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Book
Eurolegalism
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ISBN: 9780674046948 0674046943 0674061055 9780674061057 0674265025 Year: 2011 Publisher: Cambridge, Massachusetts

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Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable.The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe.But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

The rules of federalism
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ISBN: 0674039424 9780674039421 0674013093 9780674013094 Year: 2004 Publisher: Cambridge, Mass. Harvard University Press

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This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry.--Alberta Sbragia, University of PittsburghThe Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union.--Susan Rose-Ackerman, Yale Law School


Book
The European Independent agencies and regulation in the EU
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ISBN: 929079237X Year: 1997 Publisher: Brussels : Centre for European policy studies,

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Lessons from Europe?: what Americans can learn from European public policies
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ISBN: 9781483343754 Year: 2015 Publisher: Los Angeles (Calif.) CQ Press

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Lessons from Europe? : What Americans Can Learn from European Public Policies
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ISBN: 1483354814 148334374X 1483343731 1483395359 Year: 2015 Publisher: Thousand Oaks, California : CQ Press,

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What can American policymakers learn from the experiences of European democracies in confronting our common policy challenges? We can look to our own history and to the ideas emanating from our own public sphere, but by looking abroad, we can learn how our European allies have dealt with such issues as rising healthcare and pension costs, large-scale immigration, childcare and work-life balance, and climate change. Simply put, we can learn lessons from European policies that have proven both successful and from approaches that have failed. The contributors in this volume ask whether such policies might prove effective in the U.S. context, as well as what pitfalls we might avoid. Chapters have been written by policy area experts and are geared for an upper-level undergraduate audience ...

The rules of federalism : institutions and regulatory politics in the EU and beyond
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ISBN: 0674013093 9780674013094 Year: 2004

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Sociology of environment --- European Union --- Australia --- United States --- Canada --- Administration fédérale --- Autorités fédérales --- Coordination des politiques entre gouvernement fédéral et États fédérés --- Division des pouvoirs entre gouvernement fédéral et États fédérés --- Division of powers --- Environment and state --- Environmental control --- Environmental management (Government policy) --- Environmental policy --- Environnement [Politique de l'] --- Federal government --- Federal government -- Law and legislation --- Federal state --- Federal systems --- Federal-provincial relations --- Federal-state relations --- Federale regering --- Federale regeringsvorm --- Federale staat --- Federale staat -- Recht en wetgeving --- Federalism --- Federalisme --- Fédéral [Gouvernement ] --- Fédéralisme --- Gouvernement central (État fédéral) --- Gouvernement fédéral --- Gouvernement fédéral -- Droit et législation --- Harmonisation des politiques entre gouvernement fédéral et États fédérés --- Milieubeleid --- Politique de l'environnement --- Pouvoir fédéral --- Pouvoirs [Division des ] entre gouvernement fédéral et États fédérés --- Relations gouvernement fédéral-États fédérés --- Relations États fédérés-gouvernement fédéral --- State and environment --- Système fédéral --- État fédéral --- États fédérés et gouvernement fédéral --- Environmental policy. --- Federal government. --- European Union countries --- United States of America


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The institutional balance : formal and informal change
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Year: 1997 Publisher: Brussels : Centre for European policy studies,

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The Oxford handbook of law and politics
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ISBN: 9780191576980 Year: 2008 Publisher: Oxford Oxford University Press

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