Carefully structured and supported with a wealth of examples, Elise Muir provides a clear, concise introduction to the EU legal order. Drawing upon her years of teaching experience, Muir outlines the history of the EU, its key actors, modes of action and its daily relevance. Offering students and instructors an up-to-date textbook, Muir pays attention to the latest developments, including the impacts of Brexit and the Covid-19 crisis. Written for students from a range of disciplines and levels of study, this book explains how the EU legal order works. Muir illuminates the complex and technical areas of EU institutional law through explanatory illustrations, schemes, and textboxes. With this engaging and accessible resource, students will be well-equipped to understand the fundamentals and functioning of the EU legal order.

Before the financial crisis, fiscal policy often played a secondary role to monetary policy, with the manipulation of interest rates to hit inflation targets being the main instrument of macroeconomic management. However, after the financial crisis and the subsequent euro crisis, fiscal policy has been brought back to the fore. In the past, the limited understanding of the effects of fiscal policy, neglect of monetary-fiscal interactions, faulty institutional set ups or ignorance of market expectations often led to bad policies. This book, written by a team of leading economists, seeks to address the current oversight of fiscal policy and to upgrade our understanding and conduct of fiscal policy, presenting a well-balanced diagnosis and offering several important lessons for future fiscal analysis and policymaking. It is an essential read for academics and graduate students focused on the current debate over fiscal policy, as well as policymakers working on day-to-day policy issues.

This book offers one of the most comprehensive accounts of European Council and Council decision-making by covering two decades of European integration from the late 1990s until the years after the entering into force of the Lisbon Treaty. Case studies analyse the European Council, the Eurogroup, the Economic and Financial Affairs Council, the Foreign Affairs Council and the Employment, Social Policy, Health and Consumer Affairs Council as well as the role of senior coordination committees. Puetter provides a genuinely new perspective on the European Council and the Council, portraying the two institutions as embodying the new intergovernmentalism in European Union Governance. The European Council and the Council shows how post-Maastricht integration is based on an integration paradox. Member states are eager to foster integration but insist that this is done outside the community method. This especially applies to new prominent areas of European Union activity including economic governance, common foreign, security and defence policy as well as employment and social policy. This book explains how the evolution of these new areas triggered institutional change. Policy coordination and intergovernmental agreement are identified as the main governance mechanisms with the European Council and the Council at the centre of these processes. This book features a novel analytical framework - deliberative intergovernmentalism - to trace institutional change after the Treaty of Maastricht. Joint decision-making among member states is understood as non-legislative decision-making which is geared towards permanent consensus seeking and direct member state involvement at all stages of the policy process.

Defending Europe seeks to clarify the competing ambitions, the contrasting visions and the trans-Atlantic tensions related to the recent quest by Europe for autonomy in the sphere of security and defense. Scholars from both sides of the Atlantic explore the development of ESDI within NATO, the revival of the WEU and the launch of the EU's Common European Security and Defense Policy. Among the issues discussed are the Euro-American capabilities gap, concerns regarding decoupling, discrimination, and duplication, and the complications posed by NATO/EU enlargement. Two contrary conclusions debate whether ESDP is more likely to strengthen or undermine the Atlantic Alliance. This informative foray into trans-Atlantic security and defense issues is a crucial addition to the ongoing dialogue concerning this shifting and evolving relationship.

Europe's trade policies matter in global politics. Despite the recent focus on Brazil, India, and particularly China, the European Union remains the world's largest market and trader. Despite its recent economic troubles, Europe remains in a powerful position to shape how globalization is governed. We know surprisingly little about how its trade policy is actually made, because previous works have focused on individual trade policy decisions to the detriment of the 'big picture' of the Union as a trade power. Parochial Global Europe argues that trade policy is composed of multiple, distinct policies. Each presents a distinctive constellation of mobilized societal preferences, pattern of political institutions, and range of government preferences. The balance of economic power between the EU and its trade partner(s) affects the stakes involved. Together these four factors define trade policy sub-systems, which help explain both the EU's objectives and whether it realizes them. The authors advance this argument by analysing the EU's role in the demise of the Doha Round, its use of anti-dumping and pursuit of market access, the trade effects of its single market programme and efforts at regulatory diplomacy, including the launch of the Transatlantic Trade and Investment Partnership negotiations. Parochial Global Europe thus focuses centrally on modern, 21st century trade policy. It also sheds light on the EU as a global actor by analysing its use of trade policy as a tool of foreign policy from promoting development, to encouraging human rights and environmental protection, to punishing security threats.

