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Network-based Governance in EC Law - The Example of EC Competition and EC Communications Law (Hardcover, New)
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Network-based Governance in EC Law - The Example of EC Competition and EC Communications Law (Hardcover, New)
Series: Modern Studies in European Law, 19
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To strengthen the credibility of the EU and its policies, the
European Community is increasingly concerned to emphasise effective
enforcement of EC law. This book engages in the debate on the
better application of European law by offering an integrated
analysis of a new institutional arrangement - one that relies on
networks grouping the Commission and national administrative
authorities. Taking the traditional enforcement paradigms of
decentralization, centralization and agency-based enforcement as
starting points, their benefits and downsides are described and
critiqued, and the author concludes that there is considerable room
for improvement. The book then undertakes a comprehensive analysis
of the network model to determine its core characteristics and
assess its effectiveness. European competition law and electronic
communications law are used as case studies because, inter alia,
the networks there have developed an adequate level of
sophistication. The book also employs a bottom-up approach,
considering how four key Member States (France, Germany, the
Netherlands and the United Kingdom) have given effect to the
relevant European rules. At the core of the book is a critique of
the wider normative attractiveness of the network model. The
discussion is kaleidoscopic, engaging with a wide variety of
notions including legitimacy, judicial review, subsidiarity,
institutional balance and efficiency. The thrust of the book is
that network-based governance deserves careful consideration as the
model that is able to mediate the competing concerns of coherence
for Internal Market reasons, and of diversity and respect for local
autonomy. This book is useful for EC competition law and
communications law practitioners, and those with a keen interest in
institutional and administrative law.
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