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Vol 22 No 9 Sept/Oct 2017

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Between Governing and Governance: On the Emergence, Function and Form of Europe's Post-National Constellation


ISBN13: 9781849460262
Published: February 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed.

Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalization in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy.

The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa.

These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH).

The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology.

Subjects:
EU Law
Contents:
1. Towards a Paradigm of Governance
1.1 Introduction
1.2 The Demise of Methodological Nationalism
1.3 Disciplinary Obstacles
1.4 The Need for Theory
2. The Context of Governance
2.1 Introduction
2.2 A Post-Hegelian Perspective
2.3 The EU in World Society
2.4 The Evolution of Integration
2.5 The Autonomy of the EU
2.6 The Transformative Function of the EU
2.7 The Restabilising Function of the EU
2.8 Integration as a Regulatory Idea
2.9 The Societal Status of the EU Political System
3. The Emergence of Governance
3.1 Introduction
3.2 Concepts of Shared and Separated Powers
3.3 Power Sharing in the EU
3.4 Decisional Outsourcing
3.5 Comitology
3.6 Regulatory Agencies
3.7 The Open Method of Coordination
3.8 Recognising Governance
4. The Networks of Governance
4.1 Introduction
4.2 The Re-emergence of Networks
4.3 Metaphorical Networks
4.4 Networks between Market and Hierarchy
4.5 The Marketisation of the Public Sector
4.6 Embedding the EU
5. The Power of Governance
5.1 Introduction
5.2 Three Concepts of Power
5.3 The Regulatory State
5.4 Deliberative Supranationalism
5.5 Directly-Deliberative Polyarchy
5.6 Complementary Forms of Governance
6. The Governance of Knowledge
6.1 Introduction
6.2 The Expansion of Knowledge
6.3 The Evolution of European Science Co-operation
6.4 The European Research Area
6.5 The OMC in Research and Development
6.6 The Function of the OMC
7. The Governance of Risk
7.1 Introduction
7.2 The Evolution of European Chemicals Legislation
7.3 The REACH Policy Process
7.4 The Policy Objectives of REACH
7.5 The Institutional Form of REACH
7.6 Procedures
7.7 Hybrid Governance
7.8 Hybrid Legitimacy
7.9 Contextualising REACH
8. Constitutionalising Governing and Governance
8.1 Introduction
8.2 The Transformation of Constitutionalism
8.3 Partial Statehood
8.4 Partial Constitutionalism
8.5 Horizontal Constitutionalism I
8.6 Vertical Constitutionalism
8.7 Horizontal Constitutionalism II
8.8 The Governing of Governance
9. Conclusion

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