Soft Law in European Community Law : Soft Law in European Community Law

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Acknowledgements

Table of Contents

Table of Cases

Table of Soft Law Acts

Abbreviations

Part I: Lawmaking in EC Law

1. Setting the Scene

1.1 INTRODUCTION

1.2 THE CONTEXT OF EC LEGISLATION

1.3 CORE CHARACTERISTICS OF THE EC LEGISLATIVE PROCESS

1.4 THE CRISIS IN EC LEGISLATION

1.5 THE CHALLENGE: ENHANCING THE EFFECTIVENESS, LEGITIMACY AND TRANSPARENCY OF COMMUNITY ACTION

1.6 MEETING THE CHALLENGE: A NEW LEGISLATIVE POLICY

1.7 COMMUNITY SOFT LAW: AN ALTERNATIVE TO LEGISLATION? 2. Sources of EC Law and EC Legislation

2.1 INTRODUCTION

2.2 CLASSIFICATION INTO PRIMARY, SECONDARY AND TERTIARY SOURCES OF LAW

2.3 PRIMARY SOURCES

2.4 SECONDARY SOURCES

2.5 TERTIARY SOURCES

2.6 'IN-BETWEEN' SOURCES

2.7 CONCLUSIONS

3. Guiding Principles for Legislation

3.1 INTRODUCTION

3.2 A BROAD CONCEPTION OF LEGITIMACY: DEMOCRACY AND RULE OF LAW

3.3 DEMOCRATIC LEGITIMACY REQUIREMENT

3.4 RULE OF LAW REQUIREMENT: THE PRINCIPLE OF CONFERRED POWERS

3.5 RULE OF LAW REQUIREMENT: THE PRINCIPLE OF SUBSIDIARITY

3.6 RULE OF LAW REQUIREMENT: GOOD GOVERNANCE. 3.7 CONCLUSIONS

Part II: Community Soft Law Instruments

4. Introduction to the Concept of Soft Law in EC Law

4.1 INTRODUCTION

4.2 TERMINOLOGY

4.3 A DEFINITION OF SOFT LAW

4.4 HETEROGENEITY OF THE PHENOMENON OF SOFT LAW

4.5 PREREQUISITES FOR SOFT LAW TO FUNCTION AS AN ALTERNATIVE TO LEGISLATION

4.6 A FUNCTIONAL CLASSIFICATION OF SOFT LAW INSTRUMENTS

4.7 APPROACH AND DELIMITATION

5. Categories and Functions of Soft Law

5.1 INTRODUCTION

5.2 PREPARATORY AND INFORMATIVE INSTRUMENTS

5.3 INTERPRETATIVE AND DECISIONAL INSTRUMENTS

5.4 FORMAL STEERING INSTRUMENTS. 5.5 NON-FORMAL STEERING INSTRUMENTS

5.6 CONCLUSIONS

Part III: Legal Issues of Community Soft Law

6. Legally Binding Force

6.1 INTRODUCTION

6.2 THE UMBRELLA CONCEPT OF 'LEGAL EFFECT'

6.3 A GENERAL PRECONDITION: NO DEROGATION FROM HARD LAW

6.4 'INHERENT' LEGALLY BINDING FORCE

6.5 'INCIDENTAL' LEGALLY BINDING FORCE ON THE BASIS OF SUBSTANCE (I)

6.6 'INCIDENTAL' LEGALLY BINDING FORCE ON THE BASIS OF AGREEMENT (II)

6.7 AN ASSESSMENT OF THE COURT'S APPROACH

6.8 CONCLUSIONS

7. The Competence to Adopt Soft Law

7.1 INTRODUCTION. 7.2 THE RELEVANCE OF THE QUESTION OF COMPETENCE

7.3 THE APPLICABILITY OF THE PRINCIPLE OF CONFERRED POWERS

7.4 CONCLUSIONS

8. Indirect Legal Effects for the Legislature

8.1 INTRODUCTION

8.2 IMPLEMENTATION ISSUES OF COMMUNITY SOFT LAW FOR THE LEGISLATURE

8.3 'TRANSPOSITION' OF SOFT LAW BY THE COMMUNITY LEGISLATURE

8.4 COMPLIANCE WITH SOFT LAW BY THE COMMUNITY LEGISLATURE

8.5 TRANSPOSITION OF AND COMPLIANCE WITH SOFT LAW BY THE NATIONAL LEGISLATURE

8.6 CONCLUSIONS

9. Indirect Legal Effects for the Judiciary

9.1 INTRODUCTION