Soft Law in European Community
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This book offers
the first systematic investigation of the phenomenon of soft law within the
framework of the EC (the first pillar of the EU), and its use by the European
Commission and Council of Ministers. It focusses upon how soft law fits into
the Community legal system, and how it is used, and, in particular, how it
relates to Community legislation. Differentiation of the Community instruments,
including the instruments of soft law, is often thought to enhance the
effectiveness, legitimacy and transparency of the Community. This book asks
whether soft law indeed provides a satisfactory alternative to legislation from
this perspective and, if so, in what cases and under what conditions.
Furthermore, the author asks to what extent the use of soft law implies good
governance, and throws fresh light on this very heterogenous phenomenon, by
looking at frequently used instruments in many different areas of Community
law, such as competition law, state aid, environment, social policy etc., in
the process identifying their different characteristics, aims, functions and
legal effects. What emerges is that the conditions under which soft law is used
may be problematic in relation to increasing the legitimacy, effectiveness and
transparency of Community action. This is a work which will interest legal
practitioners confronted with the use of soft law and the question of its
possible legal effect in an increasing number of sectors and academics
interested in the vexed question of how the increased use of soft law can be
justified in a Community legal order built upon the rule of law. It is also
critical of developments taking place within the framework of the European
Convention and the proposed European Constitution, and goes beyond the
immediate problems of soft law to touch upon issues such as competence, legal
protection, division of powers between the EC and the Member States,
institutional balance, lawmaking by the Community Courts, the scope of
Community legal principles and the influence of soft law on the progressive
development of both Community and national law.
