TY - JOUR A1 - Dawson, Mark T1 - How does the European Court Reason? A Review Essay on the Legal Reasoning of the Court of Justice JF - European Law Journal N2 - This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing ‘correct’ outcomes to the Court's case-law. At the same time, their analysis adds significant findings for the debate over the Court's possible ‘activist’ or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced ‘constitutional dialogue’ with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act. Y1 - 2014 U6 - https://doi.org/10.1111/eulj.12089 SN - 1468-0386 VL - 20 IS - 3 SP - 423 EP - 435 PB - John Wiley & Sons Ltd. CY - Oxford ER - TY - CHAP A1 - Dawson, Mark T1 - The EU as a Community of Law: Achieving Diplomatic Goals through Legal Means? T2 - Foreign Policy Breakthroughs Y1 - 2015 SN - 9780190226121 PB - Oxford University Press CY - New York ER - TY - CHAP A1 - Dawson, Mark T1 - Introduction: Exploratory Governance in the Euro Crisis T2 - The Governance Report 2015 Y1 - 2015 ER - TY - CHAP A1 - Dawson, Mark A1 - Enderlein, Henrik A1 - Joerges, Christian T1 - Introduction: The Governance of the Transformation of Europe’s Economic, Political, and constitutional Constellation since the Euro Crisis T2 - Beyond the Crisis: The Governance of Europe’s Economic, Political, and Legal Transformation Y1 - 2015 SN - 9780198752868 U6 - https://doi.org/10.1093/acprof:oso/9780198752868.003.0001 PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Dawson, Mark T1 - Opening Pandora’s Box? The Crisis and the EU Institutions T2 - Beyond the Crisis: The Governance of Europe’s Economic, Political, and Legal Transformation Y1 - 2015 SN - 9780198752868 U6 - https://doi.org/10.1093/acprof:oso/9780198752868.003.0006 PB - Oxford University Press CY - Oxford ER - TY - EDBOOK A1 - Dawson, Mark A1 - Enderlein, Henrik A1 - Joerges, Christian T1 - The governance report 2015 : Eurozone crisis ; economic governance ; institutional dilemmas ; constitutionalism ; indicators Y1 - 2015 SN - 978-0-19-873431-4 N1 - Available as print in your Hertie Library. Als Druckversion in der Hertie Bibliothek verfügbar. PB - Oxford University Press CY - Oxford ER - TY - JOUR A1 - Dawson, Mark T1 - The Legal and Political Accountability Structure of ‘Post‐Crisis’ EU Economic Governance JF - JCMS: Journal of Common Market Studies N2 - How should decision-making under EU economic governance be understood following the euro-crisis? This article argues, contra existing depictions, that the post-crisis EU has increasingly adopted methods of decision-making in the economic field which marry the decision-making structure of inter-governmentalism with the supervisory and implementation framework of the Community Method. While this ‘post-crisis’ method has arisen for clear reasons – to achieve economic convergence between eurozone states in an environment where previous models of decision-making were unsuitable or unwanted – it also carries important normative implications. Post-crisis governance departs from the mechanisms of legal and political accountability present in previous forms of EU decision-making without substituting new models of accountability in their place. Providing appropriate channels of political and legal control in the EU's ‘new’ economic governance should be seen as a crucial task for the coming decade. Y1 - 2015 U6 - https://doi.org/10.1111/jcms.12248 SN - 0021-9886 VL - 53 IS - 5 SP - 976 EP - 993 ER - TY - CHAP A1 - Dawson, Mark A1 - de Witte, Bruno ED - Arnull, Anthony T1 - Welfare policy and social inclusion T2 - The Oxford handbook of European Union law KW - welfare, Lisbon Treaty, social welfare law, social welfare policy, social inclusion, Lisbon Strategy policy Y1 - 2015 SN - 978-0-19-967264-6 SP - 964 EP - 990 PB - Oxford Univ. Press CY - Oxford ER - TY - JOUR A1 - Dawson, Mark A1 - de Witte, Floris T1 - From balance to conflict: a new constitution for the EU JF - European Law Journal Y1 - 2015 SN - 1468-0386 VL - 21 IS - 6 ER - TY - CHAP A1 - Dawson, Mark A1 - Muir, Elise T1 - Enforcing Fundamental Rights in the European Union After the Treaty of Lisbon: What can the Roma case tell us? T2 - European Roma Integration Efforts: A Snapshot N2 - With contributions from scholars in a range of different disciplines, this book reflects upon the achievements and failures to date of integration efforts aimed at Europe's Romani populations. The snapshots provided examine a variety of integration efforts at different levels and involving a range of institutional actors. In doing so, they offer a comprehensive introduction to aspects of human rights and integration within the European Union as well as crucial insights as to the current state of affairs in Europe as policy makers reflect on the current direction of initiatives to combat Romani exclusion.