With the issuing of guidance documents the European Commission assists the Member States in the implementation of Union law. This thesis seeks to unravel the process of governance through guidance... Show moreWith the issuing of guidance documents the European Commission assists the Member States in the implementation of Union law. This thesis seeks to unravel the process of governance through guidance by tracing its role and legal implications in the Dutch legal order.The first part explores the use of guidance documents by Dutch authorities and courts. Along the lines of five types of guidance and four perspectives on their binding force, different roles of guidance are discerned. National courts act as counterbalancing or facilitating actors by reinforcing or downplaying the role of guidance documents in implementation processes.The second part assesses the implications in the light of legal principles. To this end, it formulates four ‘promises’, or ideal effects, that outline how the use of guidance documents could contribute to a predictable, consistent and transparent implementation process, whilst respecting the rule of EU hard law. The analysis finds that, in practice, these ‘promises of guidance’ are not always fulfilled: a gap between promise and practice exists.The findings thus show how the issuing and use of guidance risks to challenge the rule of law that is so fundamental to the EU legal order. This thesis therefore invites to rethink governance through guidance. Show less
International law relies heavily on the machinery of the state for therealisation of its aims. Often those aims require further implementation inthe legal orders of states. States, in turn, enjoy a... Show moreInternational law relies heavily on the machinery of the state for therealisation of its aims. Often those aims require further implementation inthe legal orders of states. States, in turn, enjoy a wide margin of freedom inthe choice of means and methods to fulfil their obligations under internationallaw. However, implementation sometimes requires the involvement ofthe state body entrusted with the task of adopting legislation: the nationallegislature. This study explores its role in the implementation of internationallaw at home. It analyses the regulation of national implementing legislationunder international law. Does international law provide for requirements tobe observed by national legislatures involved in the adoption of implementinglegislation? If so, is their application in practice sufficient to ensure thequality of national implementing legislation? Can we improve national andinternational practice in this regard? Show less
This dissertation looks into the role of discretion granted by EU directives in EU legislative decision-making and national transposition processes. It applies a qualitative single country-study,... Show moreThis dissertation looks into the role of discretion granted by EU directives in EU legislative decision-making and national transposition processes. It applies a qualitative single country-study, focusing on the transposition of six directives in the Netherlands, from the policy areas of consumer protection, environment and justice and home affairs (migration). In the theoretical part the concept of discretion is explored, using insights from both the legal and political sciences. The empirical analysis then presents both EU and national processes regarding the six directives, addressed individually as well as in a comparative manner. This study contributes to clarifying the reasons and circumstances regarding the granting of different margins of discretion to Member States and the effects of discretion on EU negotiations and national transposition. It confirms that discretion can have facilitating and impeding effects on transposition, explains why, and identifies other factors affecting transposition by interacting with discretion. Additionally, a more fine-grained approach to measuring discretion is proposed than hitherto. Finally, but addressed separately from the empirical analysis, the link between discretion and legitimacy is elaborated. It is argued that discretion in national transposition processes can be used to enhance the directives’ input, throughput and output legitimacy within national law. Show less
This book is about the politics of nature conservation in late New Order and early Reformasi Indonesia. It approaches the subject through discourse analysis. Understanding politics as a struggle... Show moreThis book is about the politics of nature conservation in late New Order and early Reformasi Indonesia. It approaches the subject through discourse analysis. Understanding politics as a struggle for discourse hegemony it analyses both processes of policy- and lawmaking in Jakarta and of implementation in national parks, and their outcomes, and addresses a number of questions: Which discourses have dominated conservation policies and laws throughout history? How did Ministers, members of Parliament, state officials, NGOs and residents of national parks try to decide debates on conservation in their advantage? Which unwritten rules helped or constrained them in this effort? How did the struggle for discourse hegemony affect policy and law, policy- and lawmaking and implementation? Based on rich empirical case material the book argues that a multitude of discourses have come to co-exist which enabled actors to use arguments strategically, and that various actors have succeeded to mobilise discourses enabling them to participate in the debate without obligations. The results of this study go beyond participating in the debate on what element of sustainable development to focus on but link the policy debate to the debate on governance and rule of law. Show less
