The Character of EU Law and Governance: From ‘Community Method’ to New Modes of Governance

Current Legal Problems, Vol. 64, No. 1, pp. 179-214, 2011

Queen Mary School of Law Legal Studies Research Paper No. 118/2012

48 Pages Posted: 27 May 2012

Date Written: May 27, 2012

Abstract

The changing design of EU governance is often characterized as marking a departure from the ‘Community Method’ of governance and an arrival at a destination of ‘new modes of governance’. Nonetheless, scholars disagree as to the nature and scale of the governance changes taking place: whether they are minor deviations from a world of ‘hierarchy’ or whether they represent an emerging ‘experimentalist’ governance architecture. Moreover, changes in governance are not easily accommodated within legal discourse. For some, new modes of governance are a distraction from a more pervasive ‘legalism’. For others, differentiation in governance can be mapped on a scale of ‘legalization’. Yet, new modes of governance may be more challenging for law, either because they signify ‘de-legalization’ or a ‘transformation’ of law and governance. In exploring these different characterizations of EU law and governance the essay argues that what is emerging is a rich and complex mix of governance patterns and styles that poses challenges for law of greater or lesser extents. The yoking of different governance tools in a range of institutional designs results in more or less successful attempts to make the functional demands of governance meet the rival functional demands of law.

Suggested Citation

Armstrong, Kenneth, The Character of EU Law and Governance: From ‘Community Method’ to New Modes of Governance (May 27, 2012). Current Legal Problems, Vol. 64, No. 1, pp. 179-214, 2011, Queen Mary School of Law Legal Studies Research Paper No. 118/2012, Available at SSRN: https://ssrn.com/abstract=2067317

Kenneth Armstrong (Contact Author)

Centre for European Legal Studies ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

HOME PAGE: http://www.cels.law.cam.ac.uk/

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