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6 Eur. L.J. 1 (2000)

handle is hein.journals/eurlj6 and id is 1 raw text is: 




European Law Journal, Vol. 6, No. 1, March 2000, pp. 1-3.
() Blackwell Publishers Ltd. 2000, 108 Cowley Road, Oxford OX4 1JK, UK
and 350 Main Street, Malden, MA 02148, USA



                                Editorial


                                Francis  Snyder




The New  Year  and the New Millennium  should be a time of change for the European
Union.  The Intergovernmental Conference, enlargement, and  the difficult but neces-
sary reform of EU institutions loom on the horizon. In the wider society, globalisation,
the deepening of the information society, unemployment, social injustice, increasing
social inequality, and the controversial processes of further economic, social and
political integration represent major challenges, with which EU institutions, national
and regional governments, social groups, and individuals will inevitably have to cope.
This issue of the European Law Journal explores some of these issues; others will be
taken up later during what we hope and expect will be a fruitful, socially engaged and
productive year for the ELJ and its readers.
  The  article by Rawlings takes as its focus the general powers of the European
Commission   to take infringement proceedings against the Member  States. It argues
for - and provides - a fundamental reconsideration of the role and nature of Article
226 EC  (ex Article 169 EC) infringement proceedings. It gives special attention to the
role of citizens and other private actors. It makes very specific practical proposals for
reform  of infringement procedures, the role of the Commission,  and also for the
related role of the European Ombudsman.  But the contribution of the article is much
greater than a reform-oriented analysis of a single administrative procedure, even
though  the latter task is extremely important. This is because, in analysing the
enforcement process, Rawlings expressly sets out to articulate and deploy contrasting
and more  widely applicable theoretical models. The article identifies 'three faces' of
enforcement:  the traditional 6lite model of  regulatory bargaining, a  complaint
procedure involving a range of actors, and technocratic, formalised and routinised
enforcement  of EC  law. These 'three faces' provide an elegant way of contrasting
competing  administrative aims and functions. They also supply criteria for evaluating
the operation of the Commission, as it is and as it could and should be in the future. In
addition, though   focused  here mainly   on  particular institutions and specific
procedures, these theoretical models make  it possible to situate the Commission
(and other institutions) in the broader context of different visions of the EU and of
European  integration. In this way, they not only identify but also illuminate paths for
more  wide-ranging institutional, administrative, and constitutional reform.
  The  article by Britz and Schmidt continues the evaluation of specific institutional
arrangements in the light of more general criteria. It analyses the legislative procedure
established by Article 138s of the Amsterdam Treaty. This novel procedure enables the
social partners, management and  labour, to conclude agreements which then can be
implemented  by  a Council decision. The procedure  is much more  recent than the
Article 226 (ex Article 169)  infringement procedure, and  it involves a different
relationship between  private actors and EC   institutions. However, it is no less

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