|Sub-Task Force led by Grainne de Burca
The general aim of this team was to provide an analysis for the NEWGOV project as a whole of the implications for law and legal and constitutional values of the development of new modes of governance in the EU and to explain the relevance of law and legal institutions for the operation of these new modes.
The move to new forms of governance presents serious issues for EU law and for theories of the role of law in European integration. New governance involves greater tolerance of diversity, less use of binding norms, and greater participation of actors other than those that are responsible for the Community Method and whose role is stipulated in the treaties. New governance mechanisms may by-pass the Parliament and the ECJ, assign a more limited role to the Commission, involve actors from the private sector and sub-national entities, and rely heavily on technocratic networks.
For these reasons new governance presents a challenge to EU law. EU lawyers must understand the rationale for, and operation of, a whole new set of mechanisms, instruments, and processes that may affect or even supersede the mechanisms they are used to. They must learn how to assess these new developments in light of the basic principles that govern EU law. They must look for ways to ensure that the law supports new governance when that is necessary and desirable. They must determine how best to integrate these new developments into overall processes to ensure that the EU can benefit from the functional capacities of 'old' and new governance. And they must learn how to make the transition from old to new or from old to hybrid configurations of new governance and traditional legal methods. Working with other clusters and projects, the legal issues task force addressed all these questions.