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Accountability and Legitimacy in the European Union
Edited by Anthony Arnull and Daniel Wincott
458 pages
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7 figures and 2 tables
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234x156mm
978-0-19-925560-3
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Hardback
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09 January 2003
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- The theme of the collection is highly topical: the issues of accountability and legitimacy are now at the top of the European Union's political agenda
- The collection is interdisciplinary, so is able to cover the theme from an unusually wide range of perspectives
- In addition to the editors, the contributors include some of the most distinguished figures in their fields, including Alan Dashwood, Jorg Monar, John Usher, Stephen Weatherill and Grainne de Burca
The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate will start to crystallise in 2004, when
negotiations on a new set of Treaty changes will begin.
The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a
formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book. It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists
Readership: The book will be of interest to anyone working in the field of what is now known as 'European Studies', . This including scholars and academics working on Europe, regardless of their discipline. The book will also be of interest to policy-makers in the political world, journalists and the general reader.
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Edited by Anthony Arnull, Professor of European Law and Director of the Institute of European Law, University of Birmingham, and Daniel Wincott, Senior Lecturer, Department of Political Science and International Studies, University of Birmingham Contributors:
Alan Dashwood, Professor of European Law and Fellow of Sidney Sussex College, University of Cambridge
Adrian Hyde-Price, Professor of Politics, University of Leicester
Jörg Monar, Professor of European Politics, University of Sussex
Peter Dyrberg, Head of the Legal Service, EFTA Surveillance Authority
John Usher, Salvesen Professor of European Institutions and Director of the Europa Institute, University of Edinburgh
Anand Menon , Professor of European Politics and Director of the European Research Institute, University of Birmingham,
Stephen Weatherill, Jacques Delors Professor of European Community Law and Fellow of Somerville College, University of Oxford
Laurence Gormley, Professor of European Law, Rijksuniversiteit Groningen
Fabian Amtenbrink, Rijksuniversiteit Groningen
William Paterson, Professor and Director of the Institute for German Studies, University of Birmingham
Sophie Boyron, Senior Lecturer in Law, University of
Birmingham
Frank Vibert, Director, European Policy Forum, London
Bruno de Witte, Professor of European Law, European University Institute, Florence,
Gráinne de Búrca, Professor of European Law, European University Institute, Florence
Nanette Neuwahl, Professor of European Law, University of Montreal,
Steven Wheatley, Lecturer in Law, University of Liverpool
Anthony Arnull, Professor of European Law and Director of the Institute of European Law, University of Birmingham
Jeremy McBride, Reader in International Human Rights Law, University of Birmingham
Francis G Jacobs, Advocate General, Court of Justice of
the European Communities
Evelyn Ellis, Professor of Public Law, University of Birmingham
Lothar Funk, University of Trier
Erika Szyszczak, Professor of European Competition and Labour Law and Director of the Centre for European Law and Integration, University of Leicester
Ronald L Martin, Professor of Economic Geography, University of Cambridge
Andy Mullineux, Professor of Global Finance, School of Business, University of Birmingham,
Cillian Ryan, Director, Jean Monet European Centre of Excellence, University of Birmingham
Daniel Wincott, Senior Lecturer, Department of Political Science and International Studies, University of
Birmingham
Christophe Hillion, Deputy Director, Centre for European Legal Studies, University of Cambridge
Brigid Fowler, Research Fellow, Centre for Russian and East European Studies, University of Birmingham
Julian Lonbay, Senior Lecturer in Law, University of Birmingham
Judy Batt, Senior Lecturer, Centre for Russian and East European Studies, University of Birmingham
Fiorella Dell'Olio, Teaching Fellow, Department of Political Science and International Studies, University of Birmingham
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"this volume surely provides the best guide to the EU's post-Nice legal structure and to the problems of dealing with accountability and legitimacy ... it will be a worthy addition to the bookshelves of EU scholars" - Richard Whitaker, Journal of Common Market Studies "... will interest academics, students, policy makers, journalists and anyone concerned with the development of the European Union." - KnowEurope
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Foreword by the Rt Hon Christopher Patten, Member, European Commission
List of Contributors
List of Abbreviations
1: Introduction
Part I: Institutions and Decision-making
2: Alan Dashwood: Issues of Decision-making in the European Union after Nice
3: Adrian Hyde-Price: Decision-making under the Second Pillar
4: Jörg Monar: Decision-Making in the Area of Freedom, Security, and Justice
5: Peter Dyrberg: Accountability and Legitimacy: What is the Contribution of Transparency?
6: John A Usher: Enhanced Cooperation or Flexibility in the Post-Nice Era
7: Anand Menon and Stephen Weatherill: Legitimacy, Accountability, and Delegation in the European Union
8: Laurence W Gormley: The Judicial Architecture of the European Union after Nice
9: Fabian Amtenbrink: On the Legitimacy and Democratic Accountability of the European Central Bank: Legal Arrangements and Practical Experiences
Part II: Constitutionalism and the Future of Europe
10: Frank Vibert: The case for a Constitution for the Union
11: Sophie Boyron: Drafting a Constitution for Europe: a Case of Too Many "Borders"?
12: Gráinne de Búrca and Bruno de Witte: The Delimitation of Powers Between the EU and its Member States
13: Nanette Neuwahl and Steven Wheatley: The EU and Democracy - Lawful and Legitimate Intervention in the Domestic Affairs of States?
14: Anthony Arnull: The Rule of Law in the European Union
Part III: Fundamental Rights and Social Rights
15: Jeremy McBride: Protecting Fundamental Rights in Europe: a Legal Analysis
16: FG Jacobs: The EU Charter of Fundamental Rights
17: Evelyn Ellis: The Principle of Non-Discrimination in the Post-Nice Era
18: Lothar Funk: Protecting Fundamental Rights and Social Rights: An Economic Analysis
Part IV: New Governance and the European Union
19: Erika Szyszczak: Social Policy in the Post-Nice Era
20: Ronald L Martin: EMU and Enlargement: Twin Threats to European Regional Cohesion?
21: Andy W Mullineux and Cillian Ryan: EMU and the Lisbon Goals in an Enlarged European Union
22: Daniel Wincott: The Governance White Paper, the Commission, and the Search for Legitimacy
Part V: Enlargement and the Movement of People
23: Christophe Hillion: The Enlargement of the European Union: A Legal Analysis
24: Brigid Fowler: Legitimacy and Accountability in the EU Enlargement: Political Perspectives from the Candidate States
25: Julian Lonbay: Free Movement of Persons in the European Union: The Legal Framework
26: Judy Batt: Managing the EU's New External Border
27: Fiorella Dell'Olio: Immigration after Nice: From 'Zero Immigration' to Market Necessity
Concluding Remarks
28: Daniel Wincott: National States, European Union, and Changing Dynamics in the Quest for Legitimacy
Select Bibliography
Index
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