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Optional Instruments of the European Union - A Definitional, Normative and Explanatory Study (Paperback)
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Optional Instruments of the European Union - A Definitional, Normative and Explanatory Study (Paperback)
Series: Ius Commune: European and Comparative Law Series, 149
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This rise of a particular kind of European Union legislation known
as the 'optional instrument' is a novel trend in the context of EU
law, and one that until now has not been comprehensively mapped or
explored. This study examines and discusses existing and proposed
EU Optional Instruments (OIs) in different fields of European law,
including company law, intellectual property law and procedural law
(such as the European Company, the Community Trade Mark and the
European Small Claims Procedure, respectively), as well as contract
law. The study identifies the core elements that define Optional
Instruments of the EU and distinguish them from other kinds of EU
legislation, especially so-called approximating measures. It
provides a detailed overview of a total of twelve OIs in the
aforementioned policy areas, charting their development,
characteristics and (where appropriate) usage in practice. It
investigates the case for and against the use of optional
instruments as an alternative means of EU law-making, by analyzing
and evaluating the principal arguments in the debate surrounding
the use of this legislative method. Finally, it offers an
explanation of the varied degree of 'success' of EU OIs already in
existence, by identifying possible factors that play a role in this
respect and testing the significance of these factors with
reference to available empirical data. In doing so, the author
provides a framework for future research into this developing
phenomenon, as well as guidance for the elaboration of future
Optional Instruments of the European Union.
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