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9789041196422

Energy Law in Argentina

by ;
  • ISBN13:

    9789041196422

  • ISBN10:

    9041196420

  • Format: Paperback
  • Copyright: 2018-04-19
  • Publisher: Kluwer Law Intl
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List Price: $106.00

Table of Contents

Preface v
Introduction xvii
Table of Cases
xxxiii
Table of European Law
xxxix
Part I Democracy and Legitimacy
European Models: Polity, People and System
3(30)
JHH Weiler
Prologue--Polity, Peoplehood and Theory: Problems of Translation
3(6)
The European Polity: International, Supranational, Infranational or taking MacCormick Seriously
9(8)
Intergovernmentalism
14(1)
Infranationalism
15(2)
Models of Democracy
17(5)
International governance and the consociational model
17(3)
Supranationalism, pluralism and competitve elitism
20(1)
Infranationalism and the neo-corporatist model of governance and democracy
21(1)
Demos and Democracy
22(11)
Democracy and Rulemaking Within the EC: AN Empirical and Normative Assessment
33(32)
PP Craig
The Legislative Process: An Empirical Assessment
35(8)
The desire to preserve some form of institutional balance within the European Community
35(2)
Preservation of the European Commission's right of legislative initiative
37(2)
Reform of the legislative procedures
39(1)
Union's involvement in the fields of foreign and security policy, and justice and home affairs
40(1)
Conclusions
41(2)
The Legislative Process: A Normative Assessment
43(15)
Republicanism and balanced government
43(3)
Republicanism and the European Community
46(4)
Republicanism, transparency and participation
50(7)
Amsterdam and beyond
57(1)
A Competing Justification
58(6)
Conclusion
64(1)
The Constitutional Consequences of Lawmaking in the Third Pillar of the European Union
65(24)
Elspeth Guild
What is the third pillar?
65(3)
What is the scope of the third pillar?
68(7)
Achieve the goals: what the Council can do
69(1)
The role of the European Commission
70(2)
Limiting the European Parliament
72(2)
Adopting measures
74(1)
The Third Pillar's Engine: The K.4 Committee
75(3)
The Drifting Policy Maker
78(1)
Making Policy Not Law
78(4)
Making Law Not Policy
82(2)
The Court of Justice
84(2)
Constitutional Traditions and the Third Pillar
86(1)
The Balancing Act
87(2)
New Institutionalism and European Union Legal Studies
89(22)
Kenneth A Armstrong
``Intergration Theory'': The Legacy of Grand Theorising
90(11)
Neo-functionalism
90(5)
Intergovernmentalism
95(5)
Lessons from the theoretical legacy
100(1)
The Turn to Institutionalism
101(9)
Institutionalism and European Union Studies
102(2)
Institutionalism as the basis for an interdisciplinary research agenda?
104(2)
A historical institutionalist approach to the European Union
106(4)
Conclusion
110(1)
Constitutional Politics: The Reciprocal Impact of Lawmaking and Constitutional Adjudication
111(26)
Alec Stone Sweet
The Model
112(7)
the constitution and the legislature
113(1)
from legislator to court
114(2)
the crisis of legitimacy
116(1)
constitutional decision-making and rule-making
116(1)
the judicialisation of policy-making
117(2)
The Model Applied: France and Germany
119(11)
Politicisation and constitutional decision-making
119(5)
Constitutional decision-making and judicialisation
124(4)
Legislators and constitutional decision-making
128(2)
Conclusion
130(7)
Appendix
132(5)
Part II Parliaments
``The Style and the Machinery'': The Role of the European Parliament in the EU's Legislative Processes
137(10)
Martin Westlake
The Co-Decision Procedure: Rethinking the Constitutional Fundamentals
147(22)
Sophie Boyron
A Success Beyond Most Expectations
147(9)
An external assessment
148(3)
A substantive assessment: general
151(2)
Substantive assessment: strength and strategies of the European Parliament
153(3)
Reforming the Procedure
156(10)
Two contradictory trends
157(5)
Implications for procedural reform