(About the Book) Y1 - 2013 SN - 9789057181573 SP - 99 EP - 127 PB - VUB Press CY - Brüssel ER - TY - CHAP A1 - Dawson, Mark T1 - Soft Law and the Rule of Law in the European Union: Revision or Redundancy T2 - Lawyering Europe: European Law as a Trans-national Social Field N2 - While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process. (About the Book) Y1 - 2013 SN - 9781849463782 SP - 221 EP - 242 PB - Hart CY - Oxford [u.a.] ER - TY - CHAP A1 - Dawson, Mark A1 - Muir, Elise A1 - de Witte, Bruno T1 - The European Court as a Political Actor T2 - Judicial Activism at the European Court of Justice N2 - This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors – from access rules to institutional design and to substantive functions – influencing the European Court’s political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities – and corresponding responsibilities – that the Court’s case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials. (About the Book) Y1 - 2013 SN - 9780857939395 SP - 1 EP - 11 PB - Elgar Publ. CY - Cheltenham [u.a.] ER - TY - CHAP A1 - Dawson, Mark T1 - The Political Face of Judicial Activism: Europe’s Law-Politics Imbalance T2 - Judicial Activism at the European Court of Justice N2 - This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors – from access rules to institutional design and to substantive functions – influencing the European Court’s political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities – and corresponding responsibilities – that the Court’s case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials. (About the Book) Y1 - 2013 SN - 9780857939395 SP - 11 EP - 32 PB - Elgar Publ. CY - Cheltenham [u.a.] ER - TY - CHAP A1 - Dawson, Mark A1 - de Witte, Bruno T1 - The EU Legal Framework of Social Inclusion and Social Protection : between the Lisbon Treaty and the Lisbon Strategy T2 - Social Inclusion and Social Protection : Interactions between Policy and Law Y1 - 2012 SN - 978-1-78068-056-9 SP - 41 EP - 70 PB - Intersentia CY - Cambridge [u.a.] ER - TY - JOUR A1 - Dawson, Mark A1 - Muir, Elise T1 - Enforcing Fundamental Values: EU Law and Governance in Hungary and Romania JF - Maastricht Journal of European and Comparative Law Y1 - 2012 U6 - https://doi.org/10.1177/1023263X1201900401 SN - 1023-263X VL - 19 IS - 4 SP - 469 EP - 476 PB - Intersentia CY - Cambridge [u.a.] ER - TY - JOUR A1 - Dawson, Mark A1 - Muir, Elise A1 - Claes, Monica T1 - Enforcing the EU's Rights Revolution: The Case of Equality JF - European human rights law review N2 - The last 10 years of EU integration has seen a “rights revolution”, at least in so far as fundamental rights are increasingly the register through which legal conflicts in the EU are articulated. But how are EU fundamental rights enforced in a legal order where enforcement relies upon the navigation of multiple institutions and levels of law? This article will seek to clarify this question, using the example of equality law to explore the various remedies available under EU law to enforce EU fundamental rights, and analysing their various strengths and weaknesses. The article will argue that while EU law has considerably enhanced the possibilities for individuals and groups to challenge breaches of fundamental rights to equality, the system of remedies provided by EU law has serious weaknesses. First, the autonomy provided by EU law for domestic orders to develop their own remedies and rules of access creates significant discrepancies in enforcing fundamental rights across the Member States. Secondly, the enforcement of EU equality law remains primarily based on individual litigation both leaving “gaps” in protection for vulnerable groups and making it difficult to address “systemic” problems of discrimination. The EU’s “rights revolution” both provides legal and political opportunities for social actors while also challenging the EU’s existing system of judicial remedies. KW - Discrimination KW - Enforcement KW - Equal treatment KW - EU law KW - Fundamental