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Network-based Governance in EC Law by Maartje De Visser Pdf
To strengthen the credibility of the EU and its policies, the European Community is increasingly concerned to emphasise effective enforcement of EC law. This book engages in the debate on the better application of European law by offering an integrated analysis of a new institutional arrangement - one that relies on networks grouping the Commission and national administrative authorities. Taking the traditional enforcement paradigms of decentralisation, centralisation and agency-based enforcement as starting points, their benefits and downsides are described and critiqued, and the author concl.
Networked Governance, Transnational Business and the Law by Mark Fenwick,Steven Van Uytsel,Stefan Wrbka Pdf
This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.
Network-Based Governance in EC Law by Maartje De Visser Pdf
To strengthen the credibility of the EU and its policies, the European Community is increasingly concerned to emphasise effective enforcement of EC law. This book engages in the debate on the better application of European law by offering an integrated analysis of a new institutional arrangement - one that relies on networks grouping the Commission and national administrative authorities. Taking the traditional enforcement paradigms of decentralisation, centralisation and agency-based enforcement as starting points, their benefits and downsides are described and critiqued, and the author concludes that there is considerable room for improvement. The book then undertakes a comprehensive analysis of the network model to determine its core characteristics and assess its effectiveness. European competition law and electronic communications law are used as case studies because, inter alia, the networks there have developed an adequate level of sophistication. The book also employs a bottom-up approach, considering how four key Member States (France, Germany, the Netherlands and the United Kingdom) have given effect to the relevant European rules. At the core of the book is a critique of the wider normative attractiveness of the network model. The discussion is kaleidoscopic, engaging with a wide variety of notions including legitimacy, judicial review, subsidiarity, institutional balance and efficiency. The thrust of the book is that network-based governance deserves careful consideration as the model that is able to mediate the competing concerns of coherence for Internal Market reasons, and of diversity and respect for local autonomy. This book is useful for EC competition law and communications law practitioners, and those with a keen interest in institutional and administrative law.
Democratic Network Governance in Europe by M. Marcussen,J. Torfing Pdf
In Northern and Western Europe, and within the EU, governance networks are increasingly conceived as an efficient and legitimate way of formulating and implementing public policy in a complex, differentiated and multilayered world. This book assesses the recent experiences with governance at local, national and transnational levels
The Coordination of the European Union by Andrew Jordan,Adriaan Schout Pdf
Having realized that its traditional mode of coordinating--essentially issuing regulation--no longer commands sufficient political support, the European Union (EU) has turned to what are increasingly referred to as 'new' modes of governance, which rely upon different actors working together in relatively non-hierarchical networks. This book provides the first extended account of how effective they are at addressing 'wicked' policy problems which simultaneously demand greater levels of horizontal and vertical coordination. Taking, as an example, the thirty year struggle to integrate environmental thinking into all areas and levels of EU policy making, it offers a stark reminder that networked governance is not and is unlikely ever to be a panacea. In doing so, it strips away some of the rhetorical claims made about the novelty and appeal of 'new' modes, to reveal a much more sober and realistic appraisal of their coordinating potential.
Law, Public Policies and Complex Systems: Networks in Action by Romain Boulet,Claire Lajaunie,Pierre Mazzega Pdf
This book investigates how various scientific communities – e.g. legal scientists, political scientists, sociologists, mathematicians, and computer scientists – study law and public policies, which are portrayed here as complex systems. Today, research on law and public policies is rapidly developing at the international level, relying heavily on modeling that employs innovative methods for concrete implementation. Among the subject matter discussed, law as a network of evolving and interactive norms is now a prominent sphere of study. Similarly, public policies are now a topic in their own right, as policy can no longer be examined as a linear process; rather, its study should reflect the complexity of the networks of actors, norms and resources involved, as well as the uncertainty or weak predictability of their direct or indirect impacts. The book is divided into three maain parts: complexity faced by jurists, complexity in action and public policies, and complexity and networks. The main themes examined concern codification, governance, climate change, normative networks, health, water management, use-related conflicts, legal regime conflicts, and the use of indicators.
Networking the Rule of Law by Cristina Dallara,Daniela Piana Pdf
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
Methods in Democratic Network Governance by P. Bogason,M. Zølner Pdf
Methodological questions about how to study democratic network governance have so far received little research attention. This book aims to remedy this by addressing some important methodological questions in relation to case studies of the multilevel network governance of employment policy in Britain, France and Denmark.
Networks Governance, Partnership Management and Coalitions Federation by Christophe Assens,Aline Courie Lemeur Pdf
This book explores the governance of networks. A network's governance mechanisms are based on trust and confidence, which go beyond a simple economic logic. As the network's boundaries expand to include clusters of businesses and stakeholders and the emergence of coalitions of all kinds, the trust will gradually dilute and the network's unifying role will be lost. The organization then evolves into the form of a network of networks, where the challenge is to bring together coalitions. Using examples from the European Union and the Regional Health Federation of Networks, this book explores the political and socio-economic challenges, including the decision making and division of tasks, faced by network organizations which move to a federation model of governance.
