Law and Governance in Postnational Europe: Compliance Beyond the Nation-State

Front Cover
Michael Zürn, Christian Joerges
Cambridge University Press, 2005 M02 3
This 2005 book argues that Europeanization and globalization have led to ever-more intensive legalization at transnational level. What accounts for compliance beyond the nation-state? The authors tackle this question by comparing compliance with regulations that have been formulated in a very similar way at different levels of governance. They test compliance with rules at the national level, at the regional level (EU), and at a global level (WTO), finding that in fact the EU has higher levels of compliance than both international and national rules. The authors argue that this is because the EU has a higher level of legalization, combined with effective monitoring mechanisms and sanctions. In this respect it seems that the European Union has indeed achieved a high level of legalization and compliance, though the authors add that this achievement does not settle the related queries with the legitimacy of transnational governance and law.

From inside the book

Contents

Introduction Law and compliance at different levels
1
11 The principal contest
3
12 Comparing compliance across levels
7
Four theoretical perspectives
18
14 Empirical and normative results
30
The analysis of compliance with international rules Definitions variables and methodology
40
22 Conceptualizing compliance the dependent variable
41
23 Conceptualizing the independent variables
47
46 Explaining noncompliance
146
Politics of intergovernmental redistribution Comparing compliance with European and federal redistributive regulations
149
52 Intergovernmental redistribution in the EU and Germany
150
53 Good compliance in the EU and recalcitrant compliance in Germany
157
54 Explaining compliance
159
55 Compliance with redistributive arrangements
174
56 Annex
177
Conclusions the conditions of compliance
183

24 Perspectives variables hypotheses and values
62
State aid control at the national European and international level
65
31 State aid control regulations and the cases of dispute settlement
68
32 The degrees of compliance with the state aid control regulations
82
Explaining the comparative empirical result
92
Comparing compliance with state aid control regimes at three political levels
114
Domestic limits of supranational law Comparing compliance with European and international foodstuffs regulations
118
42 Basic trade rules in the EU and WTO
119
43 Compliance with European and WTO rules
122
44 Dealing with noncompliance
125
45 Explaining compliance
129
62 Determinants and dynamics of compliance beyond the nationstate
191
63 Implications for the study of European integration
208
64 Political implications
214
Compliance research in legal perspectives
218
National European and international governance
222
73 Legal queries with compliance research
225
74 Lessons from the case studies
244
75 A restatement and outlook
255
References
262
Index
293
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Page 120 - Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States. 36. The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic...
Page 187 - constitutionalization of the treaty system' refers to the process by which the EC treaties have evolved from a set of legal arrangements binding upon sovereign states into a vertically integrated legal regime conferring judicially enforceable rights and obligations on all legal persons and entities, public and private, within EC territory.
Page 246 - Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the common market.
Page 121 - Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health...
Page 131 - Prompt compliance with recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all Members.
Page 119 - States shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the Articles dealing with the abolition of customs duties and quantitative restrictions between Member States.
Page 16 - The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.
Page 119 - Member States shall progressively adjust any State monopolies of a commercial character so as to ensure that when the transitional period has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States.
Page 14 - The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed.
Page 130 - In order to ensure the proper functioning and development of the common market, the Commission shall: ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied...

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