- Title Pages
- Dedication
- Avant-propos
- List of Abbreviations
- List of Contributors
- Table of Cases
- Introductory Remarks
- 1 The <i>Acquis</i> and Its Principles
- 2 On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3 Pluralism and Systemic Defiance in the EU
- 4 Infringement Proceedings
- 5 Making effective use of Article 260 TFEU
- 6 Preliminary References as a Means for Enforcing EU Law
- 7 <i>Francovich</i> Enforcement Analysed and Illustrated by German (and English) Law
- 8 The Bite, the Bark, and the Howl
- 9 Compliance and Enforcement in Economic Policy Coordination in EMU
- 10 Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11 Soft Law and the Enforcement of EU Law
- 12 Protecting EU values
- 13 A Democracy Commission of One’s Own, or What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14 Application of the EU CFR by National Courts in Purely Domestic Cases
- 15 Enforcement of Federal Law against the German <i>Länder</i>
- 16 The Enforcement of Federal Law in the Belgian Federal State
- 17 Regional Defiance and Enforcement of Federal Law in Spain
- 18 Enforcement of National Law against Subnational Units in the US
- 19 The Enforcement of ECtHR Judgments
- 20 Enforcing WTO Law
- 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
- 22 Securing Compliance with Democracy Requirements in Regional Organizations
- 23 Defiance by a Constitutional Court—Germany
- 24 Defiance for European Influence—the Empty Chair and France
- 25 Questioning the Basic Values—Austria and Jörg Haider
- 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
- 27 Weak Members and the Enforcement of EU Law
- 28 Inside but Out? The UK and the EU
- Index
Soft Law and the Enforcement of EU Law
Soft Law and the Enforcement of EU Law
- Chapter:
- (p.200) 11 Soft Law and the Enforcement of EU Law
- Source:
- The Enforcement of EU Law and Values
- Author(s):
Oana Ştefan
- Publisher:
- Oxford University Press
This chapter presents several challenges raised by the process of enforcement of European soft law. It briefly reviews various strategies to determine what enforcement could mean in a soft law context. The chapter looks at a series of examples which demonstrate how soft law is enforced through flexible, but also more coercive means, before concluding that ensuring the enforcement of soft law is done through hybrid methods which only reflect the hybridity of regulation in Europe. The chapter in addition shows how hybridity of regulation is reflected in the hybridity of enforcement mechanisms, with soft law itself becoming an enforcement tool for higher, binding norms, or values. Finally, this chapter reflects on whether, in the coercive enforcement of soft law, fundamental Rule of Law values are still preserved.
Keywords: soft law, hybridity of regulation, hybridity of enforcement mechanisms, coercive enforcement, Rule of Law, European soft law
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- Title Pages
- Dedication
- Avant-propos
- List of Abbreviations
- List of Contributors
- Table of Cases
- Introductory Remarks
- 1 The <i>Acquis</i> and Its Principles
- 2 On the Legal Enforcement of Values. The Importance of the Institutional Context
- 3 Pluralism and Systemic Defiance in the EU
- 4 Infringement Proceedings
- 5 Making effective use of Article 260 TFEU
- 6 Preliminary References as a Means for Enforcing EU Law
- 7 <i>Francovich</i> Enforcement Analysed and Illustrated by German (and English) Law
- 8 The Bite, the Bark, and the Howl
- 9 Compliance and Enforcement in Economic Policy Coordination in EMU
- 10 Rule of Law Values in the Decentralized Public Enforcement of EU Competition Law
- 11 Soft Law and the Enforcement of EU Law
- 12 Protecting EU values
- 13 A Democracy Commission of One’s Own, or What it would take for the EU to safeguard Liberal Democracy in its Member States
- 14 Application of the EU CFR by National Courts in Purely Domestic Cases
- 15 Enforcement of Federal Law against the German <i>Länder</i>
- 16 The Enforcement of Federal Law in the Belgian Federal State
- 17 Regional Defiance and Enforcement of Federal Law in Spain
- 18 Enforcement of National Law against Subnational Units in the US
- 19 The Enforcement of ECtHR Judgments
- 20 Enforcing WTO Law
- 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
- 22 Securing Compliance with Democracy Requirements in Regional Organizations
- 23 Defiance by a Constitutional Court—Germany
- 24 Defiance for European Influence—the Empty Chair and France
- 25 Questioning the Basic Values—Austria and Jörg Haider
- 26 Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them
- 27 Weak Members and the Enforcement of EU Law
- 28 Inside but Out? The UK and the EU
- Index
