R. Daniel Kelemen

Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.

The Transformation of Law and Regulation in the European Union

Eurolegalism

Keith E. Whittington

Gregory A. Caldeira

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

The Oxford Handbook of Law and Politics

Associate Professor of Political Science and Director of Center for European Studies R Daniel Kelemen

This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes.

Institutions and Regulatory Politics in the EU and Beyond

The Rules of Federalism

R. Daniel. KELEMEN

This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School

institutions and regulatory politics in the EU and beyond

What can American policymakers learn from the experiences of European democracies? While we can look to our own history and to the ideas emanating from our own public sphere, by looking abroad we can also learn lessons from European policies – from both those that have proven successful and those that have failed. The contributors in this volume examine the ways our European allies have dealt with issues such as rising healthcare and pension costs, large-scale immigration, childcare and work-life balance, and climate change, and ask whether such policies might prove effective in the U.S. context. Brief and engaging, R. Daniel Kelemen’s Lessons from Europe? What Americans Can Learn from European Public Policies is an ideal supplement for comparative public policy courses and would add a provocative comparative component to U.S. public policy courses.

What Americans Can Learn from European Public Policies

Lessons from Europe?

Susanne K. Schmidt

The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.

R. Daniel Kelemen

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