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Regulating Services in the European Union$
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Vassilis Hatzopoulos

Print publication date: 2012

Print ISBN-13: 9780199572663

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199572663.001.0001

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Old v. New Governance in Services: an Outlook

Old v. New Governance in Services: an Outlook

Chapter:
(p.332) 9 Old v. New Governance in Services: an Outlook
Source:
Regulating Services in the European Union
Author(s):

Vassilis Hatzopoulos

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199572663.003.0009

The regulation of services can be viewed in a new light, given the recent developments of ‘new governance’ and ‘better regulation’ in the EU. New governance is a broader concept than better regulation, since it also encompasses non-regulatory means of pursuing policy objectives, but both are interconnected. This chapter presents with some speculative thoughts on the way ‘new governance’ could be effectively used in order to promote trade in services. One of the most tangible effects that ‘new governance’ and ‘better regulation’ have had in the field of services, has been the injection into — or, the emasculation of — the Classic Community Method with instruments aimed at the realization of new governance objectives. Contrary to the general assumption, new governance does not necessarily translate into soft law, but may alternatively have the effect of rendering the law ‘softer’, by making it more flexible and evolutive, and by entrusting its application to open-ended processes.

Keywords:   new governance, EU regulation, services regulation, trade, Classic Community Method, soft law

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