Download or read book Delegation of Powers in the EU Legal System written by Annalisa Volpato and published by Routledge. This book was released on 2022-03-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.
Download or read book The Legislative Choice Between Delegated and Implementing Acts in EU Law written by Eljalill Tauschinsky and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the face of the current confusion about the use of arts 290 and 291 TFEU, there is need of further development of the theory of legislative delegation to the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, it offers new insight into potential developments in EU administrative law.
Download or read book The Powers of the Union written by Fabio Franchino and published by Cambridge University Press. This book was released on 2007-03-22 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the distribution of power in the EU across levels of governance and supranational institutions.
Download or read book Comitology written by Carl Fredrik Bergström and published by Oxford University Press, USA. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines how political decisions are taken in the EU and who influences them, touching upon some of the most crucial aspects of democracy. The author maintains that comitology is a central and well-functioning aspect of the EU.
Download or read book Rulemaking by the European Commission written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.
Download or read book European Union Law written by Catherine Barnard and published by Oxford University Press. This book was released on 2017 with total page 977 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.
Download or read book Foreign Affairs and the EU Constitution written by Robert Schütze and published by Cambridge University Press. This book was released on 2014-10-16 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Practices of Delegated Rulemaking by the European Commission written by Zamira Xhaferri and published by BRILL. This book was released on 2023-01-16 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book first provides a critical analysis of the legal framework that governs the delegation of rulemaking powers to the European Commission. Second, it explores how the framework that governs such a delegation of powers to the Commission operates in the food and health policy domain.
Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Download or read book The Oxford Handbook of the European Union written by Erik Jones and published by Oxford University Press. This book was released on 2012-08-30 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.
Download or read book Delegating Powers written by David Epstein and published by Cambridge University Press. This book was released on 1999-11-13 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this path-breaking book, David Epstein and Sharyn O'Halloran produce the first unified theory of policy making between the legislative and executive branches. Examining major US policy initiatives from 1947 to 1992, the authors describe the conditions under which the legislature narrowly constrains executive discretion, and when it delegates authority to the bureaucracy. In doing so, the authors synthesize diverse and competitive literatures, from transaction cost and principal-agent theory in economics, to information models developed in both economics and political science, to substantive and theoretical work on legislative organization and on bureaucratic discretion.
Download or read book Administrative Law and Policy of the European Union written by Herwig C. H. Hofmann and published by OUP Oxford. This book was released on 2011-10-27 with total page 6806 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.
Download or read book The European Parliament and Delegated Legislation written by Merijn Chamon and published by Bloomsbury Publishing. This book was released on 2022-11-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the Treaty of Lisbon's promise to further parliamentarize the EU's functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.
