EU committees : social regulation, law and politics

목차 (Table of Contents)

• CONTENTS
• Foreword and Acknowledgements = ⅴ
• Abbreviations = xv
• Tables = xvii
• Section 1. Introduction
• 1. Bureaucratic Nightmare, Technocratic Regime and the Dream of Good Transnational Governance / CHRISTIAN JOERGES = 3
• 1. Contextualising the Comitology Complex = 3
• 2. Social Regulation and Internal Market Policy: Re-regulation and Re-politicisation = 3
• 3. Legal and Institutional Options = 7
• 3.1 Matual Recognition Regulatory Competion = 7
• 3.2 Agencies = 8
• 3.3 Committees = 8
• 4. A Contest or a Concert of Disciplines? From Cacophony to Polyphony = 9
• 5. Institutional Conflicts and the Europeanisation of Administrative Practices = 10
• 6. Comitology as Perceived by Political Science = 13
• 7. Constitutionalising Committee Governance = 15
• 2. EU Committees: the Evolution of Unforeseen Institutional Actors in European Product Regulation/ ELLEN Vos = 19
• 1. Introduction = 19
• 2. The Birth of Committees = 20
• 3. Classification of Committees = 21
• 3.1 Binding Nature of the Consultation = 21
• 3.2 Legal Basis = 22
• 3.3 Functions = 22
• 4. Institutional Challenges = 23
• 4.1 Article 145 Third Indent and the 1987 Comitology Decision = 23
• 4.1.1 Procedure Ⅰ: the Advisory Committee Procedure = 24
• 4.1.2 Procedure Ⅱ: the Management Committee Procedure = 24
• 4.1.3 Procedure Ⅲ: the Regulatory Committee Procedure = 25
• 4.1.4 Safeguard Procedure = 25
• 4.2 The Modus Vivendi = 26
• 5. The ECJ's Attitude towards Committee Procedures = 27
• 5.1 Approval of the Committee Procedures = 27
• 5.2 Committee Activities Reviewed = 28
• 6. Risk Regulation through Committees = 30
• 6.1 The Community as Risk Regulator = 30
• 6.2 Legitimacy of Community Risk Regulation = 30
• 6.3 The Participation of Member States in Risk Regulation through Committees = 32
• 6.3.1 Policy-making／implementation Committees = 32
• 6.3.2 Secrecy of Committee Activities = 37
• 6.4 Science-based Decision-making through Committees = 37
• 6.4.1 Compulsory Consultation of Scientific Committees? = 37
• 6.4.2 Excellence, Independence and Transparency of Scientific Expertise = 39
• 6.5 The Participation of Civil Society in Risk Regulation through Committees = 40
• 7. Comitology Revisited = 42
• 7.1 The Commission's Proposal of 16 July 1998 = 42
• 7.2 Suggestions for Improvement = 44
• 8. Concluding Remarks: Towards a European Administrative Procedures Act? = 46
• Section 2. Institutional Controversies
• 3. Comitology and the European Commission / GIUSEPPE CIAVARINI AZZI = 51
• 1. Introduction = 51
• 2. The Consultative Committees Set up by the Commission = 51
• 3. Comitology = 52
• 4. Problems Faced by the European Parliament = 54
• 5. A New Comitology Decision = 55
• 4. Implementing Powers and Comitology / JEAN-PAUL JACQU$$E$$ = 59
• 1. Introduction = 59
• 2. Implementation of Community Legislation = 60
• 2.1 The Initial Position in the Treaty of Rome = 60
• 2.2 Implementing Powers After the Single European Act = 61
• 2.2.1 Assignment of Implementing Powers and their Extent = 61
• 2.2.2 General Scope = 62
• 3. The Comitology Procedures = 63
• 4. Comitology Following the Treaty of Maastricht = 67
• 4.1 Article 145 Third Indent EC = 67
• 4.2 Institutional Dispute = 68
• 4.3 The Modus Vivendi = 68
• 5. Comitology Post-Amsterdam = 69
• 5. Institutional Aspects of Comitology: Scenes From the Cutting Room Floor / KIERAN ST CLAIR BRADLEY = 71
• 1. The Modus Vivendi: a Mess of Pottage? = 71
• 2. The Difference between Comitology Procedures: Ⅱ(b) or not Ⅱ(b)? = 76
• 3. Angelopharm: an End to Bald Assertions?= 79
• 4. British Beef Certificates - "Best in the World!" the Role of Scientific Committees = 84
• 5. Judicial Review of the Comitology System: Integrating Legal Experience into Scientific Decision-making = 88
• 6. The Final Take = 91
• 6. The BSE Crisis and the European Parliament / GRAHAM R CHAMBERS = 95
• 1. Introduction = 95
• 2. The Spread of BSE = 96
• 3. The Impact of the BSE Crisis on the EU = 97
• 4. BSE and Comitology = 99
• 5. Reform of the Commission = 104
• Section 3. Comitology as an Administrative Task
• 7. Towards a Regulation of Transnational Governance? Citizen's Rights and the Reform of Comitology Procedures / RENAUD DEHOUSSE = 109
• 1. Introduction = 109
• 2. Regulatiion by Committess: Institutional Discourse and Political Reality = 110
• 3. The Legitimacy of Comitology Procedures = 112
• 4. The Supranational Avenue: Legislative Mandates and Parliamentary Control = 117
• 5. The Transnational Avenue: Transparency, Openness and Proceduralisation = 20
