Agencies… European administrative law dialogues (II) – Our Parochial Administrative Law: The value of comparative law for the development of U.S. administrative law (27th November 2023) 10 Dec 202324 Jan 2024 Join us for a discussion with Oren Tamir on his upcoming publication “Our Parochial Administrative Law”. This online event zoomed in on U.S. administrative law and the value of meaningful…
soft law… Hard Rules for Soft Law – The case of European Union telecommunications law, by Emanuel Kollmann 17 Nov 202315 Nov 2023 Since its very beginning, European electronic communications policy has been strongly shaped by the use of ‘soft law’. Reasons for this can be found in the tensions within the institutional…
Agencies… The comply-or-explain mechanism in the European Supervisory Authorities, or: Does Meroni allow nudging?, by Robert Böttner 10 Nov 202315 Nov 2023 The European System of Financial Supervision (EBA, ESMA, and EIOPA as regulatory agencies (the ESAs) and the ESRB responsible for macroprudential oversight) has been established in response to the economic…
soft law Persuasiveness as a Core Virtue of EU Soft Law, by Corina Andone and Florin Coman-Kund 3 Nov 20231 Nov 2023 The current strong reliance on legally obscure ‘soft law’ instruments in EU regulatory governance has quite far-reaching effects blurring and disturbing legal certainty, the distribution of competences between the EU…
Harmonised standards… The Legal Effects of Harmonised Standards in EU law, by Annalisa Volpato 27 Oct 202325 Oct 2023 Technical standards are a form of soft law which has long played a fundamental role in the regulation of the internal market of the EU. The three distinctive characteristics of…
Judicial Review… Is there such a thing as soft wording?, by Petra Lea Láncos & Eljalill Tauschinsky 20 Oct 202319 Oct 2023 What is the difference between hard law and soft law? How can we identify soft norms? These issues occupied lawyers in cases T-721/14 and C-16/16P Belgium v Commission where the…
Environment… Words are stones: Constructing bindingness through language in EU environmental soft law, by Danai Petropoulou Ionescu and Mariolina Eliantonio 13 Oct 202312 Oct 2023 Introduction In a contribution to the recently published volume on The Legal Effects of EU Soft Law, edited by Petra Law Láncos, Napoleon Xanthoulis, and Luis Arroyo Jiménez, which explores…
soft law EU soft law: validity, normativity and “bindingness” reviewed, by Verena Rošic Feguš 6 Oct 20234 Oct 2023 My contribution to the volume on The Legal Effects of EU Soft Law - Theory, Language and Sectoral Insights considers longstanding questions on validity, bindingness and normativity of law through…
soft law Beyond ‘Bindingness’. A Typology of EU Soft Law Legal Effects, by Luis Arroyo Jiménez 29 Sep 202328 Sep 2023 Problem and hypothesis Soft law seems to somehow accommodate two characteristics: it does not have a legally binding nature – or legally binding force, legally binding effects, or simply ‘bindingness’…
soft law The legal effects of EU soft law: An introduction, by Petra Lea Láncos and Luis Arroyo Jiménez 22 Sep 202327 Sep 2023 EU soft law has currently two characteristics: empirically, its spectacular expansion as an instrument of governance; and doctrinally, the uncertainty surrounding the concept and its place in the Union’s legal…