Experimental Governance: the Open Method of Coordination
European Law Journal, Vol. 12, No. 4, July 2006, pp. 486–502. ©2006TheAuthor Journal compilation © 2006 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA Experimental Governance: The Open Method of Coordination Erika Szyszczak* Abstract: The open method of coordination (OMC) has increased the competence of the European Union to regulate areas where the traditional Community legislative processes are weak, or where new areas require coordination of Member State policy, either as part of the spillover of the integration project as a result of economic and monetary union, or as a result of the case law of the European Court of Justice. The OMC is viewed as an aspect of new, experimental governance, which is part of the response by the EU to regulatory shortcomings. This article explores the normative aspects of the OMC using case studies. The article examines the conditions in which the OMC emerges, the condi- tions upon which it thrives, and the claims that are made for its effectiveness as a new form of governance. I The Historical Context The term ‘open method of co-ordination’ (OMC) was coined at the Lisbon Summit of March 2000. However, a legal base for what is now generically identified as the OMC, is seen in the use of new methods of coordinating policy in the arena of economic and monetary union (the Broad Economic Policy Guidelines) introduced in the Maastricht Treaty 1991, and now found in Article 98 EC, and later, in the arena of employment policy, the European Employment Strategy, introduced in the Amsterdam Treaty 1997 in Articles 125–130 EC.
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