Full Description
This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.
The book opens with an exploration of the meaning and scope of EU soft law's legal effects from a theoretical and doctrinal perspective. Chapters analyse the role, contribution and broader legal effectiveness of the language employed by EU authorities when drafting soft law instruments. Finally, in a ground-up approach to the research topic, the book discusses soft law's legal effects within three areas of EU legislation, namely financial supervision, technical standardisation and telecommunications law.
Advancing a legal and argumentative toolkit to evaluate and improve EU soft law's persuasiveness, this title will be advantageous to academics, practitioners and policy-makers with specialisations in European law, constitutional and administrative law and regulation and governance.
Contents
Contents:
1 Introduction to The Legal Effects of EU Soft Law 1
Petra Lea Láncos and Luis Arroyo Jiménez
PART I THEORY
2 Beyond bindingness: A typology of EU soft law legal effects 9
Luis Arroyo Jiménez
3 Reconsidering the legal effect of EU soft law in national
implementation: Bindingness from an individual rights
perspective 33
Wolfgang Weiß
4 EU soft law: validity, normativity and 'bindingness' reviewed 53
Verena Rošic Feguš
PART II LANGUAGE
5 Words are stones: Constructing bindingness through
language in EU environmental soft law 76
Danai Petropoulou Ionescu and Mariolina Eliantonio
6 Verbal markers of 'softness' in EU law?
A computer-based analysis to delimit soft law and hard
law focusing on directive-like recommendations 111
Petra Lea Láncos and Eljalill Tauschinsky
7 A legal-argumentative framework for persuasive EU soft
law: The case of the European Commission's recommendations 142
Corina Andone and Floran Comand-Kund
PART III SECTORAL INSIGHTS
8 The comply-or-explain mechanism in the European
Supervisory Authorities, or: does Meroni allow nudging? 176
Robert Böttner
9 The legal effects of harmonised standards in EU law:
From hard to soft law, and back? 193
Annalisa Volpato
10 Hard rules for soft law: The case of European Union
telecommunications law 213
Emanuel Kollmann
11 Conclusions to The Legal Effects of EU Soft Law 233
Petra Lea Láncos and Luis Arroyo Jiménez
