Hart Publishing Between Governing and Governance: On the Emergence, Function and Form of Europe's Post-National Constellation: 4 (Hart Monographs in Transnational and International Law)

This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalisation process: comitology, (regulatory) agencies and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalisation rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background it is suggested that the distinction between governing and governance provides a more appropriate basis for analysing the phenomenon of integration and constitutionalisation in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterised by legal and organisational hierarchy, and a governance dimension which operates within a network form characterised by legal and organisational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science and sociology. Review "Kjaer's book is to be commended for the systematic and original way in which it challenges existing orthodoxies in the study of the EU. The ambition to identify a theoretical core of the 'governance' concept is a much needed addition to the field. Likewise, the discussion of the existing approaches of deliberative supranationalism, the regulatory state and the DDP literature is illuminating. The strength of this book lies in provoking debate on the way in which the EU has been studied until now and in suggesting what insights could be gained through a theoretical synthesis of the existing empirical knowledge on governance in the EU." --European Law Journal, Volume 19, No.1 " Between Governing and Governance is a very much welcomed contribution to the legal and political literature on European integration. It is an important book because it throws light on what has unfortunately remained a blind spot in mainstream constitutional theories of the European Union: comitology, agencies and the various open methods of coordination. Kjaer rightly emphasizes the importance of governance structures in the constitution of the European Union and makes a well-articulated case in support of the reform of their constitutional framework. Even the reader who finds the systematic approach problematic will find much to reflect upon in this volume." -- European Public Law, Volume 18, Issue 3 "...a provocative contribution to contemporary theoretical debates on evolving forms of governance within the European Union. One useful feature of the book is that it provides a comprehensive overview of important recent debates on the EU that have largely been conducted in the German language." -- EUIJ-Kyushu Review (The Online Journal of the European Union Institute of Kyushu, Japan) "... Kjaer's work shows an awareness of the concurrent role and weight of political, sociological and legal approaches in the study of the EU's development. This brings methodological sensitivity and a greater appreciation of the intricacies of European integration. This book is an account of the ways in which the radicalized functional differentiation of late modernity shapes the (governance) structures of the EU, and provides European integration with a powerful engine. It is also an