Dr Melanie Smith
Emerita Reader
- Available for postgraduate supervision
Overview
My European work has concentrated upon the twin themes of legitimacy and accountability, in particular, legitimacy in the enforcement of European Law. Building upon and developing empirical research gathered during my PhD, I published a monograph entitled Centralised Enforcement, Legitimacy and Good Governance in the EU (Routledge, 2009). This work has been taken up by the Legal Affairs Committee of the European Parliament, and as a consequence I have been invited to speak in the Parliament on the topic of enforcement of EU law. I have been appointed as an expert advisor to sit on working groups in the European Parliament on the development of EU administrative law and regularly assist in the drafting of resolutions on the topic of enforcement of EU law. I have recently completed an edited collection entitled New Directions in Effective Enforcement of EU Law and Policy (eds S Drake and M Smith, 2016, Edward Elgar) which maps the various strategies, techniques and remedies employed across diverse policy areas in order to facilitate better enforcement of EU law.
My projects concentrate on the contribution of the European Parliament to the legitimacy of enforcement of EU law, and the developing crisis of the rule of law in the EU. I am also currently working on a project which builds on the work started as part of an edited collection published in 2016 entitled 'New Directions in the Effective Enforcement of EU Law and Policy' (eds S Drake and M Smith, Edward Elgar 2016). The projects aims to take forward the mapping exercise carried out in this text of the various remedies and enforcement strategies employed and designed by the EU institutions to ensure EU citizens have full enjoyment of their EU rights. After the referendum result in favour of some form of Brexit, the new project examines the areas where (1) a gap or failure of enforcement existed within the sphere of EU law right and (2) the impact of Brexit on the loss/ or potential loss of these rights altogether, not through removal of EU law directly, but from the lack of enforcability of these rights, creating and/or exacerbating an access to justice problem that already existed by removing the mechanisms that enabled EU citizens to enjoy these rights in practice.
You can follow me on Twitter @Drmelsmith
Biography
Education and qualifications
2006-2008 - Postgraduate Certificate of University Teaching and Learning, Cardiff University
2003-2007 - PhD, European Law, University of Edinburgh
2002-2003 - LLM (distinction) in Public Law, King's College London
1993-1996 - LLB (hons) Law Degree, King's College London
Career Overview
2012 - present: Reader, Cardiff Law School
2006 - 2012: Lecturer, Cardiff Law School
2004-2005: Tutor, University of Manchester
2003-2004: Graduate Teacher, University of Manchester
Honours and awards
2015 - Visiting Research Fellowship, University College Dublin.
2014/2015 - University Research Leave, Cardiff University, £15,000
2006 - College of Social Sciences and Humanities, University of Edinburgh Scholarship Prize, £10,000, plus University of Edinburgh PhD programme fees for 1 year.
2003 - Public Law Scholarship Award, University of Manchester (co-financed by the British Academy), funding for PhD studies (£20,000, plus University of Manchester PhD programme fees for 2 years).
Professional memberships
Fellow, Higher Education Academy
Steering Committee, Public Law Wales (2007-2012)
Member, Administrative Law Discussion Forum
Member Society of Legal Scholars
Member University Association of Contemporary Studies in Europe
Member European Union Studies Association
Member European Community Studies Association – Canada
Member ReNeual Network
Member European Institute of Law
Speaking engagements
Conferences
2016
The visible, the invisible, the impenetrable: challenging legal and compliance scholarship on centralised enforcement of EU law - January
Workshop on Compliance in EU Law, University of Leiden, The Hague, The Netherlands
2015
The visible, the invisible, the impenetrable: innovations and rebranding in centralised enforcement of EU Law - August
ECPR General Conference Montreal (2015), Montreal, Canada
The quest for transparency and participation in centralised enforcement of EU law: insurmountable barriers to effectiveness? - July
22nd Conference of Europeanists, , Science Po, Paris, France
Staring into the abyss: crisis and transformation of the rule of law in the EU - May
Workshop on Crisis and Transformation in the EU, Trento, Italy
Channelling Rumsfeld: legal and political science scholarship on the centralised mechanism of enforcement of EU law - March
UCD Sutherland School of Law, Staff Seminar Series, UCD, Dublin, Ireland
2014
Old methods, new labels: innovation and rebranding in centralised enforcement of EU law - September
