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Sovereignty, Technology and Governance after COVID-19: Legal Challenges in a Post-Pandemic Europe
(2022)
This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.
The EU has become an increasingly powerful economic actor but we lack research on how EU economic decision-makers can be held to account. This book argues that the EU suffers from important substantive accountability deficits I.e. while numerous procedures exist to hold institutions like the Commission and ECB to account, there are few mechanisms to contest the merit and impact of economic decisions. The book combines detailed empirical research on how accountability practices are evolving across different fields of EU economic governance with a novel conceptual framework to assess where accountability deficits lie and how they might be addressed. Combining leading research in law and political science, this book will be of interest to scholars with an interest in the questions of accountability and economic governance arising from the budgets, central banks and financial institutions of the European Union. This title is Open Access.
Supranational governance is being challenged by politicians and citizens around the EU as over-centralized and undemocratic. This book is premised on the idea that polycentric governance, developed by Vincent and Elinor Ostrom, is a fruitful place to start for addressing this challenge. Assessing the presence of, and potential for, polycentric governance within the EU means approaching established principles and practices from a new perspective. While the debate on these issues is rich, longstanding and interdisciplinary, it has proven difficult to sidestep the 'renationalisation/federalisation' dichotomy. The aim of this volume is not to reject the EU's institutional structure but provide a different benchmark for the assessment of its functioning. Polycentric theory highlights the importance of multilevel horizontal relationships within the EU - between states, but also between many sub-state actors, all the way down to individuals. This helps us answer the question: how do we achieve self-governance in an interdependent world?
The European Union's history exhibits numerous episodes in which Member States have sought to re-enforce their national autonomy in the face of deepening integration. Efforts to re-gain autonomy, however, are often accompanied by legitimate concerns that autonomy will lead to dis-integration or will have wider destructive consequences. The EU thus faces a dilemma. Calls for autonomy cannot all be dismissed as mere populist rhetoric or national egoism but instead represent a legitimate questioning of the degree of uniformity that EU law and politics presently carry. At the same time, the fear that greater autonomy may carry dis-integrative effects is also legitimate -uniformity is not an accidental by-product of the EU's construction but intrinsically related to its policy goals. Giving too much room for autonomy might create an opportunity structure for the loss of collective goods, deficits in problem-solving, and perhaps even to self-destruction.
The EU requires autonomy, but in doing so, it must also avoid collapse. Can it achieve it, and if so, how? Autonomy without Collapse is devoted to exploring innovative answers to this question. It draws together scholars in law and political science interested in exploring how to overcome the central dilemma of preserving sustainable yet real autonomy in the future European Union.
The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules.
This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals.
Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.
Die MetallRente Jugendstudie ist die umfassendste repräsentative Untersuchung zum Finanz- und Vorsorgeverhalten junger Menschen in Deutschland. Die fünfte Studie analysiert auch Einflüsse der Corona-Pandemie auf die Bereitschaft junger Menschen zur Zukunftsplanung und ihr Vorsorgeverhalten. Trauen 17- bis 27-Jährige dem Staat eine zukunftsfeste Alterssicherung für ihre Generation zu? Wie stehen sie zu immer neuen politischen Vorschlägen? Wie schauen sie auf Sicherheit und Rendite? Angesichts Niedrigzinsen, Überalterung und mangelnden Reformen orientiert sich eine ganze Generation neu.
Comment s'impose l'Europe? Par sa production législative et politique uniquement ou également grâce aux divers usages qui en sont faits? Ce livre s'attache à analyser qui s'implique dans l'intégration européenne, comment et dans quels buts. En mettant en évidence le rôle des acteurs en tant que vecteurs de transformations et en développant la notion d'usages de l'Europe, ce travail collectif entend apporter une perspective supplémentaire à l'agenda des recherches sur l'européanisation et l'impact de l'intégration européenne.
The recent financial crisis has demonstrated that governments continuously seek to steer their economies rather than leaving them to free markets. Despite the ambitions of international economic cooperation, such interventionism is decidedly local. Some politicians even proudly evoke "economic patriotism" to justify their choices.
This volume links such populism to a specific set of tensions the paradox of neo-liberal democracy and argues that the phenomenon is ubiquitous. The mandate of politicians is to defend the economic interests of their constituents under conditions where large parts of economic governance are no longer exclusively within their control. Economic patriotism is one possible reaction to this tension. As old-style industrial policy and interventionism gained a bad reputation, governments had to become creative to assure traditional economic policy objectives with new means.
However, economic patriotism is more than just a fashionable word or a fig leaf for protectionism. This volume employs the term to signal two distinctions: the diversity of policy content and the multiplicity of territorial units it can refer to. Comparing economic interventionism across countries and sectors, it becomes clear that economic liberalism will always be accompanied by counter-movements that appeal to territorial images.
This book was published as a special issue of the Journal of European Public Policy.