The Open Method of Coordination: A New Supranational Form of Governance?

The open method of coordination (OMC) has emerged as a new policy instrument in the European context. While it was initially confined to the employment field, it has recently been applied to several other areas. The aim of this article is to provide a reconstruction of the OMC. The focus is in particular on the structure and process of the OMC, but also on the new approach to law that it proposes. The OMC differs from traditional EC methods but also from traditional soft-law mechanisms. In order to highlight those original features, the paper analyses the key steps in the evolution of a strategy, the European employment strategy, which slowly became a new mode of governance.     

The birth,life, and death of policy instruments: 35 years of EU gender equality policy programmes

Policy instruments research is an essential part of studying European Union governance. A growing interest in processes of (de-)legalisation and patterns of instrument choice requires a more process- and context-oriented analysis of the EU’s instrument selection. Using a political sociology approach, the article analyses patterns of instrument choice in soft law policy programmes, by examining the life cycle of EU gender equality policy programmes from 1982 to the present day. Gender equality policy programmes offer an in-depth understanding of how the Commission upgrades and downgrades policy instruments. The analysis indicates that patterns of policy instrument choice are not necessarily inflexible once a policy instrument is selected. Instead, patterns vary while the instrument is (de-)legalised. Investigating gender equality policy programmes provides explanations for the shifts in the use of legislative instruments and their limitations.     

Competing for the Highly Skilled Migrants: Implications for the EU Common Approach on Temporary Economic Migration

Abstract:  Globalisation has increased the mobility of people while rapid development of the knowledge economy places human capital at the centre of economic progress. Both result in competition for highly skilled labour among states, particularly the more-developed states. The EU has a particular role in this global competition for the highly skilled. It is faced with the ageing of its population. Furthermore, the quest to revitalise the EU's economy by implementing the ambitious Lisbon Strategy requires an additional 700,000 research positions. Lastly, the EU is trying to design a common European policy for economic migration, starting with the Green Paper in 2005. This article aims to contribute to a common policy design in the area of highly skilled temporary migration. It compares the UK and German schemes for highly skilled immigrants (the only two in the EU) with the successful US scheme, still seen as the benchmark for the EU. The findings are twofold. First, there is a set of obligatory characteristics that should be introduced to the schemes to make them more attractive. Second, as the programmes are not the only factors that determine the attractiveness of a respective country, the article argues that an EU common policy for highly skilled migrants would make the EU area more attractive as a whole and therefore increase its competitiveness in the global economy.     

The implementation of the EU Transparency Obligations Directive--a country-by-country analysis

Dr Axel Gehringer Hengeler Mueller Stefano Cuccia Head of Market Supervision, TLX, Milan David Byers McCann FitzGerald, Solicitors, Dublin Henri Wagner and Anne-Marie Thomas Allen & Overy, Luxembourg Petra Zijp and Matthieu van Straaten NautaDutilh NV, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.

Atypical injury pattern of a pedestrian run over by an unimog in the epigastric region

Strongly intoxicated, a 37-year-old man fell in front of the right back wheel of an emergency vehicle (MB Unimog) and was run over according to eye witnesses. He died in hospital shortly afterwards. The autopsy revealed that he bled to death from a traumatic liver rupture (bursting of the right hepatic lobe and severing of a piece of tissue measuring 17 x 8 x 4 cm). There were no injuries classicaly seen in victims run over by a car. The atypical injury findings in this case are due to the special features of the accident vehicle: The Unimog (an all-wheel vehicle with a fixed rear axle and flat coils) struck the right side of the body lying on the street with its rear wheel and was then lifted over the body by its fixed axle without touching the left side.     

The implementation of the EU Prospectus Directive - a country-by-country analysis

Dr. Axel Gehringer HengelerMueller David Byers McCann FitzGerald, Solicitors, Dublin, Ireland Stefano Cuccia Head of Regulation, TLX, Milan Henri Wagner Allen and Overy, Luxembourg Petra Zijp NautaDutilh, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.