New Directions in Effective Enforcement of EU Law and Policy, Jean Monnet Centre of Excellence, Cardiff School of Law and Politics
Jean Monnet Workshop Co-organsier, Funded by the European Commission - September
New Directions in Effective Enforcement of EU Law and Policy, Cardiff Law School
Evaluation and the salience of infringement data - June
Policy Evaluation in the European Union, Jean Monnet Centre of Excellence, Cardiff Law School
2011
Enforcement of obligations: a network or partnership approach to accountability? - November
'When European Citizens Complain: the Network of European Ombudsman and network accountability', University College London
Legitimacy and EU Administrative Law: Future Prospects - November
Working Group on EU Administrative Law, Legal Affairs Committee, European Parliament, Brussels
Infringement procedure and EU administrative law - April
EU administrative law: state of play and future prospects, University of Leon, Spain
Processes and forms of accountability: the European Parliament, the Commission and enforcement of EU obligations - March
European Union Studies Association 12th Biennial Conference, Boston, Mass. USA
European Administrative Law - Reform of the infringement procedure - February
Working Group on European Administrative Law, European Parliament, European Parliament, Brussels
2010
Developing administrative legitimacy in the EU - November
Swansea Law School Staff Seminar Series, Swansea University
'Developing administrative principles in the EU: a foundational model of legitimacy?' - June
After Lisbon: The Future of European Law & Policy Conference on European Law & Policy in Context , Institute of European Law, Birmingham University
'Inter–institutional dialogue and the establishment of enforcement norms: a decade of financial penalties under Article 228 EC ' - April
ECSA - Canada Biennial Conference, British Columbia, Canada
2008
‘The centralized infringement procedure: abandoning good governance as a response to enlargement?’ - September
Society of Legal Studies Annual Conference, London School of Economics
‘Enforcement, monitoring, verification, outsourcing: the decline and decline of the infringement procedure’ - September
UACES Annual Conference ‘Exchanging Ideas on Europe’ , Edinburgh University.
‘Enforcement, monitoring, verification, outsourcing: the decline and decline of the infringement procedure’ - July
The Next 50 Years: The Future of EU law and Policy , Institute of European Law, University of Birmingham
'The Commission’s new policy on enforcement' - April
Governance and Constitutionalism Seminar Series, Cardiff University
2004
'Changing polities and electoral rights: the case of Lithuania and EU accession’ - July
Hart Legal Workshop 2004 ‘The Challenge of Migration to Legal Systems’ , Institute for Advanced Legal Studies, London.
Committees and reviewing
Current Management and Administrative Roles
- Chair, Board of Postgraduate Examinations
- Independent Examiner, PhD (on-going)
- REF Review Panel (on-going)
- Peer Reviewer (internal teaching)
- PDR (appraiser)
- Research Mentor 2014 (on-going)
- Personal Tutor
Previous Administrative Roles
- Deputy Director, Postgraduate Studies 2013 -2014
- PCUTL Mentor 2012 - 2014
- Probation Manager
- Acting Chair of Postgraduate Studies (Taught)
- Chair, PhD Viva
- Research Committee 2006-2010
- Personal Tutoring Working Group 2007-2008
- Teaching and Learning Committee 2009-2010
- Matrix Working Group 2009
- Year 3 Convenor 2009-2010
- Chair, Student Progress Monitoring Committee 2010-2013
Publications
2020
- Smith, M. 2020. Enforcing environmental law through infringements and sanctioning: steering not rowing. In: Peeters, M. and Eliantonio, M. eds. Research Handbook on EU Environmental Law. Research Handbooks in European Law Cheltenham: Edward Elgar, pp. 213-230.
2019
- Smith, M. 2019. Staring into the abyss: a crisis of the rule of law in the EU. European Law Journal 25(6), pp. 561-576. (10.1111/eulj.12345)
2018
- Smith, M. 2018. Challenges in the implementation of EU law at national level. Technical Report.
2016
- Smith, M. 2016. The visible, the invisible, the impenetrable: innovation or rebranding in centralised enforcement of EU law?. In: Drake, S. and Smith, M. eds. New Directions in Effective Enforcement of EU Law and Policy. Cheltenham: Edward Elgar
- Smith, M. and Drake, S. 2016. Introduction. In: Drake, S. and Smith, M. eds. New Directions in the Effective Enforcement of EU Law and Policy. Cheltenham: Edward Elgar, pp. 1-11.
- Smith, M. and Drake, S. 2016. Conclusions: assembling the jigsaw of effective enforcement - multiple strategies - multiple gaps?. In: Drake, S. and Smith, M. eds. New Directions in the Effective Enforcement of EU Law and Policy. Cheltenham: Edward Elgar, pp. 320-327.
- Drake, S. and Smith, M. eds. 2016. New directions in effective enforcement of EU law and policy. Cheltenham: Edward Elgar.
