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Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 1139502980
Category : Law
Languages : en
Pages : 375
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Book Description
The development of non-binding new governance methods has challenged the traditional ideals of EU law by suggesting that soft norms and executive networks may provide a viable alternative. Rather than see law and new governance as oppositional projects, Mark Dawson argues that new governance can be seen as an example of legal 'transformation', in which soft norms and hard law institutions begin to cohabit and interact. He charts this transformation by analysing the Open Method of Coordination (OMC) for Social Inclusion and Protection. While this process illustrates some of the concrete advantages for EU social policy which new governance has brought, it also illustrates their extensive legitimacy challenges. Methods like the OMC have both excluded traditional institutions, such as Courts and Parliaments, and altered the boundaries of domestic constitutional frameworks. The book concludes with some practical suggestions for how a political 'constitutionalisation' of new governance could look.
Author: E. Barcevicius
Publisher: Springer
ISBN: 1137022620
Category : Political Science
Languages : en
Pages : 287
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Book Description
Based on the findings of a large-scale, comparative research project, this volume systematically assesses the institutional design and national influence of the Open Method of Coordination in Social Inclusion and Social Protection (pensions and health/long-term care), at the European Union level and in ten EU Member States.
Author: Lars Magnusson
Publisher: Peter Lang
ISBN: 9789052012803
Category : Business & Economics
Languages : en
Pages : 520
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Book Description
The contributors in this volume examine the practical operations, at national and subnational levels, of the European Employment and Social Inclusion Strategies, which are the most important examples of the Open Method of Co-ordination as a new instrument of EU governance.
Author: E. Barcevicius
Publisher: Springer
ISBN: 1137022620
Category : Political Science
Languages : en
Pages : 287
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Book Description
Based on the findings of a large-scale, comparative research project, this volume systematically assesses the institutional design and national influence of the Open Method of Coordination in Social Inclusion and Social Protection (pensions and health/long-term care), at the European Union level and in ten EU Member States.
Author: Samantha Velluti
Publisher: Routledge
ISBN: 1317130332
Category : Law
Languages : en
Pages : 227
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Book Description
Containing contributions by some of the best known researchers in the field, this volume considers the intersection between the Open Method of Coordination (OMC), a relatively new mode of policy-making, and gender equality, a long-standing area of EU policy. It draws on a range of disciplinary perspectives to examine the effectiveness of the OMC as a medium for the advancement of gender equality within the EU. It also considers gender in the OMC in a variety of contexts and at both a general EU and Member State level. Central to the discussion is the concept of gender mainstreaming which proposes that a gender equality perspective should be incorporated at every level and opportunity of EU policy and practice. The authors assess how successful this has been in the context of the OMC. The book provides a unique and contemporary body of work on the OMC which adds significantly to existing understandings of this form of governance and informs critical debate of EU social governance.
Author: Leonard F. M. Besselink
Publisher: Kluwer Law International B.V.
ISBN: 9041132627
Category : Law
Languages : en
Pages : 346
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Book Description
Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organizations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: ; the use of the precautionary principle in EU decision-making; the scope of the principle that the exercise of public authority must rest on an act of Parliament; the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; the constitutional position of independent 'regulators'; the requirements that ECJ and ECHR case law impose on the exercise of public authority; whether legislative results are coherent in the sensitive area of equal treatment; transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; new instruments as the Open Method of Coordination and the involvement of social partners in decision-making; the de facto harmonization of national criminal justice systems; and the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.
Author: Ane Aranguiz
Publisher: Routledge
ISBN: 1000563529
Category : Business & Economics
Languages : en
Pages : 201
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Book Description
This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union. Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU’s Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.
