New Governance and the Transformation of European Law: Coordinating EU Social Law and Policy
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The development of non-binding new
governance methods has challenged the traditional ideals of EU law by suggesting
that soft norms and executive networks may provide a viable alternative. Rather
than see law and new governance as oppositional projects, Mark Dawson argues
that new governance can be seen as an example of legal 'transformation', in
which soft norms and hard law institutions begin to cohabit and interact. He
charts this transformation by analysing the Open Method of Coordination (OMC)
for Social Inclusion and Protection. While this process illustrates some of the
concrete advantages for EU social policy which new governance has brought, it
also illustrates their extensive legitimacy challenges. Methods like the OMC
have both excluded traditional institutions, such as Courts and Parliaments, and
altered the boundaries of domestic constitutional frameworks. The book concludes
with some practical suggestions for how a political 'constitutionalisation' of
new governance could look.
