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The Resource New governance and the proceduralisation of European law : the case of the open method of coordination, Mark Dawson

New governance and the proceduralisation of European law : the case of the open method of coordination, Mark Dawson

Creator
Contributor
Summary
This thesis is devoted to analysing the emerging relationship in the European Union between 'new governance' - epitomised by the development of the Open Method of Coordination (OMC) - and law. While some scholars have seen the project of new governance as a purely political or functional enterprise - a mechanism of 'soft law' - the thesis will argue against such a view through an empirical analysis of a particular OMC process - the OMC for social inclusion and social protection (the OMC SPSI). While on the one hand, the OMC SPSI has achieved considerable success in creating a new social policy vocabulary in Europe, the very description of the OMC as an instrument of 'soft law' has handed considerable power to frame key policy decisions to national and European executives, while depriving Parliaments and local authorities from their normal rights of scrutiny. The OMC SPSI illustrates why - far from invoking a merely 'technical' or procedural set of questions - 'new governance' is deeply implicated in debates over the future of the European welfare state. The indicators and recommendations of the method are not seen by its participants as neutral descriptors, but rather invoke competing views of the very ends of social policy in Europe. The description of new governance as soft and heterarhical does not therefore dilute its key legitimacy challenges, but makes them ever more pressing. In response, the thesis will argue for a 'constitutionalisation' of new governance. This constitutionalisation, the thesis will argue, should not be aimed at a legal 'juridification' of OMC procedures, or at re-enforcing their participatory potential, but rather at creating opportunities for political contestation and scrutiny in procedures too long the preserve of a small and mutually re-enforcing circle of executive actors. A 'republican' constitutionalisation of the OMC - one able to politicise the norms and indicators through which national social policy is being evaluated - may allow 'new governance' a last opportunity to refute accusations of executive dominance and technocratic paternalism that threaten to undermine its 'procedural' potential
Language
eng
Work
Publication
Extent
350 pages
Note
Examining Board: Profs. Christian Joerges (Supervisor, former EUI and University of Bremen), Hans-W. Micklitz (EUI), John Paterson (External Co-Supervisor, University of Aberdeen), David M. Trubek (University of Wisconsin, Madison)
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Instance
Label
New governance and the proceduralisation of European law : the case of the open method of coordination
Title
New governance and the proceduralisation of European law
Title remainder
the case of the open method of coordination
Statement of responsibility
Mark Dawson
Creator
Contributor
Subject
Language
eng
Summary
This thesis is devoted to analysing the emerging relationship in the European Union between 'new governance' - epitomised by the development of the Open Method of Coordination (OMC) - and law. While some scholars have seen the project of new governance as a purely political or functional enterprise - a mechanism of 'soft law' - the thesis will argue against such a view through an empirical analysis of a particular OMC process - the OMC for social inclusion and social protection (the OMC SPSI). While on the one hand, the OMC SPSI has achieved considerable success in creating a new social policy vocabulary in Europe, the very description of the OMC as an instrument of 'soft law' has handed considerable power to frame key policy decisions to national and European executives, while depriving Parliaments and local authorities from their normal rights of scrutiny. The OMC SPSI illustrates why - far from invoking a merely 'technical' or procedural set of questions - 'new governance' is deeply implicated in debates over the future of the European welfare state. The indicators and recommendations of the method are not seen by its participants as neutral descriptors, but rather invoke competing views of the very ends of social policy in Europe. The description of new governance as soft and heterarhical does not therefore dilute its key legitimacy challenges, but makes them ever more pressing. In response, the thesis will argue for a 'constitutionalisation' of new governance. This constitutionalisation, the thesis will argue, should not be aimed at a legal 'juridification' of OMC procedures, or at re-enforcing their participatory potential, but rather at creating opportunities for political contestation and scrutiny in procedures too long the preserve of a small and mutually re-enforcing circle of executive actors. A 'republican' constitutionalisation of the OMC - one able to politicise the norms and indicators through which national social policy is being evaluated - may allow 'new governance' a last opportunity to refute accusations of executive dominance and technocratic paternalism that threaten to undermine its 'procedural' potential
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorDate
1983-
http://library.link/vocab/creatorName
Dawson, Mark
Date time place
Defence date: 8 September 2009
Dissertation note
Thesis (Ph. D.)--European University Institute (LAW), 2009.
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • EUI PhD theses
  • EUI theses
http://library.link/vocab/subjectName
  • European Union
  • Decision making
  • Legislative bodies
  • Administrative agencies
Label
New governance and the proceduralisation of European law : the case of the open method of coordination, Mark Dawson
Link
Instantiates
Publication
Note
Examining Board: Profs. Christian Joerges (Supervisor, former EUI and University of Bremen), Hans-W. Micklitz (EUI), John Paterson (External Co-Supervisor, University of Aberdeen), David M. Trubek (University of Wisconsin, Madison)
Bibliography note
Includes bibliographical references (pages 321-342)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb16118704
Dimensions
30 cm.
Extent
350 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)1038761849
Label
New governance and the proceduralisation of European law : the case of the open method of coordination, Mark Dawson
Link
Publication
Note
Examining Board: Profs. Christian Joerges (Supervisor, former EUI and University of Bremen), Hans-W. Micklitz (EUI), John Paterson (External Co-Supervisor, University of Aberdeen), David M. Trubek (University of Wisconsin, Madison)
Bibliography note
Includes bibliographical references (pages 321-342)
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Control code
FIEb16118704
Dimensions
30 cm.
Extent
350 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)1038761849

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