Workshop on Normative Transformations in the European Union: of Hardening and Softening Law

Dans le cadre du projet T-Norms, Mr Fabien TERPAN et Mme Sabine SAURUGGER organisent un workshop les 18 et 19 octobre 2018 à l'IEP de Grenoble (Amphi D)

Résumé

An increasing tension emerged since the beginning of the 1990s between the traditional leading role of (hard) law in the process of European integration, on the one hand, and the growing use of soft law, on the other. Soft norms have mushroomed in new areas of competence more particularly. In a way, all policy areas at EU level combine soft and hard norms in various proportions. At fist sight, traditional areas working under the Community method comprise a majority of hard law while policy areas that are more respectful of national sovereignties (new modes of governance and intergovernmental cooperation) comprise a majority of soft law. At a time when the permissive consensus is perceived to have been replaced by increasing forms of voiced criticism, using soft law instead of hard law is often seen as a compromise solution both by member states and EU institutions, enabling the development of the integration process while preserving national sovereignty. This challenges the traditional leading role of (hard) law in European integration.
The combination of soft and hard law in the same policy area, known as hybridity, is not necessarily stable, and may evolve in two different ways: soft law may be hardened (legalization) while, on the other hand, hard law may be softened (delegalization). This workshop will seek to understand when, how and why policy areas are legalized or delegalized, at both EU and national level. The analysis of these transformations will be completed through different case studies and different approaches, combining law and politics.

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Programme

Présentations (susceptible de modifications)

Introduction, Sabine Saurugger (Sciences po Grenoble - PACTE), Fabien Terpan (Sciences po Grenoble - CESICE)

Explaining the Transformations of Law: The Cases of Migration, Cybersecurity and Economic Governance,

Sabine Saurugger  (Sciences po Grenoble - PACTE) and Fabien Terpan (Sciences po Grenoble - CESICE)

The Role of the Commission in Soft Energy Governance: Stronger than it Appears? Michèle Knodt (Darmstadt University), Jonas Schönefeld (Darmstadt University), Marc Ringel (Darmstadt University)

‘Soft’ International Agreements in EU External Relations, Ramses Wessel (University of Twente)

Soft-Law implementation by courts and bureaucrats: how relation to hard law and policy maturity matter, Miriam Hartlapp (Frei Universität Berlin), Andreas Hofmann (Frei Universität Berlin)

When soft law matters: understanding changes in EU instruments and domestic contexts, Chloé Bérut (Sciences po Grenoble – PACTE)

Soft law in EU climate law: the case study of the EU ETS Directive, Mariolina Eliantonio (Maastricht University), Marjan Peteers (Maastricht University)

An EU governance mix of rights and advice: the case of gender equality and employment, Sonja Bekker (Tilburg University), Dalila Ghailani (European Social Observatory)

Inscriptions: https://cesiceugagmailcom.typeform.com/to/lTkwNu