162(4)
Conclusion: What Role for the Commission?
166(3)
Postscript
166(3)
Harmonisation Under Community Law: The Comitology Issue
169(18)
Wolf Sauter
Ellen Vos
Introduction
169(1)
The Harmonisation of Laws in the Context of European Integration
170(4)
1957--1987 full harmonisation
171(1)
Post-Single European Act: minimum harmonisation
171(2)
Harmonisation and policy co-ordination
173(1)
Comitology
174(6)
The purpose and classification
174(1)
Legal issues connected with comitology
175(2)
The inter-institutional conflict on comitology after the Single Act
177(3)
Comitology and Multi-level Policy-making: Three Case Studies
180(6)
Telecommunications: a network of national regulators
180(2)
The scientific co-operation model: the case of foodstuffs
182(2)
A Community agency: the case of pharmaceuticals
184(2)
Conclusion
186(1)
The Politics of Information: U.S. Congress and European Parliament
187(22)
Martin Shapiro
Introduction
187(2)
Congressional Staff
189(6)
Individual and committee staff
189(1)
Committee environment
190(1)
Committee staff
191(1)
Staff orchestration of information
192(1)
Risk of capture of Congress by staff
193(1)
Epistemic communities and loaded fact-finding
194(1)
The Committee System
195(3)
Party and committee
196(1)
Committees and information
197(1)
The European Parliament and Information
198(9)
EP staff
199(2)
EP committees, parties and groups
201(1)
Committee system
202(2)
Whither the parliamentary staffs?
204(3)
Conclusion
207(2)
National Parliaments and the European Union: Where to From Here?
209(14)
Philip Norton
The Present Role
210(3)
Is it Right?
213(2)
Is it Possible?
215(6)
Political systems
217(1)
Political will
218(2)
Priorities
220(1)
Co-ordination and compatibility
220(1)
Culture
221(1)
Conclusion
221(2)
The Committee of European Affairs of the Danish Parliament (The Folketing): How to maintain some parliamentary control of the legislative power of the Combined Executives in the Council of Minister
223(16)
Martin Jarvad
Background
223(8)
Parliamentarism and the European Union in general
223(3)
The controversial constitutionality of the Danish entry in the EEC
226(5)
The European Committee
231(8)
Composition
231(1)
Procedure
231(1)
Ministers' duties towards the Committee
231(1)
Legal effects: external and internal
231(2)
Political effects: external and internal
233(1)
Ongoing changes
233(6)
Part III Institutional Interaction
Lawmaking Under the Social Chapter of Maastricht
239(23)
Gisbert Brinkmann
The Maastricht Conference
239(1)
Basic features the Social Protocol and Agreement
240(7)
Enhanced role of management and labour
241(1)
Expression of subsidiarity
242(1)
Position of the United Kingdom
242(1)
Competence of the Community
243(2)
The relationship between the Treaty and the Agreement
245(2)
The Legislative Process: Consultation of Management and Labour
247(2)
Management and labour
247(1)
Consultation process
248(1)
Agreements concluded by management and labour
249(9)
Time to initiate negotiations
249(1)
Nature of agreements between management and labour
250(1)
Management and labour
250(2)
Matters of an agreement
252(1)
Implementation
252(4)
Omission of the European Parliament and of ECOSOC
256(1)
Jurisdiction of the European Court of Justice
257(1)
Conclusion
258(4)
Experience of the first instruments under the Agreement
258(1)
Effect on the role of the institutions
259(1)
Spillover effect to the United Kingdom
260(1)
Intergovernmental Conference 1996 and the Treaty of Amsterdam
260(2)
The Future of Social Policy-Making in the European Union
262(23)
Holly Cullen
Elinor Campbell
Introduction
262(2)
The Commission's Attitude to Social Policy Since 1991
264(3)
Three Trends in Fourth Phase Social Policy
267(5)
Reducing the role of harmonisation
267(2)
Non-harmonisation policies
269(3)
Social dialogue
272(1)
Social Dialogue
272(11)
A fresh impetus for social policy?
273(3)
A greater input for the social partners?
