Päivi Leino-Sandberg – författare

The European Union now finds itself in a liminal space-a 'constitutional borderlands'-between its traditional role as a prodigious producer of regulatory norms and a nascent, yet incomplete, role that seeks to develop fiscal capacities to achieve its goals. The NextGenerationEU (NGEU) programme adopted in the wake of Covid is at the heart of this shift. It defined a new model of non-transparent, executive-technocratic governance that was then repurposed to address the many challenges of the Russian war on Ukraine as well as other pressing needs.This book provides the first comprehensive analysis of the design, implementation, and evolution of the NGEU model from its inception to today. It subjects the model's hidden mechanics to a critical examination, exposing the pivotal role of EU institutional legal advisers, operating behind closed doors, in facilitating revolutionary reinterpretations of the Treaties that effectively bypassed the democratic process to transform the nature of European governance. It shows that the advent of the NGEU model has had profound distributive and democratic consequences, shifting power toward executive and subordinate technocratic actors while sidelining parliamentary oversight and the involvement of other stakeholders. At the same time, the NGEU model created misaligned incentives, often prioritizing national spending envelopes over the production of genuine European public goods. These 'emergency' measures are fast becoming the new normal. The core innovations of the NGEU model-national planning, performance-based financing, and enhanced Commission discretion-form core elements of the Commission's proposals for the next Multiannual Financial Framework (2028-2034). This book warns that without a return to open democratic politics and constitutional deliberation, the EU's navigation of the borderlands in which it currently finds itself risks eroding legitimacy and creating a fragile system unable to meet future challenges.

This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.

This book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.

Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU’s multilayered and polycentric constitutional structure through this lens.The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. Drawing on expertise from across these sectors, with a strong conceptual thread linking all the contributions, this important work illustrates how different branches of government co-determine each others’ powers.