Large-scale migration constitutes an unavoidable social reality within the European Union. A European polity is made possible and tangible by the individual acts of migrants crossing the internal borders, developing a transnational life and integrating into European societies. Consequently, migration has become a special feature of the self-understanding of the European Union: its existence depends upon a continuing flow of persons crossing the borders of the Member States, and also upon the management of the flows of third-country nationals knocking at its doors. To respond to this challenge, the Union has developed common European migration policies. This book is a collection of essays which aim to explore a selected number of issues related to the development of these policies. It presents the current state, and the future of European immigration law discussing the political rationales and legal competences driving the action of the Union in this area. It reflects on the cooperation of the Union with third countries and on the emergence of international migration legal norms. It illustrates the role of the European Courts and the emergence of new actors through the adoption of EU instruments.

East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.

This is an authoritative, one-volume, and independent treatment of the history, functioning and nature of the European integration. Written by a selection of leading scholars. It covers the major institutions, policies, and events in the history of integration, whilst also providing a guide to the major theoretical approaches that have been used to study it over time. By bringing together such a distinguished cast covering such a wide array of themes, the Handbook is intended as a one stop shop for all those interested in the European Union and its predecessors. Written in an accessible style, the volume is intended to shape the discipline of EU studies, and to establish itself as the essential point of reference for all those interested in European integration, both in universities and more broadly. It represents a timely guide to an institution that is much discussed but often only imperfectly understood.

This handbook comprehensively explores the European Union's institutional and policy responses to crises across policy domains and institutions - including the Euro crisis, Brexit, the Ukraine crisis, the refugee crisis, as well as the global health crisis resulting from COVID-19. It contributes to our understanding of how crisis affects institutional change and continuity, decision-making behavior and processes, and public policy-making. It offers a systematic discussion of how the existing repertoire of theories understand crisis and how well they capture times of unrest and events of disintegration. More generally, the handbook looks at how public organizations cope with crises, and thus probes how sustainable and resilient public organizations are in times of crisis and unrest.

The Convention on the Future of Europe served to galvanize debate about the nature and future developmental trajectory of the European Union. More specifically, it engendered discussion over the degree to which the process resembled that which had occurred in Philadelphia some two hundred years earlier, and, more broadly, over the extent to which the European Union does, or should, resemble the United States. Partly as a consequence of such debates, comparative federalism is now an important topic, with scholarly work comparing the US and EU proliferating rapidly. The present volume seeks to build on and contribute to this growing literature, by developing a systematic comparison of the institutions, policies and developmental patterns of the European Union and the United States.

Examining the principle of mutual recognition in the EU legal order, this book takes a cross-policy approach to focus on the principle in the internal market and in the criminal justice area. It asks whether the principle of mutual recognition, as developed in relation to the free movement provisions (internal market), can equally be applied in judicial cooperation in criminal matters (the area of freedom, security, and justice), and if such a cross-policy application is desirable. Divided into three parts, the book first looks at the way this principle functions in the internal market. Part II examines how the principle works in judicial cooperation in criminal matters, with the final part answering the book's central questions. In each part, further related questions are asked: What is the object of the principle of mutual recognition? Who are the main actors involved? How does the mechanism of mutual recognition operate (with an emphasis on the existing limits to mutual recognition)? How does mutual recognition relate to harmonization and to mutual trust? What is the relevance of equivalence requirements and the distribution of competence between the home (issuing) State and the host (executing) State? What are the main characteristics of the principle of mutual recognition? And is it a workable principle? Through an in-depth analysis of the relevant Treaty provisions, EU legislation, EU case law, and EU policy documents, the book comes to the conclusion that a cross-policy application of the principle of mutual recognition is both feasible and desirable.

A critical overview of European Union energy law and policy, this book takes a law-in-context approach as it examines the development of EU energy law from the 1950s to the present day. It discusses the development of EU energy law; the application of general EU law into energy; the regulation of EU energy markets; international aspects of EU energy law; and policy, sustainability, and energy regulation. Presenting an up-to-date overview of EU energy law and policy and a critical analysis of its sub-areas, the book extends the discussion from electricity and natural gas markets to other areas of energy, including oil. This holistic approach to the subject is then placed within the broader context of the international geopolitical sphere which EU energy law and policy operates, as the author considers the impact of regional and international energy policies and markets on the EU markets and the overall EU policy. He also draws on the wider context and takes into account non-legal factors such as the impact of unconventionals, the rise of the BRICS, and the 'Arab spring'. The book frames EU energy law as a topic that can provoke intellectual, political, and professional discussion about the slowly moving train of economic regulation under the typical pressures and contradictions of countries and the European Union in the global economy.

