The macroeconomic imbalance procedure as European integration: a legalisation perspective

The Macroeconomic Imbalance Procedure seeks to prevent and correct destabilising economic imbalances in the European Union. Scholars are divided as to whether this instrument of economic policy coordination relies on the same intergovernmental modes of decision-making as the Broad Economic Policy Guidelines or reflects supranational institutions more significant role in EU economic policy following the euro crisis. Such diametrically opposed interpretations are symptomatic of longstanding concerns over the lack of a clear-cut definition of European integration. To address these definitional difficulties, this paper turns to the concept of legalisation. Taking account of the design and early implementation of the Macroeconomic Imbalance Procedure and using the Broad Economic Policy Guidelines as a point of comparison, it shows that the former can be understood as a modest but clear-cut increase in legalisation compared to the latter. On this basis, it considers whether legalisation, in spite of its own conceptual limitations, can contribute to a more rigorous definition of European integration

International Courts’ de facto Authority and its Justification

This chapter argues that the framework chapter’s understanding of de facto authority above all fits the relationship between international courts (ICs) and the parties to a case. Questions arise when it comes to intermediate and extensive audiences. The way in which ICs exercise authority beyond any concrete dispute is, above all, due to the sway they hold over the legal discourse—their semantic authority. ICs have the capacity to establish content-laden reference points for legal discourse that other actors can hardly escape. The chapter also claims that the distinction of authority from persuasion should be maintained as a constitutive feature of both concepts. This is not only in line with a strong tradition of the authority concept, but also clarifies the legitimacy challenge

The spell of precedents: lawmaking by international courts and tribunals

This chapter examines the contribution of international adjudicative bodies to lawmaking. It first discusses how the practice of interpretation generates legal normativity. It considers the working of judicial precedents, whose normative force is carried by the expectation of participants in the legal discourse. It then turns to judicial lawmaking in specific fields of international law. The article concludes by looking into the legitimacy of international judicial lawmaking

The Use of Haematopoietic Stem Cell Transplantation in Fanconi anaemia Patients: A Survey of Decision Making Among Families in the US and Canada

Background: Fanconi anaemia (FA) is a rare genetic disorder associated with bone marrow failure (BMF), congenital anomalies and cancer susceptibility. Stem cell transplantation (SCT) offers a potential cure for BMF or leukaemia, but incurs substantial risks. Little is known about factors influencing SCT decision making. Objective: The study objective was to explore factors influencing patients\u27 with FA and family members\u27 decision making about SCT. Design: Using a mixed-methods exploratory design, we surveyed US and Canadian patients with FA and family members who were offered SCT. Main variables studied: Closed-ended survey items measured respondents\u27 beliefs about the necessity, risks and concerns regarding SCT; multivariable logistic regression was used to examine the association between these factors and the decision to undergo SCT. Open-ended survey items measured respondents\u27 perceptions of factors important to the SCT decision; qualitative analysis was used to identify emergent themes. Results: The decision to undergo SCT was significantly associated with greater perceived necessity (OR = 2.81, P = 0.004) and lower concern about harms of SCT (OR = 0.31, P = 0.03). Qualitative analysis revealed a perceived lack of choice among respondents regarding the use of SCT, which was related to physician influence and respondent concerns about patients\u27 quality of life. Conclusions: Overall, study results emphasize the importance of the delicate interplay between provider recommendation of a medical procedure and patient/parental perceptions and decision making. Findings can help providers understand the need to acknowledge family members\u27 perceptions of SCT decision making and offer a comprehensive discussion of the necessity, risks, benefits and potential outcomes

On Enforcement, Management and Persuasion: Different Logics of Implementation Policy in the EU and the ILO

This article helps to understand the effectiveness of EU legislation through analysing implementation policies and how they contribute to ensure Member State compliance. Comparing the EU and the ILO it provides new empirical data on instruments used to change Member State behaviour and presents conceptual tools to assess them along the lines of enforcement, management and persuasion. Copyright (c) 2007 The Author(s); Journal compilation (c) 2007 Blackwell Publishing Ltd.