immediate problems of soft law to touch upon issues such as competence, legal protection, division of powers between the EC and the Member States, institutional balance, lawmaking by the Community Courts, the scope of Community legal principles and the influence of soft law on the progressive development of both Community and national law.

Table Of Contents

Part I Lawmaking in EC Law
1. Setting the Scene
2. Sources of EC Law and EC Legislation

3. Guiding Principles for Legislation


Part II Community Soft Law Instruments
4. Introduction to the Concept of Soft Law in EC Law
5. Categories and Functions of Soft Law


Part III Legal Issues of Community Soft Law
6. Legally Binding Force
7. The Competence to Adopt Soft Law
8. Indirect Legal Effects for the Legislature
9. Indirect Legal Effects for the Judiciary
10. Indirect Legal Effects for the Executive

Part IV Summary, Conclusions and Recommendations
11. The Use of Community Soft Law Evaluated

Bookmark and Share
Close