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Soft law is a term applied to rules of conduct which have practical and legal effects, but no legal binding force. Whilst EU institutions have increasingly adopted soft law in recent years and national administrations frequently use such instruments, little is known about the role of EU soft law in courts, especially at national level.
Drawing on evidence from France and Germany and from multiple policy areas, this book provides a systematic, comparative and longitudinal analysis of the judicial use of soft law in national courts. It compares the use of soft law over time and between countries, revealing significant effects on law, policies, and European administrations. These findings have important repercussions for the democratic legitimacy of EU policymaking.
The book will appeal to all those interested in European administrative governance, political science, and law.
List of contents
1. Introduction: The Judicial Use of Soft Law.- 2. The Analytical Framework: Understanding Soft Law and National Courts.- 3. The Empirical Approach: Soft Law in Germany and France.- 4. How Courts Use Soft Law: Differences Across Countries and Policy Areas.- 5. Why Courts Use Soft Law: Evidence from Judgments and Survey Data.- 6. Tracing Mechanisms and Wider Effects: Four Case Studies.- 7. Conclusion: Not So Soft Law.
About the author
Adam Eick is Postdoctoral Researcher at Ludwig-Maximilians-Universität of Munich (LMU), Germany.
Summary
Soft law is a term applied to rules of conduct which have practical and legal effects, but no legal binding force. Whilst EU institutions have increasingly adopted soft law in recent years and national administrations frequently use such instruments, little is known about the role of EU soft law in courts, especially at national level.
Drawing on evidence from France and Germany and from multiple policy areas, this book provides a systematic, comparative and longitudinal analysis of the judicial use of soft law in national courts. It compares the use of soft law over time and between countries, revealing significant effects on law, policies, and European administrations. These findings have important repercussions for the democratic legitimacy of EU policymaking.
The book will appeal to all those interested in European administrative governance, political science, and law.
