Soft Law in European Community Law

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