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The Hybridity of Legal Regulation in the European Union

Publication Info

Added 2016-09-21
Co-publisher's ISBN-13: 978-961-6399-75-3
Date of first publication: 2016

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The Hybridity of Legal Regulation in the European Union

Verena Rošic Feguš, Ph. D.

Normative environment of the EU has become a dynamic regulatory framework where legal acts of diverse normative nature are gaining importance and classical method of legislation despite remaining central is no longer exclusive for legal regulation. Due to shadow of hierarchy offered to soft law, when the »request« of soft law is unsuccessful, »voluntary must« and creative law-creation are formed: in specific circumstances soft law inter alia uses means of execution identical to means of execution of hard law; at the end the softness of law is therefore irrelevant. After empirical research of three legal fields the book offers conclusions on hybridity of legal regulation in the EU, where coexistence of soft and hard law creates hybrid legal fields, on which soft law is variable preconditioned by political conflict and contingent on distinctive criteria of EU's competence, as well as it proposes establishment of minimal procedural standards to ensure democratic legitimation.

About the Author: Verena Rošic Feguš, Ph. D.

Okrožno sodišče v Mariboru, Sodna ulica 14, 2000 Maribor, Slovenija

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  • Rosic Fegus_eKnjiga_15.9.2016
Open Monograph Press Public Knowledge Project

University of Maribor, Maribor University Press