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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 despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.
This volume investigates how the European Union maintains legal order and adaptability despite the persistence of traditional legal instruments in a rapidly evolving political landscape. The editors, Claire Kilpatrick and Marise Cremona, compile expert essays derived from the Academy of European Law to analyze the tension between formal legislative procedures and the emergence of informal, non-traditional normative processes. The work argues that the reconfiguration of legal acts, particularly following the Lisbon Treaty, necessitates a critical re-examination of institutional balance and the rule of law within the Union.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this collection as a rigorous examination of the shifting boundaries of EU governance. Experts frequently note the academic density of the prose, making it a specialized resource for those studying the intersection of institutional law and political theory.
Page Count:
287
Publication Date:
2018-01-01
Publisher:
OUP Oxford
ISBN-10:
0192549634
ISBN-13:
9780192549631
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