From initially defining new governance processes as external to 'traditional' forms of EU law, a number of academic scholars have begun to argue that methods like the OMC can be seen as indicative of a broader 'transformation' of European law-making. The transformation thesis relies on seeing...

Since the mid 1990s, European governance has evolved substantially, particularly in thedirection of fewer constraints: flexibility, coordination, peer monitoring, and soft law havebecome fashionable themes. The literature on new modes of governance (or NMGs) hasflourished alongside these...

Tackling pensions' problems means engaging with what Pierson (2001) has called 'immovable objects'. Additionally, the EU competence for drafting specific legislation in this area remains unfulfilled potential, while EU legislation in other policy areas creates indirect pressures on national...

As the European Union (EU) has strengthened, scholars have emphasized the development of multilevel governance structures and the salience of subnational actors. With the launch of the Open Method of Coordination and the increasing development of non-binding regulations, we must re-consider the...

This introduction provides a brief overview of the existing OMC literature with regard to the introduction of the OMC, its theoretical conceptualisation of effectiveness and legitimacy and related empirical findings. The main part of the introduction, however, focuses on chosen shortcomings of...

Abstract: This paper develops a conceptual framework for the analysis of hard and soft law that is drawn in part from recent work in the field of international relations. We examine the literature on the role of soft law, noting that scholars have approached this phenomenon in very different...

From the perspective of the concept of legalization, the European Union (EU) and the International Labour Organization (ILO) both have a high degree of implementation powers delegated to them by the Member States. Beyond this categorization there are substantial differences in how they use the...

This paper engages in the discussion about the meaning of the open method of coordination (OMC) for the development of the European Social Model (ESM). It argues that, from a legal perspective, the OMC is a positive development rather than a threat for the ESM. To support this argument, the...

The aim of this paper is to understand how decision making processes within the EU comes to affect the structures for national policy making within the employment field. The paper addresses the question of how the process of writing new employment guidelines for the EES – European employment...

This paper is about the difficult relationship between law and governance in the European Union. The turn to governance which the Prodi Commission has forcefully propagated is a continuation of much older developments. By means of these developments the European Community (now Union) has sought...