Adjudicatory Authority in Practice

Mareike Kleine

in Informal Governance in the European Union

Published by Cornell University Press

Published in print September 2013 | ISBN: 9780801452116
Published online August 2016 | e-ISBN: 9780801469404
Adjudicatory Authority in Practice

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This chapter demonstrates how the presidency allows the member states to discriminate in practice between legitimate and exaggerated demands for flexibility. The case of the Working Time Directive exhibits the need to determine the boundaries between formal rules and informal governance in the event of ambiguous demands for accommodation. The members delegate the authority to adjudicate on ambiguous demands to a government that is biased against the claimant. In the context of the EU, the chapter considers the presidency's authority in adjudicating demands for accommodation, particularly, its ability to demand deference from other governments, not to assert national interests. Without the office of the Council presidency, the member states would likely adopt the wrong level of informal governance.

Keywords: Council presidency; member states; EU; flexibility demands; Working Time Directive; informal governance; formal rules

Chapter.  4375 words. 

Subjects: European Union

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