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 Rulemaking by the European Commission written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2016-01-21 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years have seen major reforms to the delegation of powers and post-delegation supervision of the European Commission. In light of these reforms, Rulemaking by the European Commission: The New System for Delegation of Powers assesses whether the new system has really affected the old doctrine of delegation of powers, and if so, how? Specific questions answered include: have the objectives of the reform been achieved and what were these objectives? How does the new system affect the division of functions between the institutions of the EU and the institutional balance? Has this new system affected the relationship between the EU and its Member States, and if so, how does it concern its citizens? Presented by an interdisciplinary group of experts who have actively followed or participated in the process of reform, the book is structured in four parts: (1) the political and historical context in which the rule-making takes place, (2) the operation and functioning of the system before and after the reform, (3) the legal substance of a new framework for rule-making and the emerging case law from the Court of Justice of the EU, and (4) the procedural dimension, including the legal preconditions for non-institutional actors to participate.
Download or read book Controlling the EU Executive written by Gijs Jan Brandsma and published by Oxford University Press. This book was released on 2017-09-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year the EU Commission issues thousands of rules based on powers delegated by the Council of Ministers and the European Parliament. But delegation is carefully controlled. Traditionally, control has been exerted through a system of committees of member state representatives ('comitology'). However, this system was contested by the European Parliament which was left without any influence. The Lisbon Treaty introduced a new control regime for delegated powers, the so-called delegated acts system, which was meant to supplement the existing system. The new system involves direct control by the Council of Ministers and the European Parliament and thus for the first time gave the European Parliament real influence over delegated powers. However, the choice over which delegation regime to use in practice has turned into one of the most vehement institutional conflicts in the EU political system. This book represents the first comprehensive investigation of this conflict. It does so by a combination of methods and data, including process-tracing of the introduction of the new system in the Lisbon Treaty, case studies of selected post-Lisbon delegation situations, and statistical analysis of datasets comprising hundreds of post-Lisbon legislative files.
Download or read book Handbook on EU secondary legislation written by Daniel Guéguen and published by Anthemis. This book was released on 2024-01-08 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: 98% of EU rules are decided via Comitology and delegated acts, rather than via legislation. This shows the importance of these decisionmaking processes. The procedures are complex with many exceptions and derogations. Academic books have been published on the subject: they explain the “what” comitology and delegated acts are, but are silent on “how to” effectively operate in these processes. What European affairs practitioners need is a manual explaining each step of the different processes with diagrams, concrete cases, practical explanations. This is exactly what the Handbook on secondary legislation is all about: a book designed by practitioners for practitioners. An indispensable tool to navigate efficiently through the labyrinth of decision-making procedures. ABOUT THE AUTHORS Former Associate Partner of EPPA, Daniel Guéguen has dedicated his whole working life to European public affairs. Daniel set up several businesses specialised in European affairs and after disposing of them in 2012, he founded PACT European Affairs, specialised in the post-Lisbon comitology procedures. Alongside this activity, Daniel Guéguen has published books that have been translated into several languages. Via articles, blogs and tweets widely circulated in international press, he has campaigned for a more operational EU that is closer to citizens. Building upon the educational nature of his books on the EU, Daniel is still today involved in many university programmes, in the USA (Harvard, Georgetown) and across Europe (ULB, Paris Sciences-Po, EDHEC, HEC, INSEAD), and at at the College of Europe in Bruges and Natolin. For his European activities, Daniel Guéguen was in 2005 awarded the rank of “Chevalier” in the order of the Légion d’honneur. Vicky Marissen’s legal background and long-standing experience in European Public Affairs make her the expert capable of assisting companies, trade associations and organisations active in highly regulated sectors such as food, pharmaceuticals and health, helping them close the procedural gap and regain impact on the EU decision-making process. Besides providing legal and procedural input on files and assistance in developing and deploying engagement strategies, Vicky provides support in communicating often technical arguments in an understandable form to different target audiences (public, private, media, etc.).
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 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.
