Arguing that legal rules can be implemented beyond national boundaries, this volume examines compliance beyond the nation-state. Four contributors compare compliance with regulations that have been formulated in a very similar way at different levels of governance. They demonstrate that nation states do not necessarily display the best compliance records and that a high degree of legalization, verification and sanctioning systems seem to be more important.

The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering: the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels...

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term -constitutionalism- is still widely identified with statal...

Classical views of European integration have been shaken by the evolution of the past decade. It has become clear that the traditional division of tasks between the European Union and its Member States, and between the various European institutions no longer provides a valid description of European policy-making. As the EU has become a major actor in the field of risk regulation, new institutional and other actors such as scientific experts and transnational bureaucratic networks increasingly play a major role. This book considers the underlying forces that have brought about such change and...

In this book legal, political and policy analysts examine the emergence of the committee role. For European Parliament comitology represents obstacles to policy making. For lawyers it indicates a strengthening of the administrative branch of government.

Der Fortschritt der Integration und die Erweiterung der Union haben das Projekt einer Verfassungsgebung für Europa motiviert. Unabhängig vom Schicksal des von den Staats- und Regierungschefs i.J. 2004 verabschiedeten Verfassungsvertrages bleibt die Suche nach einer konstitutionellen Form der Union auf der Tagesordnung der Europapolitik. Die geschichtliche Bestimmtheit der europäischen Integration und die sich aus ihr ergebenden Belastungen sind in diesen Debatten kaum ausdrücklich thematisiert worden. Der Band bringt die Gegenwart der Vergangenheit Europas in Beiträgen von Juristen,...

The debate on law, governance, and constitutionalism beyond the State is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close cooperation between its contributors, is to promote a viable interdisciplinary alternative to these developments. -Conflicts-law constitutionalism- is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of...

This theory-guided interdisciplinary study provides a broad conceptual perspective on the current EU crisis which goes beyond short-term detailed analysis.

To many, the rejections of the Constitutional Treaty by Dutch and French voters in 2005 came as a shock. However, given the many tensions and the many unresolved issues it was quite unsurprising. The challenges facing the Constitutional debate go to the core of the European integration process as they have to do with the terms on which to establish a post-national political order.

This book deals with four themes which make up the main sources of the 'constitutional crisis':

• The problem of the rule of law in a context of governance beyond the nation state
...

The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism+? is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of...