Law And Governance In An Enlarged European Union

by Bermann, George; Pistor, Katharina

• ISBN13: 9781841134260
• ISBN10: 1841134260
• Format: Hardcover
• Copyright: 2004-11-01
• Publisher: Hart Publishing

Summary

This book s principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.

Author Biography

George A. Bermann is Jean Monnet Professor of European Union Law at Columbia Law School.
Katharina Pistor is Associate Professor of Law, Columbia Law School.

Table of Contents

List of Contributors	xi
Introduction	xiii
George A Bermann and Katharina Pistor
Part I: The Legal Foundations of the Enlarged European Union
1 Institutional Settlements for an Enlarged European Union	3	(36)
Ingolf Pernice
2 A Constitution for Europe? Some Hard Choices	39	(22)
Joseph Weiler
3 The Role of the EU Charter of Rights in the Process of Enlargement	61	(36)
Wojciech Sadurski
4 The Challenge of Cooperative Regulatory Relations after Enlargement	97	(44)
Francesca Bignami
5 The Legal Foundations of the Enlarged European Union	141	(14)
A Comment by George A Bermann and Gráinne de Búrca
Part II: The Governance of Labour Relations
6 The Convergence of European Labour and Social Rights: Opening to the Open Method of Coordination	155	(22)
Silvana Sciarra
7 The EU Agenda for Regulating Labour Markets: Lessons from the UK in the Field of Working Time	177	(32)
Catherine Barnard
8 European Enlargement: A Comparative View of Hungarian Labour Law	209	(30)
Csilla Kollonay Lehoczky
9 The Institutional Conditions for Effective Labour Law in the New Member States	239	(6)
A Comment by Manfred Weiss
10 Social Law at the Time of European Union Enlargement	245	(8)
A Comment by Antoine Lyon-Caen
Part III: Corporate Governance
11 The EU Model of Corporate Law and Financial Market Regulation	253	(34)
Peter Doralt and Susanne Kalss
12 Complying with EU Corporate Standards: A Practitioner's View from Poland	287	(20)
Stanislaw Soltysinski
13 Emerging Owners, Eclipsing Markets? Corporate Governance in Central and Eastern Europe	307	(32)
Erik Berglöf and Anete Pajuste
14 Enhancing Corporate Governance in the New Member States: Does EU Law Help?	339	(30)
Katharina Pistor
15 Corporate Law and Governance in an Enlarged Europe	369	(8)
A Comment by Richard M Buxbaum
16 Corporate and Securities Law Conditions in the Acquis Communautaire: A Comment on Pistor and Berglöf and Pajuste	377	(10)
Merritt B Fox
Part IV Domestic Institution Building in the Shadow of the Acquis
17 Implementation and Compliance: Stimulus for New Governance Structures in the Accession Countries	387	(28)
Roland Bieber and Micaela Vaerini
18 Accession's Impact on Constitutionalism in the New Member States	415	(22)
András Sajó
19 EU Accession in Light of Evolving Constitutionalism in Poland	437	(14)
Miroslaw Wyrzykowski
20 Contested Norms in the Process of EU Enlargement: Non-Discrimination and Minority Rights	451	(34)
Antje Wiener and Guido Schwellnus
21 The Fifth Enlargement: More of the Same?	485	(4)
A Comment by Frank Emmert
22 Accession's Internal Dimension in the New Member States	489	(6)
A Comment by Joanne Scott
Index	495