Shedding light on the origins of the Second World War in Europe, Stalin’s Gamble aims to create a historical narrative of the relations of the USSR with Britain, France, the United States, Poland, Germany, Italy, Czechoslovakia, and Romania during the 1930s. The book explores the Soviet Union’s efforts to organize a defensive alliance against Nazi Germany, in effect rebuilding the anti-German Entente of the First World War. Drawing on extensive research in Soviet as well as Western archives, Michael Jabara Carley offers an in-depth account of the diplomatic manoeuvrings which surrounded the rise of Hitler and Soviet efforts to construct an alliance against future German aggression. Paying close attention to the beliefs and interactions of senior politicians and diplomats, the book seeks to replace one-sided Western histories with records from both sides. The book also offers an inside look at Soviet foreign policy making, with a focus on Stalin as a foreign policy maker as well as nd his interactions with his colleagues. Told in a fascinating narrative style, Stalin’s Gamble attempts to see the European crisis of the 1930s through Soviet eyes.

This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant as European and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected. The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international application and subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of more specialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for any practitioner facing unfamiliar questions in the area.

At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to create a body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has often taken differing approaches across the different freedoms, leaving a body of law apparently lacking a coherent set of foundational principles. This book presents a critical analysis of the European Courts' jurisprudence on free movement, examining the Court's constitutional responsibility to articulate a coherent vision of the EU internal market. Through analysis of restrictions on free movement rights, it argues that four main drivers are distorting the system of the case law and its claims to coherence. The drivers reflect 'good' impulses (the protection of fundamental rights); avoidable habits (the proliferation of principles and conflicting lines of case law authority); inherent ambiguities (the unsettled purpose and objectives of the internal market); and broader systemic conditions (the structure of the Court and its decision-making processes). These dynamics cause problematic instances of case law fragmentation - which has substantive implications for citizens, businesses, and Member States participating in the internal market as well as reputational consequences for the Court of Justice and for the EU more generally. However, ultimately the Member States must take greater responsibility too: only they can ensure that the Court of Justice is properly structured and supported, enabling it to play its critical institutional part in the complex narrative of EU integration. Examining the judicial development of principles that define the scope of EU free movement law, this book argues that sustaining case law coherence is a vital constitutional responsibility of the Court of Justice. The idea of constitutional responsibility draws from the nature of the duties that a higher court owes to a constitutional text and to constitutional subjects. It is based on values of fairness, integrity, and imagination. A paradigm of case law coherence is less rigid, and therefore more realistic, than a benchmark of legal certainty. But it still takes seriously the Court's obligations as a high-level judicial institution bound by the rule of law. Judges can legitimately be expected - and obliged - to be aware of the public legal resource that they construct through the evolution of case law.

In the decade after 1945, as the Cold War freeze set in, a new Europe slowly began to emerge from the ruins of the Second World War, based on a broad rejection of the fascist past that had so scarred the continent's recent history. In the East, this new consensus was enforced by Soviet-imposed Communist regimes. In the West, the process was less coercive, amounting more to a consensus of silence. On both sides, much was deliberately forgotten or obscured. The years which followed were in many ways golden years for western Europe. Democracy became embedded in Germany, and eventually triumphed over dictatorship in Spain, Portugal, and Greece. Britain and France faced up to the necessity of decolonization. The European Economic Community was founded and went from strength to strength, as the economies of western Europe bounced back from the devastation of the war. The countries of the East lagged far behind and seemed caught in a perpetual game of catch-up, but even there conditions had improved since the end of the war, albeit at a much slower rate. Above all, throughout this period the European world continued to be sustained by the broad anti-fascist consensus that had emerged in the years after 1945. However, as Dan Stone shows in this new history of the continent since the war, this fundamental consensus began to break down in the wake of the oil shocks of the 1970s, a process which has rapidly accelerated since the end of the Cold War. Globalization, deregulation, and the erosion of social-democratic welfare capitalism in the West, and the collapse of the purported Communist alternative in the East, have all fatally undermined the post-war anti-fascist value system that predominated across Europe in the first four decades after the end of the Second World War. Ominously, this has been accompanied by a rise in right-wing populism and a widespread revision of the anti-fascist narrative on which this value system was based. The danger of this shift is now evident: financial and social crisis, an increasing inability on the part of European populations to resist historical myth-making, and the re-emergence of fascist ideas. The result, as Dan Stone warns, is socially divisive, politically dangerous, and a genuine threat to the future of a civilized Europe.

