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The Legal Effects of EU Soft Law: Theory, Language and Sectoral Insights

The Legal Effects of EU Soft Law: Theory, Language and Sectoral Insights

Author: Petra L. Lancos; Napoleon Xanthoulis; Luis Arroyo Jimenez
Publisher: Edward Elgar Publishing
ISBN: 9781802208900
Published In: July 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,456.00

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Description
Contents

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This incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law.

The book opens with an exploration of the meaning and scope of EU soft law legal effects from a theoretical and doctrinal perspective. Chapters analyse the role, contribution and broader legal effectiveness of the language employed by EU authorities when drafting soft law instruments. Finally, in a ground-up approach to the research topic, the book discusses soft law’s legal effects within three areas of EU legislation, namely financial supervision, technical standardisation, and telecommunications law.

Advancing a legal and argumentative toolkit to evaluate and improve EU soft law persuasiveness, this title will be advantageous to academics, practitioners and policymakers with specialisms in European law, constitutional and administrative law and regulation and governance.

1. Introduction to The Legal Effects of EU Soft Law 1

Petra Lea Láncos and Luis Arroyo Jiménez

PART I. THEORY

2. Beyond bindingness: A typology of EU soft law legal effects 9

Luis Arroyo Jiménez

3. Reconsidering the legal effect of EU soft law in national implementation: Bindingness from an individual rights perspective 33

Wolfgang Weiß

4. EU soft law: validity, normativity and ‘bindingness’ reviewed 53

Verena Rošic Feguš

PART II. LANGUAGE

5. Words are stones: Constructing bindingness through language in EU environmental soft law 76

Danai Petropoulou Ionescu and Mariolina Eliantonio