Law and Governance in Postnational Europe: Compliance Beyond the Nation-StateMichael Zürn, Christian Joerges Cambridge University Press, 3 февр. 2005 г. This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law. |
Содержание
1 | |
3 | |
7 | |
Four theoretical perspectives | 18 |
14 Empirical and normative results | 30 |
The analysis of compliance with international rules Definitions variables and methodology | 40 |
22 Conceptualizing compliance the dependent variable | 41 |
23 Conceptualizing the independent variables | 47 |
46 Explaining noncompliance | 146 |
Politics of intergovernmental redistribution Comparing compliance with European and federal redistributive regulations | 149 |
52 Intergovernmental redistribution in the EU and Germany | 150 |
53 Good compliance in the EU and recalcitrant compliance in Germany | 157 |
54 Explaining compliance | 159 |
55 Compliance with redistributive arrangements | 174 |
56 Annex | 177 |
Conclusions the conditions of compliance | 183 |
24 Perspectives variables hypotheses and values | 62 |
State aid control at the national European and international level | 65 |
31 State aid control regulations and the cases of dispute settlement | 68 |
32 The degrees of compliance with the state aid control regulations | 82 |
Explaining the comparative empirical result | 92 |
Comparing compliance with state aid control regimes at three political levels | 114 |
Domestic limits of supranational law Comparing compliance with European and international foodstuffs regulations | 118 |
42 Basic trade rules in the EU and WTO | 119 |
43 Compliance with European and WTO rules | 122 |
44 Dealing with noncompliance | 125 |
45 Explaining compliance | 129 |
62 Determinants and dynamics of compliance beyond the nationstate | 191 |
63 Implications for the study of European integration | 208 |
64 Political implications | 214 |
Compliance research in legal perspectives | 218 |
National European and international governance | 222 |
73 Legal queries with compliance research | 225 |
74 Lessons from the case studies | 244 |
75 A restatement and outlook | 255 |
References | 262 |
Index | 293 |
Другие издания - Просмотреть все
Law and Governance in Postnational Europe: Compliance Beyond the Nation-State Michael Zürn,Christian Joerges Недоступно для просмотра - 2011 |
Law and Governance in Postnational Europe: Compliance Beyond the Nation-State Michael Zürn,Christian Joerges Недоступно для просмотра - 2005 |
Law and Governance in Postnational Europe: Compliance Beyond the Nation-state Michael Zürn,Christian Joerges Недоступно для просмотра - 2005 |
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acceptance actors addressees administrative agreements aid control regulations aid schemes Alcan applied argued Article assessment Baden-Württemberg behavior British beef chapter Chayes civil internalization codices comitology Commission Community compliance crises compliance research comply Constitutional Court context Court of Justice decision degree of compliance discourse Dispute Settlement Body domestic EC Treaty economic effect empirical enforcement EU's European Commission European Court European law European Parliament European Union federal redistributive regime foodstuffs Frankfurter Allgemeine Zeitung funds GATT German horizontal hormones implementation important institutional integration interest intergovernmental international law issues Joerges juridification Länder governments legal hierarchy legal internalization legal system legitimacy material hierarchy measures mechanisms ment nation-state normative obligations participation perspective political scientists precautionary principle problem procedures programs question rational institutionalism regulatory rules social societal structural studies Süddeutsche Zeitung supranational supranationalism third parties tion tional trade transnational variables Zürn
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Стр. 120 - Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States. 36. The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic...
Стр. 187 - constitutionalization of the treaty system' refers to the process by which the EC treaties have evolved from a set of legal arrangements binding upon sovereign states into a vertically integrated legal regime conferring judicially enforceable rights and obligations on all legal persons and entities, public and private, within EC territory.
Стр. 246 - Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the common market.
Стр. 121 - Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health...
Стр. 131 - Prompt compliance with recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all Members.
Стр. 119 - States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the Articles dealing with the abolition of customs duties and quantitative restrictions between Member States.
Стр. 16 - The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
Стр. 119 - Member States shall progressively adjust any State monopolies of a commercial character so as to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.
Стр. 14 - The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed.
Стр. 130 - In order to ensure the proper functioning and development of the common market, the Commission shall: ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied...
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