276(2)
Implementation of agreements
278(1)
The Social Policy Dialogue and new forms of European level social regulation
279(4)
Conclusion
283(2)
A Hard Look at Soft Law
285(25)
Fiona Beveridge
Sue Nott
Pregnant Workers Directive
287(1)
What is Soft Law?
288(2)
Soft Law in the EC
290(2)
Soft Law and Social Change
292(1)
Soft Law in ``Her Infinite Variety''
293(4)
Soft law may supplement hard law
293(1)
Soft law as proto-law
293(1)
Soft law as soft pedalling
294(1)
Soft law as subsidiarity
294(1)
Soft law as a normative guide to community action
295(1)
Soft law as empowerment
295(2)
EC Recommendation on the Protection of the Dignity of Women and Men at Work and the Code of Practice on Measures to Combat Sexual Harassment
297(8)
Background to the passage of the recommendation
297(2)
The content of the recommendation and code of practice
299(2)
The practical and legal effects of the recommendation and code of practice on sexual harassment
301(4)
Recommendation on Childcare
305(3)
Background to and content of the recommendation
305(1)
The effect of the recommendation on childcare
306(2)
Conclusions
308(2)
``Soft Law'' in EC Consumer Law
310(22)
Geraint G. Howells
What is ``Soft Law''?
310(1)
Arguments in Favour of Soft Law
311(4)
Criticisms of traditional forms of regulation
312(1)
Benefits of soft law
313(1)
Disenchantment with the regulatory welfare state
313(2)
Drawbacks of Soft Law
315(2)
Legislation re-appraised
316(1)
Myths about soft law
316(1)
The dangers of soft law
316(1)
What Should the Role of Soft Law be?
317(1)
Adoption of Soft Law Techniques
318(2)
The EC's Conversion to Soft Law
320(1)
Consumer Product Safety
321(4)
Advertising
325(2)
Payment Systems
327(2)
Payment cards etc.
328(1)
Cross border transfers
329(1)
Conclusion
329(3)
The Interplay of the Commission and the Court of Justice in Giving Effect to the Right to Provide Financial Services
332(11)
Mads Andenas
Introduction: Another Route to the Internal Financial Market
332(1)
Why were Financial Services so Difficult?
333(2)
Community Policies before the Liberalisation of Capital Movements
335(2)
The Financial Institutions Directives
337(1)
The Commission's Draft Communication on the General Good of 1995
338(2)
The Commission's Communication on Pension Funds
340(1)
What is the Legal Effect of a Commission Communication, and is it Renewable?
340(2)
Commission Legislation as an Alternative Route
342(1)
Creating a Directive on Pluralism and the Media Concentration: A case Study of the European Union Legislative Process
343(11)
Francesca Beltrame
Introduction
343(1)
The State of Play in the Initiative
344(1)
The Use of Legal Argumentation: The Logic of the Internal Market
345(7)
Internal Market and Competition
346(1)
Internal Market and Pluralism
347(1)
Internal Market and Interests of Industry
348(4)
Conclusions
352(2)
Accountability of Interest Groups in the Union Lawmaking Process
354(32)
Daniela Obradovic
Introduction
354(6)
Interest Representation in the European Union
360(2)
Interest Representation in the Union and the European Parliament
362(5)
Accountability and Interest Representation in the Union
367(5)
Achievement of Public Interest as the Principle for Reconciling Interest Representation with the Quest for Accountability
372(9)
Supplementary Role of Interest Representation as an Accountability Test
381(2)
Conclusions
383(3)
Social Law in the European Union: The Impact of the Lawmaking Process
386(26)
Sandra Fredman
Social Law in the Making
386(11)
The ECJ, as Lawmaker
397(8)
The ECJ, the EC Institutions and the Member States
398(4)
The Court as Lawmaker
402(3)
Social Dialogue
405(6)
The interaction between the social dialogue and the existing lawmaking institutions
406(1)
The effect of social dialogue on the substantive content of the proposals
407(1)
The basis for legitimacy of social dialogue within the legislative process
408(3)
Conclusion
411(1)