2015
- Smith, M. 2015. The evolution of infringement and sanction procedures: of pilots, diversions, collisions and circling. In: Chalmers, D. and Arnull, A. eds. The Oxford Handbook of European Union Law. Oxford Handbooks Oxford: Oxford University Press, pp. 350-375., (10.1093/oxfordhb/9780199672646.013.17)
- Smith, M. 2015. Evaluation and the salience of infringement data. Journal of European Risk Regulation 6(1), pp. 90-100.
- Smith, M. 2015. The visible, the invisible, the impenetrable: innovations or rebranding in centralised enforcement of EU law. Presented at: University College Dublin Research Seminar Series, Dublin, Ireland, 25 March 2015.
- Smith, M. 2015. The quest for transparency and participation in centralised enforcement of EU law: insurmountable barriers to effectiveness?. Presented at: 22nd International Conference of Europeanists, Paris, France, 8-10 July 2015.
2014
- Smith, M. 2014. Old methods, new labels: innovation or rebranding in centralised enforcement of EU law?. Presented at: New Directions in the Effective Enforcement of EU Law and Policy, Cardiff Law School, 8 September 2014.
- Smith, M. 2014. Benedikt Pirker, Proportionality Analysis and Models of Judicial Review. Groningen: Europa Law Publishing, 2013. 434 pages. ISBN: 9789089521415. EUR 72. [Book Review]. Common Market Law Review 51(4), pp. 1292-1293.
- Smith, M. 2014. Evaluation and the salience of infringement data. Presented at: Policy evaluation in the European Union, Cardiff University, Cardiff , UK, 20 June 2014.
2012
- Smith, M. 2012. Developing administrative principles in the EU: a foundational model of legitimacy?. European Law Journal 18(2), pp. 269-288. (10.1111/j.1468-0386.2011.00597.x)
- Smith, M. 2012. Tracing the development of administrative principles in the EU: a possible new approach to legitimacy?. In: Trybus, M. and Rubini, L. eds. The Treaty of Lisbon and the Future of European Law and Policy. Cheltenham: Edward Elgar, pp. 97-116.
2011
- Smith, M. 2011. Legitimacy in European Administrative Law: Reform and Reconstruction [Book Review]. Common Market Law Review 48(6), pp. 2115-2117.
- Smith, M. 2011. Administrative procedures of Article 258 TFEU - an academic perspective. European Parliament.
- Smith, M. 2011. Administrative law and good governance after Lisbon. Discussion Paper. European Parliament, Legal Affairs Committee.
- Smith, M. 2011. Enforcement of obligations: a network or partnership approach to accountability?. Presented at: When European Citizens Complain: The European Network of Ombudsmen and Accountability Networks, London, UK, 25 November 2011.
- Smith, M. 2011. Legitimacy and EU administrative law: Future prospects. Presented at: ReNEUAL The Research Network on EU Administrative Law: Working Group 1 Workshop, Luxembourg, 4 November 2011.
- Smith, M. 2011. Infringement procedure and EU administrative law. Presented at: EU Administrative Law: State of Play and Future Prospects, Leon, Spain, 27-28 April 2011.
- Smith, M. 2011. Processes and forms of accountability: the European Parliament, the Commission and enforcement of EU obligations. Presented at: European Union Studies Association 12th Biennial International Conference, Boston, MA, USA, 3-5 March 2011.
- Smith, M. 2011. European administrative law - Reform of the infringement procedure. Presented at: ReNEUAL The Research Network on EU Administrative Law: Working Group 3 Workshop, Speyer, Germany, 18-19 February 2011.
2010
- Smith, M. 2010. Inter–institutional dialogue and the establishment of enforcement norms: a decade of financial penalties under Article 228 EC (now 260 TFEU). European Public Law 16(4), pp. 547-570.
- Smith, M. 2010. Reviewing the pilot project. Project Report. European Parliament.
- Smith, M. 2010. Developing administrative principles in the EU: a foundational model of legitimacy?. Presented at: Swansea University School of Law Research Seminar, Swansea, UK, November 2010.
- Smith, M. 2010. The development of administrative principles after Lisbon: a foundational model of legitimacy?. Presented at: After Lisbon: The Future of European Law & Policy: Conference on European Law & Policy in Context, Birmingham, UK, 24-25 June 2010.
- Smith, M. 2010. Inter-institutional dialogue and the establishment of enforcement norms: a decade of financial penalties under Article 260 TFEU. Presented at: European Community Studies Association – Canada 8th Biennial Conference, Victoria, BC, Canada, 29 April - 1 May 2010.