rights Y1 - 2012 SN - 1361-1526 VL - 2012 IS - 3 SP - 276 EP - 291 PB - Sweet and Maxwell CY - London ER - TY - JOUR A1 - Dawson, Mark T1 - Three waves of new governance in the European Union JF - European Law Review N2 - This article analyses the evolving relationship in the EU between “new governance” methods and law, arguing that this relationship can be seen in three distinct “waves” of activity. While the last few years have seen a relative decline in the level of academic and institutional interest in new governance processes, recent developments, such as the renewal of the Lisbon “2020” strategy, and accusations of “judicial activism” laid at the door of the European Courts, suggest a renewed role for new governance mechanisms. The article will argue for a “third wave” of governance research based on interaction between the policy elaborating function of new governance and the procedural role of the European Courts in providing due process and other rights. This emerging third wave — and its limits — suggest an emerging research agenda for EU lawyers and political scientists based not on the opposition, but the complementarity, of new governance and legal institutions. Y1 - 2011 SN - 0307-5400 VL - 36 IS - 2 SP - 208 EP - 226 PB - Sweet &​ Maxwell Ltd. CY - United Kingdom ER - TY - JOUR A1 - Dawson, Mark A1 - Muir, Elise T1 - Individual, institutional and collective vigilance in protecting fundamental rights in the EU: lessons from the Roma JF - Common Market Law Review N2 - In the summer of 2010, French authorities organized the systematic dismantling of illegal Roma settlements. This resulted in the departure of a large number of Roma-EU citizens from France, as well as a significant dispute between France and the European Commission. While the dispute raises a number of issues of substantive EU law, it also illustrates some important strengths and weaknesses in the system of fundamental rights protection in EU law. This article takes these events as a test case to illustrate that tackling complex problems of human rights protection in the EU requires a hybrid approach in which individual and institutional enforcement mechanisms are complemented by a third level of collective vigilance. While ever since Van Gend & Loos the EU has built a comprehensive system of individual and institutional remedies for the enforcement of EU law, social and political factors may limit their usefulness for vulnerable minorities. The vigilance of collective actors such as networks, NGOs, trade unions and agencies may offer a useful additional layer of protection where they are well-integrated within the classic system of remedies for fundamental rights protection in the EU. Y1 - 2011 UR - https://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2011031 SN - 0165-0750 VL - 48 IS - 3 SP - 751 EP - 775 ER - TY - JOUR A1 - Dawson, Mark T1 - Editorial: Learning from past Failures? Governance in the European Union from Lisbon 2000 to Lisbon 2020 JF - Maastricht Journal of European & Comparative Law Y1 - 2010 SN - 1023-263X VL - 17 IS - 2 SP - 107 EP - 115 PB - Intersentia CY - Cambridge ER - TY - JOUR A1 - Dawson, Mark T1 - Transforming into what?: New Governance in the EU and the “Managerial Sensibility” in Modern Law JF - Wisconsin Law Review N2 - As part of his account of "fragmentation" in international law, Martti Koskenniemi has described the advance of a "managerial sensibility" in modern law. This sensibility incorporates two claims—first, the increasing differentiation of international rules; and second, a tendency to see law not as an end in itself, but as a managerial technique. It is not difficult to apply both tenets of managerialism to the practice of "new governance." On the one hand, methods like the Open Method of Coordination (OMC) attest to a feeling that law is too distanced a register to capture the kinds of detailed intervention that EU regulation requires, leading to differentiation between policy fields. On the other hand, this has been carried out in order to "specialize," allowing overall targets to be reached through narrow administrative elites. Managerialism is present in processes like the OMC both as a differentiation of legal procedures, and as a view of rules as "flexible" in service of the evolving goals and self-image of a particular policy community. While this managerial ethos would seem suitable for a particular vision of the EU polity—the