ISBN : 9780198817468
In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed.
This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures.
The volume endeavours to explain the adaptability of the EU legal order provided that the legal instruments at the Union's disposal appear to be identical to when the Treaty of Rome came into force 60 years ago. It also explores the challenges that the producing and quality of acts pose for the EU's legal order, such as alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.
Marise Cremona & Claire Kilpatrick: Introduction; 1 Deirdre Curtin: Legal Acts and the Challenges of Democratic Accountability; 2 Paivi Leino: The Politics of Efficient Compromise in the Adoption of EU Legal Acts; 3 Claire Kilpatrick: Abnormal Sources and Institutional Actions in the EU Sovereign Debt Crisis: ECB Crisis Management and the Sovereign Debt Loans; 4 Mark Dawson: New Governance in the EU after the Euro Crisis: Retired or Reborn?; 5 Aukje A.H. van Hoek: The Social Dialogue as a Source of EU Legal Acts - Past Performance and Future Perspectives; 6 Bruno De Witte & Thibault Martinelli: Treaties between EU Member States as Quasi-Instruments of EU Law; 7 Alan Dashwood: EU Acts and Member State Acts in the Negotiation, Conclusion and Implementation of International Agreements