Download or read book The Choice of Legal Basis for Acts of the European Union written by Annegret Engel and published by Springer. This book was released on 2018-09-10 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts’ judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.
Download or read book A Fiduciary Approach to Delegated and Implementing Rule Making in the EU written by R. Eljalill Tauschinsky and published by Springer Nature. This book was released on 2019-11-10 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission’s powers to adopt these important acts relates to subjects’ democratic rights. Accordingly, the book explores the question of how the Commission’s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.
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 Administrative Law and Policy of the European Union written by Herwig C.H. Hofmann and published by Oxford University Press. This book was released on 2011-10-27 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.
Download or read book EU Law Making in Principle and Practice written by Edward Best and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing the European Union offers a coherent overview of how particular pieces of EU law are produced and shows how they are actually adopted, from start to finish, resulting in an account of the process which is of both practical and academic interest. The title presents a holistic view of EU law-making using an adapted 'policy cycle', giving a concise account of the principles and practices involved in policy initiation, legislative decision-making, and delegated and implementing acts, as well as considering EU law-making in the perspective of good governance. The title includes many procedural details, as well as illustrative examples, which are not found in other books. Chapters include: - EU Law-Making and the Policy Cycle - Policy Initiation: the European Commission - Legislative Decision-Making: the Parliament and the Council - Delegated and Implementing Acts - Case Study: the EU Timber Regulation - Conclusions: EU Law-Making and EU Governance
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2012-03-22 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.
Download or read book Changing Rules of Delegation written by Adrienne Héritier and published by OUP Oxford. This book was released on 2013-01-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: With each legislative issue, legislators have to decide whether to delegate decision-making to the executive and/or to expert bodies in order to flesh out the details of this legislation, or, alternatively, to spell out all aspects of this decision in legislation proper. The reasons why to delegate have been of prime interest to political science. The debate has concentrated on principal-agent theory to explain why politicians delegate decision-making to bureaucrats, to independent regulatory agencies, and to others actors and how to control these agents. By contrast, Changing Rules of Delegation focuses on these questions: Which actors are empowered by delegation? Are executive actors empowered over legislative actors? How do legislative actors react to the loss of power? What opportunities are there to change the institutional rules governing delegation in order to (re)gain institutional power and, with it influence over policy outcomes? The authors analyze the conditions and processes of change of the rules that delegate decision-making power to the Commission's implementing powers under comitology. Focusing on the role of the European Parliament the authors explain why the Commission, the Council, and increasingly the Parliament, delegated decision-making to the Commission. If they chose delegation, they still have to determine under which institutional rule comitology should operate. These rules, too, distribute power unequally among actors and therefore raise the question of how they came about in the first place and whether and how the "losers" of a rule change seek to alter the rules at a later point in time.
Download or read book EU Legal Acts written by Marise Cremona and published by Oxford University Press. This book was released on 2018 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.--
Download or read book The Concept of Legislation in European Community Law written by Alexander Türk and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of `legislation and its employment within the European Community's legal system. In this remarkable work of synthesis, Alexander Tandürk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law. A number of crucially significant insights emerge, among them the following: the distinction between `legislation in form' and `legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as `legislation in form. All those interested in the nature of the EC legal system and the state of its development will find this study richly rewarding. Building rigorously on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU's most pressing legal issues.
Download or read book Delegated Legislation and the Role of Committees in the EC written by Mads Tønnesson Andenæs and published by Springer. This book was released on 2000-05-24 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the outcome of a research seminar with the title of `Delegation of Legislative Powers in the European Community: the Role of Committees' that was held in London on 16 and 17 January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition of the issue of delegation of legislative powers. The aim here is to explore to what extent the national concepts and institutes of delegation of powers can contribute to a better understanding of the Community concept of delegation. The third part of the book concerns the institutional perspective and deals with the history of comitology and the role of the Court of Justice in the development of the system. The fourth and final part of the book examines various areas of EC law, including environmental law, product safety and other areas.
Download or read book Eu Administrative Law written by Paul Craig and published by Oxford University Press, USA. This book was released on 2018-11 with total page 933 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.
