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SSRN Electronic Journal
Article . 2011 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.4337/978085...
Part of book or chapter of book . 2011 . Peer-reviewed
Data sources: Crossref
https://dx.doi.org/10.5451/uni...
Other literature type . 2011
Data sources: Datacite
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Soft Law as a New Mode of Governance

Authors: Peters, Anne;

Soft Law as a New Mode of Governance

Abstract

The paper analyses soft law as a mode of EU governance. European soft law can be qualified as a relatively ‘new’ mode, notably due to its dramatic proliferation and the increasing involvement of private actors. The concept of ‘soft law’ is viable on the premiss that normativity may be graduated (‘the continuum view’). Soft law deploys specific legal effects apart from outright legal bindingness, and not merely political or otherwise factual effects. The legal effects of European soft law flow from the Member States’ general duty to cooperate (Art. 4(2) TEU). The paper then traces the emergence of EU soft law and establishes a typology distinguishing between institutional soft law, member States’ European soft law, and private self- and co-regulation (including technical and financial standard-setting). Next, some factors explaining the emergence of soft law as a new mode of governance are sought, and some undeclared policy goals such as competence creep, and the alleviation of private actors’ lack of formal law-making capacity, are highlighted. The relation between European soft and hard law is analysed in terms of soft law’s ‘pre-law’, ‘law-plus’, and ‘para-law’ functions. Finally, European soft law is evaluated along the parameters of effectiveness and legitimacy; and its overall significance for the European integration process is assessed.

Country
Switzerland
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    selected citations
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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    21
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
21
Top 10%
Top 10%
Average
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