The European Commission started out in the 1950s as a technocratic international organization. Today, it has acquired many of the organizational features and behavioural patterns that are highly typical of the 'normal' executives in national settings. This 'normalization' of the EU executive is due to a series of treaty reforms and internal administrative transformations that were effectuated after the demise of the Santer Commission. Based on a large number of in-depth interviews with commissioners, heads of cabinet, and senior civil servants in the Commission, and on extensive documentary evidence, this study shows how a reinforced regime of political and administrative accountability has profoundly changed the executive relationships between politicians and bureaucrats in the Commission. The book presents a grounded empirical portrait of life at the top in the EU, exposing the Commission's struggle to revive its legitimacy and to turn it into a more transparent, accountable, and efficient organization during the Prodi and Barroso's tenures. Officials and office-holders describe in their own words the imperatives they face and the relationships they maintain, providing readers a rare insight into the day-to-day practices in one of the world's most powerful executives.

This book is a 'must read' for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.' - Jan M. Hebly, Houthoff Buruma, the Netherlands'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.' - Marco Bronckers, Partner, VVGB Advocaten, Belgium 'The so-called 'private enforcement' of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.' - Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands Private Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States. Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension. The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States. Key features of the book include: - Expert authorship from a Member of the Legal Service of the European Commission - Comprehensive assessment of EU legislation on the private enforcement of EU law before national courts - Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fields - Extensive discussion of the scope for the EU to act vis-a-vis the autonomy of the Member State - One of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104) - Exposition of key case law relating to private enforcement and the remedies available to private parties.

This collection sets a new agenda for conducting research on the EU and learns from past mistakes. In doing so it provides a state-of-the-art examination of social science research designs in EU studies while providing innovative guidelines for the advancement of more inclusive and empirically sensitive research designs in EU studies

Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.

Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.

Why can some interest groups influence policy-making while others cannot? Even though this question is central to the study of politics, we know little about the factors explaining interest group influence. Understanding lobbying success should be of particular concern to scholars of European politics since the European Union constitutes a promising political opportunity structure for organized interests. This book sheds light on the impact of interest groups on European policy-making and makes a major contribution to the study of both European Union politics and interest groups more generally. Kluver develops a comprehensive theoretical model for understanding lobbying success and presents an extensive empirical analysis of interest group influence on policy-making in the EU. The book relies on a large, new, and innovative dataset that combines a wide variety of data sources including a quantitative text analysis of European Commission consultations, an online survey of interest groups, information gathered on interest group websites, and legislative data retrieved from EU databases. This book analyzes interest group influence across 56 policy issues and 2,696 interest groups and shows that lobbying is an exchange relationship in which the European institutions trade influence for information, citizen support and economic power. Importantly, this book demonstrates that it is not sufficient to solely focus on individual interest groups, but that it is crucial how interest groups come together in issue-specific lobbying coalitions. Lobbying is a collective enterprise in which information supply, citizen support, and economic power of entire lobbying coalitions are decisive for lobbying success.

European integration confuses citizens and scholars alike. It appears to transfer power away from national capitals towards Brussels yet a close study of the EU reveals the absence of any real leap towards supranationalism. The EU is dominated by cooperation between national representatives and national officials yet it continually appears to us as something external and separate from national political life. This book takes on these paradoxes by arguing that European integration should no longer be studied as the transcendence of states or as merely an expression of national interests. Rather, we should approach it as a process of state transformation. This transformation is from nation-state to member state. The book explores in detail the concept of member state, arguing that it provides us with the best tool for understanding the European integration process. Member states differ from traditional nation-states. They are not founded on the idea of popular sovereignty or the nation. They rest upon the idea that the governance of domestic societies requires external frameworks of rule that can bind the hands of national politicians. National authority is thus exercised through external rules and norms. Member statehood differs from earlier forms of statehood because it rests upon a presumption of conflict between state and society rather than an identity of interests between ruler and ruled. The book outlines in empirical detail these mysteries and paradoxes of European integration. It then outlines in detail the theory and history of member statehood. It applies the concept of member state to the study of two EU policy areas: macro-economic governance and foreign and security policy.

A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.