Network governance has received much attention within the fields of public administration and policy in recent years, but surprisingly few books are designed specifically to help students, researchers, and practitioners examine key concepts, synthesize the growing body of literature into reliable frameworks, and to bridge the theory-practice gap by exploring network applications. Network Governance: Concepts, Theories, and Applications is the first textbook to focus on interorganizational networks and network governance from the perspective of public policy and administration, asking important questions such as: How are networks designed and developed? How are they governed, and what type of leadership do they require? To whom are networks accountable, and when are they effective? How can network governance contribute to effective delivery of public services and policy implementation? In this timely new book, authors Naim Kapucu and Qian Hu define and examine key concepts, propose exciting new theoretical frameworks to synthetize the fast-growing body of network research in public policy and administration, and provide detailed discussion of applications. Network Governance offers not only a much-needed systematic examination of existing knowledge, but it also goes much further than existing books by discussing the applications of networks in a wide range of management practice and policy domains—including natural resource management, environmental protection, public health, emergency and crisis management, law enforcement, transportation, and community and economic development. Chapters include understudied network research topics such as power and decision-making in interorganizational networks, virtual networks, global networks, and network analysis applications. What sets this book apart is the introduction of social network analysis and coverage of applications of social network analysis in the policy and management domains. PowerPoint slides and a sample syllabus are available for adopters on an accompanying website. Drawing on literature from sociology, policy sciences, organizational studies, and economics, this textbook will be required reading for courses on network governance, collaborative public management, cross-sector governance, and collaboration and partnerships in programs of public administration, public affairs, and public policy.
Governance in "Cyberspace":Access and Public Interest in Global Communications by Klaus Grewlich Pdf
`Cyberspace' is the emerging invisible, intangible world of electronic information and processes stored at multiple interconnected sites. The digital revolution leads to `convergence' (of telecommunications, computer/Internet and broadcasting) and to dynamic multimedia value chains. Deregulation and competition are major driving forces in the new interactive electronic environment. This volume contains normative proposals for `cyber'-regulation, including self-regulation, grounded on developments in the EU, US and the Far East, in international organisations (WTO, OECD, WIPO, ITU), in business fora, in NGOs, in the `Internet community' and in academic research. The multi-actor (government, business, civil society) and multi-level analysis (subsidiarity) pertains e.g. to ex-ante and ex-post access-regulation, competition, network economics (external effects, essential facilities), public interest principles (human dignity, free speech, privacy, security), development and culture, consumer protection, cryptography, domain names and copyright. Lawyers, regulators, business executives, investment bankers, diplomats, and civil society representatives need shared essentials of plurilateral `governance' to safeguard both competition and public interest objectives, at a scale congruent to `cyberspace', in the transition to an `international law of cooperation'.
This book develops a sociological understanding of law making in the European Union. In particular, the book focuses on the social function of law in new governance structures promoting decentralized and flexible procedures that encourage deliberation, participation of stakeholders, and public dialogue. It pays attention to both the practical knowledge and the power relations underpinning law making, while seeking to bring to the foreground the importance of compromise in the process. The empirical substantiation of the argument discusses the regulation of technology in the European Union and is premised on case studies of governance of the Internet, patents of high technology, filters used on the Internet to block harmful material, trademark law and domain name dispute resolution by ICANN. To this effect, the book studies the dynamics of constructing a legal argument inside the European Commission, and its role in the process of coordinating the creation of networks, securing enforcement in self regulatory regimes, and steering activity on the part of autonomous groups of actors.
Between Governing and Governance by Poul F Kjaer Pdf
This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalisation in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology.
This book explores the work of transnational bureaucracy networks. These networks address global issues by creating rules – transnational public law – to be incorporated into national legal orders. As classical means fail to legitimize such activities, this book gives a practical account of viable alternative legitimacy mechanisms.
Author : Marco Zinzani Publisher : IUS Commune: European and Comparative Law Series Page : 0 pages File Size : 42,7 Mb Release : 2012 Category : Administrative agencies ISBN : 1780681283
Market Integration Through 'network Governance' by Marco Zinzani Pdf
This book assesses the role of EU agencies and networks of regulators from a legal perspective, thus linking the role of law to the debates on network governance. Two case studies form the core of the research: EU energy and electronic communications regulation. The institutional design of EU energy and electronic communications regulation has evolved in the last two decades. Mechanisms to encourage cooperation between national regulatory authorities have progressively been established: from loose networks of regulators to enhanced networks of regulators, and, eventually, stronger and more formal forms of coordination through European agencies or other new institutional models. In the energy field, a true 'networked' European agency has been created: the Agency for the Cooperation of Energy Regulators (ACER). In telecoms, a two-tier institutional structure has been set up: the Body of European Regulators for Electronic Communications (BEREC) and the Office. The features of ACER and BEREC clearly show the intention to institutionalize the existing networks of regulators and confer a higher status upon them, with a strengthened and recognized position in the EU. However, the transformation of regulatory networks into European agencies and other hybrid institutional network models raises concerns of legitimacy and accountability. (Series: Ius Commune Europaeum - Vol. 110)
