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The Open Method of Coordination in the New Member States—the Perspectives for its Use as a Tool of Soft Law
Author(s) -
Rosa Stéphane de la
Publication year - 2005
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/j.1468-0386.2005.00279.x
Subject(s) - openness to experience , flexibility (engineering) , treaty , soft law , order (exchange) , consistency (knowledge bases) , law and economics , set (abstract data type) , member states , presentation (obstetrics) , political science , law , sociology , computer science , business , international law , psychology , economics , artificial intelligence , management , social psychology , international trade , european union , medicine , finance , radiology , programming language
The open method of coordination (OMC) has introduced a shift with the traditional legal instruments set up by the Treaty. Its introduction was initially supposed to favour more ‘flexibility’ and ‘openness’ in the community legal order. After a presentation of the OMC, this article intends to provide an assessment of the OMC's implementation in the ten new Member States. It displays that the OMC is sometimes far from his initial purposes, and in consequence needs to a certain extend, to adapt some of the guidelines and to clarify its legal bases. It concludes with a critical appraisal of the use of the OMC as itself, which should be imbricated in the community.