depoliticized regulatory state—it is increasingly problematic. As the principle vehicle for the delivery of the Lisbon strategy, determining the indicators and objectives of the OMC is a far from technical task. What appears and has been marketed as a "micro-politics" of expert based benchmarking has the potential to invoke larger strategic questions for the EU while simultaneously placing them out of public view. In response, new avenues for politicizing new governance or for opening its principle procedures and indicators up to critical evaluation and scrutiny (including to a non-expert public) may be needed. While this is no easy task, this Article will explore two modest proposals—first, the scrutiny role of the European Parliament, and second, the development of the European Ombudsman as an avenue to provide non-judicial means for addressing problems of intransparency and accountability in EU governance. In both cases, while a full politicization of the method may be difficult, a partial strategy may be an important first step in reconciling new governance procedures with the democratic values upon which the Treaties of the EU claim to be based. Y1 - 2010 SN - 0043-650X VL - 2010 IS - 2 SP - 390 EP - 440 PB - University of Wisconsin Law School CY - Madison ER - TY - JOUR A1 - Dawson, Mark T1 - The Ambiguity of Social Europe in the Open Method of Coordination JF - European Law Review N2 - The development of the open method of co-ordination from the extraordinary Lisbon European Council in 2000 has been considered by many academic and institutional commentators as a break-through for Social Europe. Yet what kind of breakthrough is it? While many "OMC optimists" have seen its development as providing a new space for social policy outside a restrictive Treaty structure, others have pointed to the integration of the OMC within the Lisbon Strategy as evidencing a new set of economic constraints on the welfare state's development. This paper will argue that there is a deep ambiguity within the OMC's social role; while on the one hand, it can be seen as "colonising" - entering national social institutions ever further into an EU framework dominated by market actors - on the other hand, it can be posited as "reflexive", as encouraging both competing social and economic discourses, and inter-dependent national polities, to reflect upon the objectives of each other. KW - EC law KW - Open method of co-ordination KW - Single Market KW - Social policy Y1 - 2009 SN - 0307-5400 VL - 34 IS - 1 SP - 55 EP - 79 PB - Sweet & Maxwell CY - Andover [u.a.] ER - TY - JOUR A1 - Dawson, Mark T1 - EU Law 'Transformed'? Evaluating Accountability and Subsidiarity in the 'Streamlined' OMC for Social Inclusion and Social Protection JF - European Integration Online Papers N2 - From initially defining new governance processes as external to “traditional” forms of EU law, a number of academic scholars have begun to argue that methods like the OMC can be seen as indicative of a broader “transformation” of European law-making. The transformation thesis relies on seeing the OM C as an evolving legal mechanism, in which features such as peer review, and the participation of 'new' constitutional actors, can take the place of traditional forms of legal accountability and participation. At the same time, the transformation thesis remains empirically under-developed. Taking the new streamlined OMC process in social inclusion and social protection as its starting point, this paper will seek to remedy that gap. The paper evaluates the transformation thesis using interview data gained from the recent Commission evaluation of the OMC SPSI (conducted from 2005-2006). While the OMC SPSI displays evidence for a number of its features – it also displays some of the limits of the ‘transformation’ idea. While the OMC as it stands indicates elements of a more ‘dynamic’ form of accountability and subsidiarity in the EU order, its lack of critic al review and transparency, and failure to include local or regional actors casts doubt on its suit ability as a replacement for traditional legal accountability mechanisms. As much as ‘transformation’ may offer an attractive future for EU law, its dynamic vision for open coordination remains largely unrealised KW - Accountability KW - European law KW - Governance KW - Legitimacy KW - Open coordination KW - Rule o f law KW - Social policy KW - Subsidiarity KW - Political science Y1 - 2009 U6 - https://doi.org/10.1695/2009008 SN - 1027-5193 VL - 13 IS - Special Issue 1 SP - 1 EP - 15 PB - ECSA Austria CY - Wien ER - TY - CHAP A1 - Dawson, Mark T1 - Economic and Monetary Union: Maastricht’s Great Failure T2 - The Treaty on European Union 1993-2013: Reflections from Maastricht Y1 - 2014 SN - 9781780682068 SP - 475 EP - 492 PB - Intersentia CY - Cambridge [etc.] ER - TY - CHAP A1 - Dawson, Mark T1 - The European Union as a Community of Law: Achieving Diplomatic Goals through Legal Means? T2 - Foreign Policy Breakthroughs: Cases in Successful Diplomacy Y1 - 2014 SN - 978-0190226114 PB - Oxford Univ. Press CY - Oxford ER - TY - JOUR A1 - Dawson, Mark A1 - Paterson, J. T1 - Public Information and Involvement in the Decision-making Process in the Nuclear Sector JF - Trust-net: Final Report (European Commission, DG TREN, 2007) Y1 - 2007 PB - Europäische Kommission CY - Brüssel ER - TY - CHAP A1 - Dawson, Mark T1 - Integration through Soft Law? New Governance and the Place of Legality in the European Union T2 - Integration through Law and the making of the European Polity Y1 - 2012 SN - 978-1-4094-2355-3 (hbk.) SN - 1-409-42355-7 (hbk.) SN - 978-1-4094-2356-0 (eBook) SP - 137 EP - 156 PB - Ashgate CY - Farnham [u.a.] ER - TY - CHAP A1 - Dawson, Mark A1 - Augenstein, Daniel T1 - What law for what polity? Integration through Law in the European Union Revisited T2 - 'Integration through law' revisited : the making of the European polity Y1 - 2012 SN - 978-1-4094-2355-3 SP - 1 EP - 10 PB - Ashgate CY - Farnham [u.a.] ER - TY - CHAP A1 - Dawson, Mark A1 - Muir, Elise T1 - Wielopoziomowe zarządzanie ochroną praw Romów w UE (Multi-Level governance for the protection of roma rights in the EU) T2 - Sytuacja prawna i społeczna Romów w Europie (The Social and legal situation of the Roma in Europe) Y1 - 2011 SN - 978-83-61370-76-5 SP - 41 EP - 49 PB - Prawnicza i Ekonomiczna Biblioteka Cyfrowa CY - Wroclaw ER - TY - JOUR A1 - Dawson, Mark A1 - Thielbörger, Pierre T1 - Should there be a 5% entry threshold for elections to the European Parliament? : The view of the German Constitutional Court JF - MJ - Maastricht Journal of European & Comparative Law Y1 - 2011 SN - 1023-263X VL - 18 IS - 4 SP - 603 EP - 604 PB - Intersentia CY - Cambridge [u.a.] ER - TY - JOUR A1 - Dawson, Mark T1 - Reforming EU Economic Governance: The Legislative Response to the Euro-crisis JF - MJ - Maastricht Journal of European & Comparative Law Y1 - 2011 SN - 1023-263X VL - 18 IS - 4 SP - 588 EP - 590 PB - Intersentia CY - Cambridge [u.a.] ER - TY - JOUR A1 - Dawson, Mark T1 - The Political Face of Judicial Activism: Europe’s Law-Politics Imbalance JF - Maastricht Faculty of Law Working Paper No. 1/2012 N2 - While much of the debate on judicial activism in the EU has focused on the degree of scrutiny that the European Courts should place on the political autonomy of the Member States, this paper will argue that the judicial activism debate carries deeply political origins. The limited mechanisms of political response on the part of the Union’s institutions to judicial decisions may drive forward controversy over the Court’s political role. In simple terms, the institutional structure of the Union creates a constitutional framework in which the possibility for institutional dialogue between the Court and legislature is inhibited. The essay will develop this argument in 3 steps. The first part (s II) will examine the imbalance in the Union between (legislative) competence and jurisdiction: a long-held observation that may limit the ability of the EU institutions to re-regulate at the EU level fields of policy-making which have been effectively de-stabilised by Court decisions. A second part (s III) will examine how the failure of the Court to properly explain its decisions inhibits the ability of legislatures and Courts to politically engage. Finally (in s IV) the paper will examine the relationship between the EU’s ‘law-politics’ imbalance and another asymmetry of integration – the relation in the Union between social and economic values. In all three cases, the institutional structure established by the EU Treaties themselves may make imbalanced political responses to legal decisions – and hence republican claims of judicial activism on the part of the European judiciary – more likely. KW - European Court of Justice KW - Judicial Activism KW - EU Competence KW - Constitutional Dialogue Y1 - 2012 U6 - https://doi.org/10.2139/ssrn.1984636 VL - 1 PB - Maastricht Univ. CY - Maastricht ER - TY - RPRT A1 - Dawson, Mark T1 - Soft Law and the Rule of Law in the European Union: Revision or Redundancy? T2 - EUI Working Paper RSCAS N2 - The increasing use in the EU of soft law norms has created an extensive debate over the centrality of law as the principle instrument of European integration. Under a certain understanding of legality – one that sees the function of law as the provision of stable normative expectations - the development of methods like the OMC appears as an explicit threat. By another, the complex nature of the EU polity - and the functional tasks it must carry-out - places an impossibly high burden on any attempt by the EU to model its conception of legality this way. While this seemingly leaves the EU with a stark choice, the very features – the dispersion of normative authority between different national orders, and the need for rapid and iterative regulatory interventions– that have borne soft law also point towards the development of new conceptions of legality and its limits in a post-national setting. Soft law has both empirically challenged law’s place in the integration project, and demanded a re-evaluation of its contemporary meaning. Y1 - 2009 SN - 1028-3625 N1 - Free online access: http://cadmus.eui.eu/bitstream/handle/1814/11416/RSCAS%202009_24.pdf?sequence=1 Freier online Zugriff: http://cadmus.eui.eu/bitstream/handle/1814/11416/RSCAS%202009_24.pdf?sequence=1 VL - 2009 IS - 24 PB - European Univ. Inst. CY - Florence ER - TY - RPRT A1 - Dawson, Mark T1 - New Governance and the Transformation of European Law : The Case of the Open Method Coordination for Social Inclusion T2 - Harvard European Law Working Papers N2 - From initially defining new governance processes as external, or opposed to, 'traditional' forms of EU law, a number of academic scholars have begun to argue that processes like the OMC can be seen as indicative of a broader 'transformation' of European law-making. The transformation thesis relies on seeing the OMC as an evolving legal mechanism; one where features such as cognitive openness, peer review, and the participation of new constitutional actors, can either work in tandem with, or begin to take the place of, traditional Community rules. Applying this transformative view to the practice of a particular OMC process (the OMC SPSI), this paper will argue that while 'transformation' may yet stand as an important guiding ideal for the development of European law in many policy fields, its dominant features remain significantly under-developed. The OMC - rather than create a more participatory and accountable form of law-making - illustrates some of 'transformation's' foundational inner tensions. (Abstract from: http://ssrn.com/abstract=1350350) Y1 - 2008 UR - http://ssrn.com/abstract=1350350 IS - 2 PB - Harvard Law School CY - Cambridge ER - TY - JOUR A1 - Dawson, Mark T1 - Book Review: RICHARD NOBLES and DAVID SCHIFF, A Sociology of Jurisprudence. Oxford: Hart Publishing, 2006, 249 pp., ISBN 1841135984, £16 (pbk) JF - Social and Legal Studies Y1 - 2008 UR - http://sls.sagepub.com/content/17/3/407.full.pdf+html U6 - https://doi.org/10.1177/0964663908093971 SN - 0964-6639 N1 - Available as e-publication in your Hertie Library. Als elektronische Ausgabe in der Hertie Bibliothek verfügbar. VL - 17 IS - 3 SP - 407 EP - 408 PB - SAGE CY - Los Angeles [u.a.] ER - TY - CHAP A1 - Dawson, Mark A1 - De Witte, Bruno T1 - Welfare Policy and Social Inclusion T2 - The Oxford Handbook of European Union Law Y1 - 2014 SN - 978-0-19-967264-6 U6 - https://doi.org/10.1093/oxfordhb/9780199672646.013.42 PB - Oxford Univ. Press CY - Oxford ER - TY - CHAP A1 - Dawson, Mark A1 - Muir, Elise A1 - Claes, Monica T1 - A tool-box for Legal and Political Mobilisation in European Equality law T2 - Rights in Pursuit of Social Change: Legal Mobilisation in the Multi-Level European System N2 - Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors? Y1 - 2014 SN - 978-1849463904 SP - 105 EP - 128 PB - Hart Publ. CY - Oxford ER - TY - RPRT A1 - Dawson, Mark T1 - New Governance in the EU after the Euro Crisis: Retired or Re-born? T2 - EUI Working Papers AEL 2015/01 N2 - This working paper discusses the future of the EU’s ‘new governance’ paradigm, as a particular category of the EU’s legal acts in light of developments