Author: Theodōros D. Sakellaropoulos
Publisher: Intersentia nv
ISBN: 9050953697
Category : Law
Languages : en
Pages : 290
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Book Description
This volume is the revised Report, which an international team of experts have prepared for the Greek Ministry of Labour and Social Security in the context of the Greek Presidency of the European Union and presented in the international conference "The Modernisation of the European Social Model. EU Policies and Practices" on 24-25 May 2003, at Ioannina, Greece. The book focuses on the Open Method of Coordination (OMC), its relation to other policy tools used in the European Social Policy and its significance for the fomation of a new European Social Model. The chapters follow the emergence, the evolution and analyze the constituent elements of the OMC in the fields of Social Inclusion and Pensions since the Lisbon Summit. During the Portuguese Presidency OMC encountered a cautious response. The OMC idea made substantial progress during the Belgian Presidency. In the Ioannina conference the OMC had full recognition as a tool for the implementation of European Social Policy. Everyone agreed that important social issues were dealt with more effectively through the OMC, especially when the latter is consolidated after the inclusion of the Charter of the fundamental Rights in the new European Treaty. This progress is sufficiently reflected in the present volume, where it is concluded that through OMC the European Social Model gained a new momentum in terms of effectiveness and legitimacy.
Author: Bart Vanhercke
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
"The process of European integration has irreversibly altered the configuration of national welfare states. In spite of formidable institutional and political hurdles, incremental European social regulation led to the development of a genuine EU social policy. This PhD is mainly concerned with one particular 'soft' EU social policy instrument: the Open Method of Coordination on Social Protection and Social Inclusion ('Social OMC'). The ambition is to understand whether and how the Social OMC has become a significant element in the shaping of national and EU policies, alongside and in interaction with other policy instruments. The main thesis put forward is that the Social OMC - in spite of skeptical academic accounts and repeated attempts to weaken the process - 15 years after its formal launch continues to appeal to EU and domestic actors because it is seen as a tool with an added value in at least two respects. First, the OMC's 'soft' tools are being used by policymakers and stakeholders alike to shape key phases of the 'hard' policy development process. Second, under certain conditions, the OMC operates as a catalyst or selective amplifier for reform strategies, and as a consequence has both substantive and procedural effects on domestic and EU policymaking. This PhD thus shows that OMC in different policy areas is felt and perceived as being much 'harder' than could be expected. Non-binding measures are far from being perceived as irrelevant by the Member States and the decision-making process leading to their adoption involves hard politics of 'soft' governance."--Samenvatting auteur.
Author: Blagoy Kitanov
Publisher: GRIN Verlag
ISBN: 3640693930
Category : Political Science
Languages : en
Pages : 10
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Book Description
Seminar paper from the year 2010 in the subject Politics - Topic: European Union, grade: A-, International Business School Budapest , language: English, abstract: The Open Method of Coordination (OMC) was “born” in the European Union (EU) at the Lisbon Summit of March 2000. A new method of integration was needed in order to achieve the Lisbon agenda – the EU to become the most competitive knowledge based economy in the world with better jobs and greater social cohesion. In this context OMC was presented as the most appropriate policy tool towards achieving an economic and social “revival”. Since its introduction the OMC has gained momentum in European policy-making because many areas previously falling under the exclusive competence of the member states (MS) are now tackled at the European level. Although the OMC was originally designed to foster a problem-solving approach in the area of employment, it has now expanded to include the fields of social exclusion, immigration, pensions and education.
Author: Bent Greve
Publisher: Routledge
ISBN: 0415682924
Category : Business & Economics
Languages : en
Pages : 498
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Book Description
The welfare state in all its many forms has had a profound role in many countries around the world since at least the Second World War. The Routledge Handbook of the Welfare State explores the classical issues around the welfare state, but also investigates its key concepts, along with how these can be used and analysed. This book provides expert analysis of the core issues related to the welfare state, including regional depictions of welfare states around the globe. The book combines essays on methodologies, core concepts and central policy areas to produce a comprehensive picture of what 'the welfare state' means around the world. In the midst of the credit crunch, this book addresses some of the many questions about the welfare state. This book is suitable for students and scholars throughout the social sciences, particularly in sociology, social policy, public policy, international relations, politics, and gender studies.