2009
- Smith, M. 2009. Centralised enforcement, legitimacy and good governance in the EU. Routledge Research in European Union Law. London: Routledge Cavendish.
2008
- Smith, M. 2008. Enforcement, monitoring, verification, outsourcing: the decline and decline of the infringement process. European Law Review 33(6), pp. 777-802.
- Smith, M. 2008. The centralized infringement procedure: abandoning good governance as a response to enlargement?. Presented at: Society of Legal Scholars Annual Conference 2008, London, UK, 15-18 September 2008.
- Smith, M. 2008. Enforcement, monitoring, verification, outsourcing: the decline and decline of the infringement procedure. Presented at: UACES 38th Annual Conference: Rethinking the European Union, Edinburgh, UK, 1-3 September 2008.
- Smith, M. 2008. Enforcement, monitoring, verification, outsourcing: the decline and decline of the infringement procedure. Presented at: The Next 50 Years: The Future of European Law and Policy, Birmingham, UK, 3-4 July 2008.
2006
- Smith, M. and Shaw, J. 2006. Changing polities and electoral rights: Lithuania’s accession to the EU. In: Shah, P. and Menski, W. eds. Migration, Diasporas and Legal Systems in Europe. Routledge, pp. 147-162.
Current Projects
I am currently working on a project which builds on the work started as part of an edited collection published in 2016 entitled 'New Directions in the Effective Enforcement of EU Law and Policy' (eds S Drake and M Smith, Edward Elgar 2016). The projects aims to take forward the mapping exercise carried out in this text of the various remedies and enforcement strategies employed and designed by the EU institutions to ensure EU citizens have full enjoyment of their EU rights. After the referendum result in favour of some form of Brexit, the new project examines the areas where (1) a gap or failure of enforcement existed within the sphere of EU law right and (2) the impact of Brexit on the loss/ or potential loss of these rights altogether, not through removal of EU law directly, but from the lack of enforcability of these rights, creating and/or exacerbating an access to justice problem that already existed by removing the mechanisms that enabled EU citizens to enjoy these rights in practice.
Research Funding
2014/15 Cardiff University Research Leave Fellowship
£15,000
2014 European Commission: Jean Monnet Centre of Excellence
£10,000 to organise and host workshop on ‘New directions in effective enforcement of EU law and policy’, Cardiff Law School.
2011 Cardiff Law School Research Committee
£1450 to present a paper at the leading international political science conference, European Union Studies Association Twelfth Biennial Conference, 3-5 March 2011, Boston, USA. I also applied for British Academy funding for this conference.
2010 Cardiff Law School Research Committee
£1200 to present a paper at the European Community Studies Association – Canada, April 2010, Victoria, Canada. This led to the production of a paper ‘Inter–institutional dialogue and the establishment of enforcement norms: a decade of financial penalties under Article 228 EC (now 260 TFEU)’.
2010 Cardiff Law School Research Committee
£250 to present a paper at ‘After Lisbon: The Future of European Law & Policy - 2nd Conference on European Law & Policy in Context’ held at Birmingham University by the European Institute. This led to the paper ‘Developing administrative principles in the EU: a foundational model of legitimacy’.
2009 Cardiff Law School Research Committee
£800 for two separate research visits to the European Parliament, European Commission and European Ombudsman to conduct elite interviews. This research formed part of the monograph, Centralised Enforcement, Legitimacy and Good Governance in the EU.
2003/06 British Academy Funding (see below)
In connection with the PhD Scholarship I obtained from Manchester University, I undertook empirical research for Jo Shaw in relation to the ‘Managing and Moulding the Boundaries of Suffrage: EU electoral rights in context’ project, funded by the British Academy (LRG 35424). This work was included in the eventual production of a monograph (UACES Best Book Prize) by Professor Shaw entitled ‘The transformation of citizenship in the European Union’, Cambridge University Press (2008).
Provision of External Advice
Dr Smith has provided advice to and prepared reports for the European Parliament in relation to enforcement of EU obligations. She has been invited to speak at public hearings on this topic and take part in a working group, as an expert advisor, on EU administrative law for the Legal Affairs Committee of the Parliament.
Dr Smith was a Committee Member of Public Law Wales (2007-2012). As such she was involved in furthering links between the legal profession and Cardiff Law School, including helping to organise a programme of public lectures which speak to an audience comprised of students, academics, practitioners, the judiciary and members of the local government and National Assembly. For more information on this organisation please see their website: http://www.publiclawwales.co.uk/