in EU economic governance following the Euro crisis. [...] KW - New Governance KW - Euro Crisis KW - EU Economic Governance KW - Open Coordination KW - Experimentalism Y1 - 2015 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-23350 SN - ISSN 1831-4066 PB - Academy of European Law / European University Institute ER - TY - JOUR A1 - Dawson, Mark T1 - New governance and the displacement of Social Europe: the case of the European Semester JF - European Constitutional Law Review N2 - Has the European Semester led to a displacement of Social Europe, or to the development of social policy through fiscal processes and actors? – Potential for Semester to increase soft law’s binding effects or ‘socialise’ EU policy-making – Positive effects severely limited by the Semester’s overall goals: fiscal stabilisation and the creation of increasingly uniform economic policies – Dilemma for Social Europe: how can an autonomous EU social policy be (re) established without risking marginalisation? Y1 - 2018 U6 - https://doi.org/10.1017/S1574019618000081 SN - 1574-0196 N1 - Published online: 15 March 2018 VL - 14 IS - 1 SP - 191 EP - 209 ER - TY - BOOK A1 - Dawson, Mark T1 - The Governance of EU Fundamental Rights T3 - Cambridge Studies in European Law and Policy N2 - In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth. KW - Human Rights KW - European Law KW - Law Y1 - 2017 SN - 9781107070493 U6 - https://doi.org/10.1017/9781107707436 PB - Cambridge University Press CY - Cambridge ER - TY - JOUR A1 - Dawson, Mark A1 - de Witte, Floris T1 - Self-Determination in the Constitutional Future of the EU JF - European Law Journal N2 - This article analyses three prominent proposals for the functional and political transformation of the EU from a constitutional perspective. It argues that existing EU reform proposals, to varying degrees, entrench rather than reverse the challenges to individual and political self-determination brought about by the EU's response to its Euro crisis. As the article will conclude, challenging ‘authoritarian liberalism' in an EU context may require the development of a constitutional structure for the Union able to contest, rather than set in stone, the EU's existing economic and political goals. Y1 - 2015 U6 - https://doi.org/10.1111/eulj.12131 SN - 1351-5993 VL - 21 IS - 3 SP - 371 EP - 383 ER - TY - CHAP A1 - Dawson, Mark ED - Cremona, Marise ED - Azoulai, Loic T1 - New Modes of Governance in the EU after the Euro Crisis: Retired or Re-born? T2 - EU Legal Acts: Challenges and Transformations Y1 - 2017 N1 - forthcoming PB - Oxford University Press CY - Oxford ER - TY - CHAP A1 - Dawson, Mark A1 - Durana, Alieza ED - Ott, Andrea ED - De Witte, Bruno ED - Vos, Ellen T1 - Modes of Flexibility: Framework Legislation v 'Soft' Law T2 - Between Flexibility and Disintegration : The Trajectory of Differentiation in EU Law Y1 - 2017 SN - 978-1-78347-588-9 U6 - https://doi.org/10.4337/9781783475896 SP - 92 EP - 117 PB - Edward Elgar CY - Cheltenham ER - TY - CHAP A1 - Dawson, Mark ED - Patterson, Dennis ED - Södersten, Anna T1 - New Modes of Governance T2 - A Companion to European Union Law and International Law N2 - This chapter approaches new modes of governance (NMG) with the task of clarity in mind. Its essential function will be first to map the dominant conceptions of NMG that frame existing institutional and academic discourse. Second function is to analyze the strengths and weaknesses of NMG as an alternative means of delivering European Union (EU) law and policy, and finally to consider the future prospects of NMG in a political context that both challenges and reinforces their institutional relevance. The chapter also explores that the greatest obstacle to the inside view is the resolute failure of many NMG processes to display the features of bottom-up and experimental rule which theorists like Charles Sabel and Jonathan Zeitlin attribute to them. Experimentalism's attractive normative conceptualization of NMG may be of limited use given its failure to describe adequately how new governance processes operate. KW - Academic discourse KW - Charles Sabel KW - European Union law KW - Institutional development KW - Jonathan Zeitlin KW - New modes of governance Y1 - 2016 SN - 9780470674390 U6 - https://doi.org/10.1002/9781119037712.ch9 SP - 119 EP - 135 PB - John Wiley & Sons CY - Chichester ER - TY - JOUR A1 - Dawson, Mark A1 - Augenstein, Daniel T1 - After Brexit: Time for a Further De-coupling of National and European Citizenship? JF - Verfassungsblog Y1 - 2016 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-20999 UR - http://verfassungsblog.de/brexit-decoupling-european-national-citizenship U6 - https://doi.org/http://dx.doi.org/10.17176/20160714-114950 ER - TY - JOUR A1 - Dawson, Mark T1 - Britain’s Neverendum on Europe JF - Verfassungsblog Y1 - 2016 UR - http://verfassungsblog.de/britains-neverendum-on-europe/ N1 - Blog entry ER - TY - JOUR A1 - Dawson, Mark T1 - Europe Does Need a Constitution. But of What Kind? JF - Verfassungsblog Y1 - 2015 UR - http://verfassungsblog.de/europe-does-need-a-constitution-but-of-what-kind/ N1 - Blog entry ER - TY - JOUR A1 - Dawson, Mark A1 - Bobić, Ana A1 - Maricut-Akbik, Adina T1 - Reconciling Independence and accountability at the European Central Bank: The false promise of Proceduralism JF - European Law Journal N2 - This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade‐off between independence and accountability (said to be ‘two sides of the same coin’) has resulted in a tendency to privilege the former over the latter. Y1 - 2019 U6 - https://doi.org/10.1111/eulj.12305 SN - 1468-0386 VL - 25 IS - 1 SP - 75 EP - 93 ER - TY - JOUR A1 - Dawson, Mark A1 - Augenstein, Daniel A1 - Thielbörger, Pierre T1 - The UNGPs in the European Union: The Open Coordination of Business and Human Rights? JF - Business and Human Rights Journal N2 - The article examines the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union via National Action Plans (NAPs). We argue that some of the shortcomings currently observed in the implementation process could effectively be addressed through the Open Method of Coordination (OMC) – a governance instrument already used by the European Union (EU) in other policy domains. The article sketches out the polycentric global governance approach envisaged by the UNGPs and discusses the institutional and policy background of their implementation in the EU. It provides an assessment of EU member states’ NAPs on business and human rights, as benchmarked against international NAP guidance, before relating experiences with the existing NAP process to the policy background and rationale of the OMC and considering the conditions for employing the OMC in the business and human rights domain. Building on a recent opinion of the EU Fundamental Rights Agency, the article concludes with a concrete proposal for developing an OMC on business and human rights in the EU. Y1 - 2018 U6 - https://doi.org/10.1017/bhj.2017.30 VL - 3 IS - 1 SP - 1 EP - 22 ER - TY - JOUR A1 - Dawson, Mark T1 - Better regulation and the future of EU regulatory law and politics JF - Common Market Law Review N2 - The flurry of recent activity in the EU over “Better Regulation” has important constitutional implications, particularly for the Union’s institutional balance. As this article will argue, however, the main question the Better Regulation debate poses is one of how to reconcile the increasing tension in the EU between different paradigms of regulation. Is regulation “better” because it conforms to the preferences of citizens as expressed in national and EU elections, or rather because it meets technical and procedural standards, from consultation to impact assessment, able to improve the “objective” quality of EU legislation? While Better Regulation tries to split the difference between these two avenues for the future of EU regulatory law and politics, each avenue carries the capacity to significantly frustrate the other. Current debates in the EU about regulatory reform defer rather than answer a fundamental question: what makes regulation better? Y1 - 2016 UR - https://www.kluwerlawonline.com/document.php?id=COLA2016114 SN - 0165-0750 VL - 53 IS - 5 SP - 1209 EP - 1236 ER - TY - JOUR A1 - Dawson, Mark A1 - Bobić, Ana T1 - Quantitative easing at the Court of Justice – Doing whatever it takes to save the euro: Weiss and Others JF - Common Market Law Review Y1 - 2019 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-30368 UR - http://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2019097 SN - 0165-0750 N1 - This is a post-peer-review version of an article published in Common Market Law Review. The final authenticated version is available online at http://www.kluwerlawonline.com/abstract.php?area=Journals&id=COLA2019097 VL - 56 IS - 4 SP - 1005 EP - 1040 ER -