Accountability and Legitimacy in the European Union
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 January 2003
- ISBN 9780199257102
- Binding Paperback
- No. of pages558 pages
- Size 242x164x39 mm
- Weight 798 g
- Language English
- Illustrations 7 figures and 2 tables 0
Categories
Long description:
The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate will start to crystallise in 2004, when negotiations on a new set of Treaty changes will begin.
The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book. It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists
... will interest academics, students, policy makers, journalists and anyone concerned with the development of the European Union.
Table of Contents:
Foreword by the Rt Hon Christopher Patten, Member, European Commission
List of contributors
List of abbreviations
Introduction
Part I: Institutions and Decision-making
Issues of Decision-making in the European Union after Nice
Decision-making under the Second Pillar
Decision-Making in the Area of Freedom, Security, and Justice
Accountability and Legitimacy: What is the Contribution of Transparency?
Enhanced Cooperation or Flexibility in the Post-Nice Era
Legitimacy, Accountability, and Delegation in the European Union
The Judicial Architecture of the European Union after Nice
On the Legitimacy and Democratic Accountability of the European Central Bank: Legal Arrangements and Practical Experiences
Part II: Constitutionalism and the Future of Europe
The case for a Constitution for the Union
Drafting a Constitution for Europe: a Case of Too Many "Borders"?
The Delimitation of Powers Between the EU and its Member States
The EU and Democracy - Lawful and Legitimate Intervention in the Domestic Affairs of States?
The Rule of Law in the European Union
Part III: Fundamental Rights and Social Rights
Protecting Fundamental Rights in Europe: a Legal Analysis
The EU Charter of Fundamental Rights
The Principle of Non-Discrimination in the Post-Nice Era
Protecting Fundamental Rights and Social Rights: An Economic Analysis
Part IV: New Governance and the European Union
Social Policy in the Post-Nice Era
EMU and Enlargement: Twin Threats to European Regional Cohesion?
EMU and the Lisbon Goals in an Enlarged European Union
The Governance White Paper, the Commission, and the Search for Legitimacy
Part V: Enlargement and the Movement of People
The Enlargement of the European Union: A Legal Analysis
Legitimacy and Accountability in the EU Enlargement: Political Perspectives from the Candidate States
Free Movement of Persons in the European Union: The Legal Framework
Managing the EU's New External Border
Immigration after Nice: From 'Zero Immigration' to Market Necessity
Concluding Remarks
National States, European Union, and Changing Dynamics in the Quest for Legitimacy
Select Bibliography
Index
