The Politics Of Legal Expertise In Eu Policymaking

The inside story of the daily work of lawyers in the EU institutions and their impact on EU policy making.

This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.

What is the EU for? In light of the current state of European integration, EU law cannot meaningfully be appreciated without understanding the political, social and cultural context within which it operates. This textbook proposes a fresh, accessible and interdisciplinary take on the subject that is suitable for one-semester and introductory courses wishing to engage the reader with the wider context of the EU project. It situates the institutions, legal order and central policy domains of the EU in their context and offer students the tools to critically analyse and reflect on European integration and its consequences. With pedagogical features such as further reading, class questions and essay/exams questions to support learning, this textbook enables students to form their own informed opinion on whether the EU offers an appropriate answer to the many questions that it is asked.

This book examines the position and role of expertise in European policy-making and governance. At a time when the very notion of expertise and expert advice is increasingly losing authority, the book addresses these challenges by empirically examining specific administrative processes and institutional designs in the European Union. The first part of the volume theorizes expertise and its contestation by examining accounts of the legitimate institutional design of knowledge production processes and exploring the theoretical links of Europeanisation and expertise. The second part of the book delves into empirical institutionalist accounts of expertise and maps the role of experts in a variety of EU institutions but also explains the implications when EU bodies themselves are in an 'expert' position, such as agencies. The book offers insights into how individual experts deal with the challenge of producing reports that will be heard by policy-makers, while at the same time preserving their independence. Broadening its scope, the book then expands the analysis to the role of advisory committees in light of the shift from a reliance primarily on in-house expertise to including more external experts in advisory groups in the European Commission and European Parliament as well as at the European External Action. In the third part, the book opens the lens to developments beyond the EU by taking into account two highly pertinent fields: climate change and trade. These fields are highly complex, fast-developing, and politicised issues, and the book engages with them in order to provide an outside-in perspective on expertise. Vigjilenca Abazi is Assistant Professor of EU Law at Faculty of Law, Maastricht University, the Netherlands. Johan Adriaensen is Assistant Professor at the Faculty of Arts and Social Sciences, Maastricht University, the Netherlands. Thomas Christiansen is Professor of Political Science and European Integration in the Political Science Department, Luiss Università Guido Carli, Italy. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.

The Ghostwriters unmasks how lawyers catalyse policy change across borders by encouraging deliberate law-breaking and mobilizing courts against their own governments.

This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.

This is a fully revised edition of a well-established text for students. It offers an invaluable and up-to- date interpretation of the European policy process. Helen Wallace and William Wallace have assembled a team of internationally-renowned authors to present fourteen case studies --ranging from analyses of the CAP and environmental policy, to the politics of Economic and Monetary Union and the new World Trade Organisation. Helen Wallace also provides, in the two opening chapters, an introduction and overview of European politics, policy, and institutions. In concluding thevolume, William Wallace reflects on the future for the EU as it faces calls for ever closer political integration. Policy-Making in the European Union provides the student with a timely and provocative insight into European integration in a period of critical change.