Now showing 1 - 10 of 60
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    Scopus© Citations 2
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    New Modes of Governance and Democratic Accountability
    (Cambridge University Press, 2011-01-15)
    Héritier, Adrienne
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    This article raises the question of the link between new modes of governance and democratic accountability. Our definition of new modes of governance as modes refers to public policy-making that includes private actors and/or public policy-making by public actors that takes place outside legislative arenas, and which focuses on delimited sectoral or functional areas. We identify three different ways in which new modes of governance can be subjected to democratic control: parliamentary control, multi-stakeholder involvement and control through the public sphere and civil society at large. Building on a number of the illustrative insights from various empirical projects, we find that, in our cases at least, new modes of governance did not have a negative effect on existing patterns of democratic accountability. At the same time, neither multi-stakeholder policies nor the participation of civil society guarantee democratic accountability in the strict sense. We provide some evidence to the effect that, if institutionally linked to democratically elected governmental bodies - meaning, in this context, the European Parliament - it is more likely that negative externalities deriving from public policy-making in functionally segmented arenas of the European Union's multilevel polity will be dealt with in a more systematic way.
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    Scopus© Citations 40
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    Modes of external governance: a cross-national and cross-sectoral comparison
    (Taylor & Francis, 2009-09-01)
    Lavenex, Sandra
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    Wichmann, Nicole
    Contrary to the vast majority of studies that try to characterize EU external governance by looking at the macro-structures of association relations, our comparative analysis shows that overarching foreign policy initiatives such as the EEA, Swiss-EU bilateralism or the ENP have little impact on the modes in which the EU seeks to expand its policy boundaries in individual sectors. In contrast, modes of external governance follow sectoral dynamics which are astonishingly stable across countries. These findings highlight the importance of institutional path-dependencies in projecting governance modes from the internal to the external constellation, and question the capacity to steer these functionalist patterns of external governance through rationally planned foreign policy initiatives.
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    Scopus© Citations 86
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    Switzerland's flexible integration in the European Union : A Conceptual Framework
    (Rüegger Verlag, 2009) ;
    Lavenex, Sandra
    Introduction to the special issue SPSR 15(4).
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    Conditioned Networking: Swiss-EU Relations in Transport
    (Wiley-Blackwell, 2009-10-14) ;
    Siegrist, Olivier
    This article addresses the structural characteristics of the interactions between Switzerland and the EU in the transport sector, i.e. transport by air and land. More precisely, it is focused on two different aspects of this relationship: first the modes of coordination between Switzerland and the EU according to the concept of external governance and, second, those conditions that make inclusive patterns of interaction more likely. The central finding of this case study is an expansion of both the regulatory and organisational boundary in both cases. This shift finds expression in the incorporation of Swiss actors into a variety of networks that, at least in some cases, allow Swiss actors to shape EU policy making. The actual patterns of interaction are influenced by a number of factors, including the type of governance inside the EU that facilitates the inclusion of third parties in EU external governance and the problem structure that is characterized by coordination rather than enforcement problems.
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    The Shadow of Hierarchy and New Modes of Governance
    (Cambridge Univ. Press, 2008-11-29)
    Héritier, Adrienne
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    This special issue about sectoral governance in the shadow of hierarchy focuses on two sets of questions. Firstly, do new modes of sectoral governance in themselves contribute to the efficacy of policymaking or do they require the shadow of hierarchy, i.e. legislative and executive decisions, in order to deal effectively with the problems they are supposed to solve? And, secondly, what are the institutional links between sectoral governance and territorially bounded democratic governments? How do different links contribute to the efficacy of policymaking and how do they change over time? Is there a retreat of government from policymaking and a corresponding increase of sectoral governance, or just the opposite?
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    Scopus© Citations 338
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    Arbitration and European Competition Policy: Traditional and new Roles
    (NewGov, 2008-03-12)
    NEWGOV new Modes of Governance Project http://www.eu-newgov.org/database/PUBLIC/Policy_Briefs/NEWGOV_Policy_Brief_no21.pdf
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    On Government, Governance and Judicial Review: The Case of European Competition Policy
    (Cambridge Univ. Press, 2008-11-29)
    From a traditional rationalist principal-agent framework, the development of the European Community's competition policy could appear as a straightforward story of agency loss. However, the recent overhaul of competition policy, which the Community presented in terms of decentralisation, appears to have changed the story. We are confronted with the uncommon event of an agent (the European Commission) returning some of its powers to the principals (the member states). This paper resolves the puzzle by highlighting the role of the Commission and of European courts. It has become part of the Commission's strategy to pursue its objectives through legally non-binding instruments such as notices or guidelines or co-operation in networks. These instruments do not need the approval of the Council of Ministers or the European Parliament. With the Commission's promotion of new modes of governance, the link between sectoral governance (in terms of regulation specific to competition policy) and the governmental shadow of hierarchy shifted to an increasing extent to judicial review by European courts. Alongside this shift, the character of judicial review has changed in the direction of judicial control, as European courts no longer restrict themselves to review of the legality of Commission actions, but also engage in assessing the facts themselves.
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    Scopus© Citations 29
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    How Private Governance Arrangements May Produce Binding Outcomes
    (HeinOnline, 2005-10-01)
    Contrary to dominant approaches to the legalization of international relations that concentrate on state made law and, by that, either ignore the role of private actors or relegate regulatory contributions of non-state actors to the margins, the article starts out with the hypothesis that private regulatory contributions can be equipped with the most important attributes generally preserved to the hard law of states. With its interest in how private legalities may achieve "hard" features, the article describes and analyses the preconditions and the operation of a private regulatory scheme that has achieved binding character at a transnational scale. The considerations are illustrated by the way in which conflicts between internet domain names and trademarks are settled. This relatively recent conflict has its origin in the creation of a new property rights system with an international reach that conflicts with established trademark regulations of nation states. In this particular case, hierarchy and technical code can be identified as the mechanisms that harden private regulation.
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