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Governing in Europe: Effective and Democratic?

Fritz Scharpf

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198295457
eISBN:
9780191685118
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198295457.001.0001
Subject:
Political Science, European Union

The problem-solving capacity, and hence the democratic legitimacy, of national governments is being weakened by the dual processes of legal and economic integration in Europe. This loss is not fully ... More


Positive and Negative Integration

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0007
Subject:
Political Science, European Union

Repeated policy failures suggest that the system created by the European treaties is more suitable to the promotion of negative integration than to the development of measures of positive ... More


Contested Social Sovereignty: Welfare States Meet the European Union

Maurizio Ferrera

in The Boundaries of Welfare: European Integration and the New Spatial Politics of Social Protection

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199284665
eISBN:
9780191603273
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199284660.003.0005
Subject:
Political Science, Political Economy

This chapter reconstructs developments of EC law (including case law) relating to social protection, and traces the differential impact that free movement and competition rules have had on the ... More


Negative and Positive Integration

Fritz Scharpf

in Governing in Europe: Effective and Democratic?

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198295457
eISBN:
9780191685118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198295457.003.0003
Subject:
Political Science, European Union

This chapter examines ‘negative integration’ within the European Community and its unique effectiveness in dismantling the post-war controls of national governments over their own economic ... More


Environmental Policy in the Joint-Decision Trap?: The Critical Balance between ‘Market Making’ and ‘Market Correcting’

Katharina Holzinger

in The EU's Decision Traps: Comparing Policies

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199596225
eISBN:
9780191729140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199596225.003.0007
Subject:
Political Science, European Union, International Relations and Politics

The EU began its environmental policy in the early 1970s, long before its legal base was introduced into the Treaty in 1987. Unanimous decision-making and the consultation procedure applied until ... More


The European Contribution

Fritz Scharpf

in Governing in Europe: Effective and Democratic?

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198295457
eISBN:
9780191685118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198295457.003.0006
Subject:
Political Science, European Union

This chapter argues that, in Europe, there are unexploited opportunities for increasing the problem-solving capacity of the multi-level polity. It shows that the Amsterdam commitment to coordinated ... More


Conclusion: Multi-Level Problem-Solving in Europe

Fritz Scharpf

in Governing in Europe: Effective and Democratic?

Published in print:
1999
Published Online:
October 2011
ISBN:
9780198295457
eISBN:
9780191685118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198295457.003.0007
Subject:
Political Science, European Union

This chapter returns to the issue of democratic legitimacy. Even though European institutions in their present shape are able to convey output-oriented legitimacy, the policies that can in fact be ... More


The Interventions of the Court of Justice

Phil Syrpis

in EU Intervention in Domestic Labour Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199277209
eISBN:
9780191707445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199277209.003.0004
Subject:
Law, EU Law, Employment Law

This chapter examines the negative integration case law of the Court of Justice in the labour law field. The Court's tendency to hold that differences between the rules in force in the various Member ... More


Conclusion: The Way Forward

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0017
Subject:
Law, EU Law

This final chapter makes tentative suggestions for the way forward in regulating the policy with its legitimacy deficit. The legitimacy deficit is first based on the identified features of ... More


Restricting Free Movement Rights—Unpacking the Normative Foundations

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0005
Subject:
Law, EU Law

This chapter explains that the reason why the main judicial formulae used to identify restrictions on the market freedoms are so unsatisfactory is that such judicial formulae incompletely reflect ... More


EU Law and Retained Powers of Member States

Lena Boucon

in The Question of Competence in the European Union

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198705222
eISBN:
9780191774294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198705222.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines a neglected phenomenon that occurs in a large number of negative integration cases decided by the European Court of Justice — jurisdictional conflicts between European powers ... More


Conclusion

Susanne K. Schmidt

in The European Court of Justice and the Policy Process: The Shadow of Case Law

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198717775
eISBN:
9780191787287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198717775.003.0008
Subject:
Political Science, European Union

Chapter 8 concludes with a summary of the book’s findings on whether the ECJ is activist. The impact of the ECJ does not require permanent activism, but rather the Court’s significance is tied to the ... More


Introduction: Coming to Constitutional Terms

Robert Schütze

in From International to Federal Market: The Changing Structure of European Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198803379
eISBN:
9780191841576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198803379.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This Introduction offers an overview of the general argument as well as the structure of the book. It presents the idea of market integration and the three main market models that will be used to ... More


The Decline of the International Model

Robert Schütze

in From International to Federal Market: The Changing Structure of European Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198803379
eISBN:
9780191841576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198803379.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

The creation of a common market was (and is) a central task of the European Economic Community and today the European Union. The 1957 EEC Treaty thereby offered a variety of legal instruments to ... More


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