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Hard and Soft Law in the European Union – II

Foreign Policy
Migration
Courts
Judicialisation
P033
Sabine Saurugger
Sciences Po Grenoble
Fabien Terpan
Sciences Po Grenoble

Thursday 16:15 - 18:00 (14/06/2018)

Building: 27SG Floor: Third Room: 31

Abstract

This second panel on the interplay between hard law and soft law in the European focuses more specifically on the question of implementation in a multi-level system. While the questions are similar: Why are soft norms chosen instead of hard ones? What are the consequences of using soft norms on public policies and the EU integration process more generally? When and why is soft law transformed into hard law (legalization), and vice versa (delegalization)?, the case studies here will concentrate on a specific moment of policy making under legal constraints, i.e. implementation. This will be analysed from a theoretical perspective, as well as based on policy fields such as migration and external relations. The political salience of migration and external relations in current EU affairs makes the panel particularly timely. Is the EU transforming its legal framework in these areas – opening for differentiation through soft law or is this just business as usual? In a time when EU integration is no longer supported by a permissive consensus and member states are facing different forms of euroscepticism, using soft law instead of hard law might be seen as a compromise solution, enabling (a minimum) implementation of rules while preserving national sovereignty.

Title Details
Soft Law Implementation in the EU Multilevel System View Paper Details
The EU’s Readmission System: Analysing the Interplay of Soft and Hard Law View Paper Details
‘Soft’ International Agreements in EU External Relations View Paper Details
Judicialisation as a Result of Socio-Economic Factors and/or Judicial Dialogue View Paper Details