Soft Law Making at the European Commission: Not Much of a One-Institution Show

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Abstract

The procedures of soft law making by the European Commission are famously obscure, with researchers arguing more and more that these should be streamlined in the interest of transparency and legitimacy. Yet, little is known about how soft law is actually produced, which might create the impression that the Commission acts mostly alone, circumventing legitimate decision-making ways. The chapter unveils various intra and inter-institutional relationships at play in soft law creation, as well as complex dialogues with Member States and various stakeholders. These suggest that from performing as a ‘one-institution show’, the Commission actively engages with public and private actors when issuing its soft law. A deeper assessment of this engagement will enable more rounded conclusions with regards to the legitimacy of soft law.
Original languageEnglish
Title of host publicationResearch Handbook on Soft Law
EditorsMariolina Eliantonio, Emilia Korkea-aho, Ulrika Morth
PublisherEdward Elgar
Chapter17
Pages253-271
Number of pages19
ISBN (Electronic)9781839101939
ISBN (Print)978 1 83910 192 2
Publication statusPublished - 21 Nov 2023

Keywords

  • soft law
  • European Union (EU)
  • European commission

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