Animal Passions, Animal Welfare and European Policy Making
412(23)
Mike Radford
Animal Welfare and the European Union
412(3)
The Legal Framework
415(3)
Case Study--Animal Transport
418(8)
Issues
426(9)
The contribution of pressure groups
426(1)
The relationship between Community institutions and the nature of the legislative process
427(3)
The status of the declaration on the protection of animals and the Directive preamble
430(1)
The sovereignty question
430(5)
Part IV Harmonisation, Implementation and Incorporation
Better Lawmaking? AN Evaluation of Lawmaking in the European Community
435(19)
Tom Burns
Introduction
435(1)
The Problems Associated with the EC Statute Book: the Technical Deficiencies
436(4)
Other Criticisms of the Statute Book: There is too much Regulation, it is too detailed and prescriptive, and it is harmful to Economic Development
440(4)
Law Reform in the Community: a Process in Two Stages
444(9)
Phase one: the technical reform of the law
445(4)
The second phase of law reform: ``deregulation''
449(4)
Conclusions
453(1)
Going Dutch: Problems and Policies Concerning the Implementation of EU Legislation in the Netherlands
454(25)
VJJM Bekkers
AJC De Moor-van Vught
W Voermans
Introduction
454(1)
The Dutch Legal and Administrative System
455(3)
General characteristics of the Dutch System
455(1)
Implementation of EU regulations and decisions
456(1)
Enforcement of EC legislation
457(1)
The Legal process of Implementation in theory
458(8)
The constitutional framework
458(4)
The process of implementation of EU Directives
462(4)
Dutch Experiences with Implementation
466(10)
Legal problems
467(4)
Contextual problems of implementation
471(5)
Conclusions
476(3)
The criteria of the European Court of Justice
476(1)
Information from the European Commission
476(1)
Dichotomy between policy formulation and policy harmonisation
477(1)
The national constitutional system
477(1)
Co-ordination at the interdepartmental level
477(1)
Advisory boards
478(1)
Implementing EC Law in France: The Role of the French Conseil D' Etat
479(12)
Nicole Questiaux
Legal Techniques for Implementing Directives: A Case Study of Public Procurement
491(20)
Sue Arrowsmith
The European Community Rules on Public Procurement
492(1)
The Obligation to Implement Directives
493(1)
Techniques Adopted for Implementing the Procurement Directives
494(3)
Implementation by administrative guidance or instructions
494(2)
Legislative implementation ``by reference''
496(1)
Detailed legislative implementation
497(1)
A Comparison and Evaluation of Implementation Techniques
497(13)
Potential benefits of detailed implementation
498(8)
The problems with detailed implementation
506(2)
The advantages and disadvantages of implementation by reference
508(2)
Conclusion
510(1)
Harmonising European Patent Laws: Why so Little Call for an Appellate System?
511(18)
Philip Leith
Introduction
511(1)
The EPC, EPO and the CPC
512(2)
Legislative Harmonisation and Interpretation
514(2)
Problems from the Divergence of National Interpretation
516(1)
Do National Divergences Really Matter?
517(1)
Why are Interpretation Problems Seemingly of Little Importance
518(8)
Patent property rights are seldom valuable
519(2)
Patent property rights are commercial tools
521(1)
The EPO provides a ``harmonised'' philosophy
521(3)
The EPO's ``Court Functions'' cannot be ignored
524(1)
Industry is not willing to pay CPC costs
525(1)
Conclusion: Harmonisation via Trans-National ``Quango''
526(3)
The Legislative Process and the Institutions of the European Union: A Case Study of the Development of European Company Law
529(16)
Lorna Woods
Charlotte Villiers
Introduction
529(1)
Identifying our Representatives
530(1)
Company Harmonisation Programme
530(1)
The Four ``Generations''
531(10)
First generation
533(2)
Second generation
535(2)
Third generation
537(3)
Fourth generation
540(1)
Conclusions
541(4)
Index 545

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