Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Oxford Studies in European Law

Highly topical: the issues of accountability and legitimacy are now at the top of the European Union's political agenda
Interdisciplinary, so is able to cover the theme from an unusually wide range of perspectives
In addition to the editors, the contributors include some of the most distinguished figures in their fields, including Alan Dashwood, Jorg Monar, John Usher, Stephen Weatherill and Grainne de Burca

Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Oxford Studies in European Law

Description

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States in Nice in February 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions', they agreed to launch a debate on the Union's future. At Laeken in December 2001, the Member States decided that the debate should be carried forward in a Convention comprising the main parties involved. The debate will start to crystallise in 2004, when negotiations on a new set of Treaty changes will begin.

The outcome of those negotiations will profoundly affect the constitutional and political health of the Union as it confronts enlargement to the east and south and the challenges of the 21st century. However, the Union's accountability and legitimacy deficit is so deep-seated that it is unlikely to be eradicated completely by the changes agreed. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book. It will be of interest to anyone concerned with the future of Europe, from students and academics to policy-makers, and journalists

Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Oxford Studies in European Law

Foreword by the Rt Hon Christopher Patten, Member, European Commission
List of contributors
List of abbreviations
1:Introduction
Part I: Institutions and Decision-making
2:Issues of Decision-making in the European Union after Nice, Alan Dashwood
3:Decision-making under the Second Pillar, Adrian Hyde-Price
4:Decision-Making in the Area of Freedom, Security, and Justice, Jörg Monar
5:Accountability and Legitimacy: What is the Contribution of Transparency?, Peter Dyrberg
6:Enhanced Cooperation or Flexibility in the Post-Nice Era, John A Usher
7:Legitimacy, Accountability, and Delegation in the European Union, Anand Menon and Stephen Weatherill
8:The Judicial Architecture of the European Union after Nice, Laurence W Gormley
9:On the Legitimacy and Democratic Accountability of the European Central Bank: Legal Arrangements and Practical Experiences, Fabian Amtenbrink
Part II: Constitutionalism and the Future of Europe
10:The case for a Constitution for the Union, Frank Vibert
11:Drafting a Constitution for Europe: a Case of Too Many "Borders"?, Sophie Boyron
12:The Delimitation of Powers Between the EU and its Member States, Gráinne de Búrca and Bruno de Witte
13:The EU and Democracy - Lawful and Legitimate Intervention in the Domestic Affairs of States?, Nanette Neuwahl and Steven Wheatley
14:The Rule of Law in the European Union, Anthony Arnull
Part III: Fundamental Rights and Social Rights
15:Protecting Fundamental Rights in Europe: a Legal Analysis, Jeremy McBride
16:The EU Charter of Fundamental Rights, FG Jacobs
17:The Principle of Non-Discrimination in the Post-Nice Era, Evelyn Ellis
18:Protecting Fundamental Rights and Social Rights: An Economic Analysis, Lothar Funk
Part IV: New Governance and the European Union
19:Social Policy in the Post-Nice Era, Erika Szyszczak
20:EMU and Enlargement: Twin Threats to European Regional Cohesion?, Ronald L Martin
21:EMU and the Lisbon Goals in an Enlarged European Union, Andy W Mullineux and Cillian Ryan
22:The Governance White Paper, the Commission, and the Search for Legitimacy, Daniel Wincott
Part V: Enlargement and the Movement of People
23:The Enlargement of the European Union: A Legal Analysis, Christophe Hillion
24:Legitimacy and Accountability in the EU Enlargement: Political Perspectives from the Candidate States, Brigid Fowler
25:Free Movement of Persons in the European Union: The Legal Framework, Julian Lonbay
26:Managing the EU's New External Border, Judy Batt
27:Immigration after Nice: From 'Zero Immigration' to Market Necessity, Fiorella Dell'Olio
Concluding Remarks
28:National States, European Union, and Changing Dynamics in the Quest for Legitimacy, Daniel Wincott
Select Bibliography
Index

Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Oxford Studies in European Law

Author Information

Edited by Anthony Arnull, Professor of European Law and Director of the Institute of European Law, University of Birmingham, and Daniel Wincott, Senior Lecturer, Department of Political Science and International Studies, University of Birmingham

Contributors:

Alan Dashwood, Professor of European Law and Fellow of Sidney Sussex College, University of Cambridge
Adrian Hyde-Price, Professor of Politics, University of Leicester

Jörg Monar, Professor of European Politics, University of Sussex

Peter Dyrberg, Head of the Legal Service, EFTA Surveillance Authority

John Usher, Salvesen Professor of European Institutions and Director of the Europa Institute, University of Edinburgh

Anand Menon , Professor of European Politics and Director of the European Research Institute, University of Birmingham,

Stephen Weatherill, Jacques Delors Professor of European Community Law and Fellow of Somerville College, University of Oxford

Laurence Gormley, Professor of European Law, Rijksuniversiteit Groningen

Fabian Amtenbrink, Rijksuniversiteit Groningen

William Paterson, Professor and Director of the Institute for German Studies, University of Birmingham

Sophie Boyron, Senior Lecturer in Law, University of Birmingham

Frank Vibert, Director, European Policy Forum, London

Bruno de Witte, Professor of European Law, European University Institute, Florence,

Gráinne de Búrca, Professor of European Law, European University Institute, Florence

Nanette Neuwahl, Professor of European Law, University of Montreal,

Steven Wheatley, Lecturer in Law, University of Liverpool

Anthony Arnull, Professor of European Law and Director of the Institute of European Law, University of Birmingham

Jeremy McBride, Reader in International Human Rights Law, University of Birmingham

Francis G Jacobs, Advocate General, Court of Justice of the European Communities

Evelyn Ellis, Professor of Public Law, University of Birmingham

Lothar Funk, University of Trier

Erika Szyszczak, Professor of European Competition and Labour Law and Director of the Centre for European Law and Integration, University of Leicester

Ronald L Martin, Professor of Economic Geography, University of Cambridge

Andy Mullineux, Professor of Global Finance, School of Business, University of Birmingham,

Cillian Ryan, Director, Jean Monet European Centre of Excellence, University of Birmingham

Daniel Wincott, Senior Lecturer, Department of Political Science and International Studies, University of Birmingham

Christophe Hillion, Deputy Director, Centre for European Legal Studies, University of Cambridge

Brigid Fowler, Research Fellow, Centre for Russian and East European Studies, University of Birmingham

Julian Lonbay, Senior Lecturer in Law, University of Birmingham

Judy Batt, Senior Lecturer, Centre for Russian and East European Studies, University of Birmingham

Fiorella Dell'Olio, Teaching Fellow, Department of Political Science and International Studies, University of Birmingham