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Informal Governance in the European UnionHow Governments Make International Organizations Work$
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Mareike Kleine

Print publication date: 2013

Print ISBN-13: 9780801452116

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801452116.001.0001

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Adjudicatory Authority in Practice

Adjudicatory Authority in Practice

Chapter:
(p.143) 8 Adjudicatory Authority in Practice
Source:
Informal Governance in the European Union
Author(s):

Mareike Kleine

Publisher:
Cornell University Press
DOI:10.7591/cornell/9780801452116.003.0009

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

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