Mutual recognition is generally forgotten in debates about new modes of governance, even though it is a particular powerful example. Its invention was crucial for the completion of the European Union’s single market, and in the late 1990s it was transferred to the field of Justice and Home Affairs. Outside of the EU, mutual recognition is also gaining in importance.
This book discusses mutual recognition in the context of the debate on new modes of governance and analyzes its potential to solve governance problems, focusing on the preconditions it needs for its functioning (e.g. trust of the Member states), the positive implications of achieving coordination through it, as well as its negative side effects (e.g. the danger of a regulatory race to the bottom). Particular focus is on the contentious services directive as a prominent example of using mutual recognition. In addition, contributions look at the application of mutual recognition in the market for goods, in the area of Justice and Home Affairs, in tax policy, and in the World Trade Organization, so that the book achieves a comprehensive assessment of mutual recognition as a new mode of governance.
This book was previously published as special issue of the Journal of European Public Policy.
Table of Contents
Introduction Susanne K. Schmidt. Trusting the Poles? The EU in the Era of Mutual Recognition Kalypso Nicolaïdis. Mutual Recognition in European Goods Markets Jacques Pelkmans. The Services Directive – Grappling with the Limits of Mutual Recognition Kalypso Nicolaïdis and Susanne K. Schmidt. The Services Directive – A Comment on Nicolaïdis/ Schmidt Christian Joerges. Mutual Recognition in Regulation and Taxation Philipp Genschel. Mutual Recognition in the Area of Freedom, Security and Justice. Efficient and legitimate? Sandra Lavenex. Mutual Recognition and Governance at the WTO Joel Trachtman. Conclusion: Mutual Recognition as a New Mode of Governance Adrienne Héritier. Conclusion: Mutual Recognition and the Horizontal Transfer of Sovereignty Miguel Poaires Maduro