• 6. The Need for a "Soft" Proceduralisation = 123
• 7. Conclustion: Comitology Paradoxes = 126
• 8. Shard Governance and Enforcement of European Law: From Comitology to a Multi-level Agency Structure? / JOHN A E VERVAELE = 129
• 1. Sovereignty and Enforcement = 129
• 2. The Concept of Enforcement = 131
• 3. Division of Legal Powers and Shared Governance = 132
• 3.1 Case Law on Article 5 EC = 132
• 3.2 Secondary Legislation = 133
• 3.3 Levels of Enforcement = 134
• 3.3.1 Elaboration of Common Regulatory Rules and Standards for Enforcement = 134
• 3.3.2 Mutual Recognition of Enforcement Systems = 135
• 3.3.3 Enforcement Co-operation = 135
• 3.4 Enforcement Co-operation = 135
• 4. From Shared Governance to Network Co-operation in Action = 138
• 5. Shard Governance and Network-building for the Enforcement of Community Law: Two Case Studies = 140
• 5.1 Access to the Pharmaceutical Market = 141
• 5.2 The Protection of the Financial Interests of the EU = 145
• 5.2.1 The Normative Legal Framework = 145
• 5.2.2 The Operational Co-operation: From Assessing Implementation to Operational Enforcement = 145
• 6. Concluding Remarks = 148
• 9. Towards a Legal Concept of the Network in European Standard-Setting / KARL-HEINZ LADEUR = 151
• 1. Standards and the Transformation of the Common Knowledge Base = 151
• 1.1 The Difficulties of "Harmonisation" = 151
• 1.2 "Harmonisation" and the Heterogeneity of the Technological Evolution = 152
• 2. Administrative Regulation and Co-operative Decision-making = 153
• 2.1 Decision-making, Standards and Rules = 153
• 2.2 Consensual Decision-making and the Transformation of Law = 155
• 2.3 Technical Safety Law and the Changing Role of Organisations = 156
• 3. From Experience to Experimentation with new Technological Options = 158
• 4. Integrating Knowledge Generation into Decision-making = 159
• 5. In Search of a New Procedural Concept of Public-Private Co-operation = 161
• 5.1 The Concept of "Network" and its Use in a Flexible Regulatory Approach = 161
• 5.2 The EC and Openness to Institutional Reforms = 162
• 6. The "New Approach" and Institutional Reforms = 162
• 6.1 Uniform Standards and their Heterogeneous Contexts = 163
• 6.2 The Necessity to Introduce more Variety into Standard-Setting = 163
• 7. Transnational Networks as an Alternative to both Supranational and National Decision-making = 164
• 7.1 Shifting the Stress to Procedural and Methodological Criteria = 164
• 7.2 Variety, Competition and Comparison in European Standard-setting = 166
• 8. "Co-operative Law" instead of Unification = 167
• 9. Co-operative Learning in Transnational Networks = 169
• Section 4. Comitology in the Perception of Political Science
• 10. The European Regulation of Biotechnology by Polycratic Governance / CHRISTINE LANDFRIED = 173
• 1. Introduction = 173
• 2. Complexity of Problems: Political and Technical Issues = 175
• 2.1 Definitions = 175
• 2.2 The Case of Genetically Modified Micro-organisms (GMMOs) and Novel Food = 177
• 3. Complexity of Elite-Behaviour: The Orientation Patterns of Members of the European Commission = 182
• 4. Complexity of Structures: New Leading Indeas in Decision-making = 187
• 5. Conclusion = 192
• 11. Bargaining, Arguing and Functional Differentiation of Decision-making: The Role of Committees in European Environmental Process Regulation / THOMAS GEHRING = 195
• 1. Introduction = 195
• 2. The Influence of Committees in European Policy-Making = 197
• 4. The Constitutionalisation of Risk Regulation in the Internal Market = 322
• 4.1 Towards Good Governance: The "Political Administration" of the Internal Market = 322
• 4.2 "Unburdening" Product Regulation from Distributive Questions = 324
• 4.3 The Accountability of the Internal Market's "Political Administration" = 326
• 4.4 Rules and Principles for Europe's "Political Administration" = 332
• 18. Epilogue: "Comitology" as Revolution - Infranationalism, Constitutionalism and Democracy / JHH WEILER = 339
• Infranationalism = 340
• Constitutionalism = 349
• Democracy = 347
• Editorial Note = 349
• Bibliography = 351
• List of Contributors
• Annex 1. Council Decision 87／373／EEC laying down the procedures for the exercise of implementing powers conferred on the Commission = 377
• Annex 2. Commission Proposal of July 1998 for a Council Decision laying down the procedures for the exercise of implementing powers conferred on the Commission = 381
• Annex 3. Council Decision 1999／468／EC laying down procedures f0or the exercise of implementing powers conferred on the Commission = 386
• Index = 395