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Title: Good governance and legitimacy in the EU : the role of Article 226 EC
Author: Smith, Melanie
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2007
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Article 226 is traditionally analysed as an intergovernmental forum of negotiation between the Commission and Member States, and as such there is no comprehensive discussion of the tensions that lie at the centre of the Article 226 infringement mechanism in the current political climate of constitutionalisation of the European Union. It is no longer meaningful to discuss the operation of the process presupposing it fulfils just one function within the European polity. The role of Article 226 can only be understood if it is scrutinised in the context of the current developments pertaining to the evolution of the EU as a polity and a legal order. This study characterises Article 226 not simply as a single faceted legal provision, but as a unique space of interaction for a multitude of actors. As the main actor, the European Commission designs, manages and controls the enforcement mechanism. The conflicting roles and divergent priorities of the Commission in relation to its role as ‘guardian of the Treaties’ undermine the overriding commitment to promoting good governance as a means of increasing legitimacy in the EU. However the infringement process not only concerns the commission, but also other actors (such as the Courts, the Parliament, the Ombudsman and complainants). This thesis considers to what extent these actors have significantly altered the role of Article 226. Competing ideals of legitimacy, fairness and transparency need to be balanced against numerous other concerns such as effective enforcement, uniform integration, and efficient management of policy; such tensions are only set to intensify and must be given appropriate weight if the enforcement process is to retain any credibility in the European Union.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available