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New Modes of Governance
(2016)
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.
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.
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.