Introduction : the crisis-induced development of EU rule-making
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Diane FROMAGE, Adrienne HERITIER and Paul WEISMANN (eds), EU regulatory responses to crises : adaptation or transformation?, New York : Oxford University Press, 2025, pp. 1-7
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FROMAGE, Diane, HERITIER, Adrienne, WEISMANN, Paul, Introduction : the crisis-induced development of EU rule-making, in Diane FROMAGE, Adrienne HERITIER and Paul WEISMANN (eds), EU regulatory responses to crises : adaptation or transformation?, New York : Oxford University Press, 2025, pp. 1-7 - https://hdl.handle.net/1814/92691
Abstract
After defining the essential terminology underlying this book (crisis, regulatory responses, rule-making), this chapter maps out the relevance of the Treaties for fundamental reforms at EU level and points at the potential, but also the limits, of the so-called flexibility clause (Article 352 TFEU). It addresses a number of crises which have hit the EU since the entry into force of the Treaty of Lisbon, thereby focusing on exogenous crises. Given that, since then, another Treaty revision has become politically unlikely, the question is posed whether the EU’s regulatory responses to various crises, essentially taken by means of secondary law, are still in compliance with primary law. Where the EU’s competence to act is contested, but the stakeholders’ will to act is strong, this may result in a broad interpretation of primary law provisions, the creative combination of legal bases in primary law, or the use of non-binding EU rules (‘soft law’). Against the backdrop of this adaptation—or even transformation—on the basis of secondary law, the chapter sets out the research questions underlying this book.
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Published online: 06 January 2025