Download or read book Opinion on the Report from the Commission Better Lawmaking 2002 and the Communication from the Commission Updating and Simplifying the Community Acquis written by Committee of the Regions and published by . This book was released on 2003 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporations and International Lawmaking written by Stephen Tully and published by BRILL. This book was released on 2007-11-30 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
Download or read book Resolution of the Committee of the Regions written by and published by . This book was released on 2003 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Substantive Law of the EU written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2013-08-08 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading expert in the area, this fourth edition continues to offer critical and comprehensive coverage of the four freedoms in a concise and user-friendly format, featuring engaging case studies and diagrams to explain the key areas of substantive EU law while maintaining authoritative, reliable content.
Download or read book Soft Law in European Community Law written by Linda Senden and published by Hart Publishing. This book was released on 2004-09-28 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first systematic investigation of soft law within the framework of the EC and its use by the European Commission and Council of Ministers.
Download or read book The Quest for Environmental Regulatory Integration in the European Union written by Eberhard Bohne and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a commonplace that pollution knows no borders, and that environmental law must allow for cross-border implementation. The European Union specifies this principle in EC directives on integrated pollution prevention and control (IPPC), on environmental impact assessment (EIA), and on the control of major accident hazards involving dangerous substances (Seveso II). This is the first book to investigate from both empirical and normative perspectives the effectiveness of these directives at the national level. It provides by far the most extensive comparative analysis and evaluation of the industrial permitting and inspections, EIA, and major accident prevention in the EU. Offering an in-depth study of the transposition and implementation of EC environmental directives in eight EU member states (Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, and the United Kingdom), the author who has played a significant role in the formulation of environmental legislation and regulation at both the national (German) and EU levelsand¿provides a stable base for an assessment of the benefits and costs of the integrated approach to environmental protection. Among the factors considered are the following: key features of national constitutional, administraand¬tive, and judicial systems which provide the framework for environand¬mental regulations and their implementation in the eight countries under study; procedures and substantive requirements transposing the IPPC, EIA and Seveso II directives into national laws; and evaluation of national deficiencies and the extent of muddling through. The empirical part of Dr Bohne's analysis draws on 138 expert interviews with public and private actors, a survey of 178 public authorities, and document analyses of selected industrial permits and environmental impact statements. His comparative analysis of procedural, organizational, and substantive integration makes it possible to identify and compare national accomplishments in regulatory integration, and offers new insights into the effectiveness and limits of EC law. The study concludes with a discussion of the implications of the findings for European governance and better regulation after the enlargement of the EU. This thoroughly researched, rigorous, and insightful study will be of great interest and value to policymakers, regulators, business people, environmental NGOs, consultants, and lawyers, as well as to students of environmental policies and European governance.
Download or read book Drafting Legislation written by Helen Xanthaki and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
Download or read book Regulatory quality in Europe written by Claudio Radaelli and published by Manchester University Press. This book was released on 2013-07-19 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union and its member states are investing in ambitious programmes for ‘better regulation’ and targets of regulatory quality. This book, available in paperback for the first time, lifts the veil of excessively optimistic propositions covering the whole better regulation agenda. It provides an innovative conceptual framework to handle the political complexity of regulatory governance. It approaches better regulation as an emerging public policy, with its own political context, actors, problems, rules of interaction, instruments, activities and impacts. Focusing on the key tools of impact assessment, consultation, simplification, and access to legislation, the authors provide fresh empirical evidence on the progress made in the member states and in Brussels, drawing on an extensive research project and an original survey of directors of better regulation programmes in Europe. Radaelli and De Francesco show how indicators define, measure, and appraise better regulation policy, linking measures to policy processes in which the stakeholders learn by monitoring. Although better regulation is a top priority for competitiveness in Europe and the legitimacy of EU policy, the level of commitment and the development of tools vary considerably. The major challenge for better regulation is institutionalisation - this calls for clear choices in terms of what the EU wants from better regulation. Essential reading for academics (political scientists, lawyers, and public economists) and policy-makers in charge of regulatory reforms in governments and international organisations.
Download or read book The Reality of Precaution written by Jonathan B. Wiener and published by Routledge. This book was released on 2013-05-13 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.
Download or read book The Reality of Precaution written by Jonathan Baert Wiener and published by Routledge. This book was released on 2011 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Routledge Handbook of International Law written by David Armstrong and published by Routledge. This book was released on 2009-01-13 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.
Download or read book Bulletin of the European Union written by and published by . This book was released on 2004 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Strengthening the Rule of Law in Europe written by Werner Schroeder and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Respect for the 'rule of law' is, according to Article 2 of the Treaty on European Union, a value on which the Union is founded and a prerequisite for the accession of new Member States. However in some Member States there are deficiencies as regards the independence of the justice system or other aspects of the rule of law, and on several occasions the Union has been confronted with a rule of law crisis. In order to address this problem the book elucidates the principal elements of a common European rule of law in a global context, and explores the different mechanisms and instruments appropriate to safeguard the rule of law and to address future rule of law crises in the Member States.The book brings together contributions from renowned academics, high-ranking professionals and experts in the fields of European law, public international law and constitutional law.
Download or read book Regulating Services in the European Union written by Vassilis Hatzopoulos and published by OUP Oxford. This book was released on 2012-04-12 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the EU, services are the cornerstone of the modern economy, accounting for over 70% of national GDPs and over 90% of new jobs created. Fostering trade in services has, accordingly, become central to the EU's vision for developing the internal market. Yet regulating services and their international trade is notoriously complex, and controversial. For years the EU's efforts were limited to sector-specific regulation in key areas, until the adoption of the general Services Directive in 2006. Since then, confronted by the limited success of traditional legal intervention, the EU's attentions have shifted to alternative forms of regulation. This book looks back on the historical development of services law, discusses the nature of impediments to trade in services in the EU, and explains the basic rules and principles applicable to such trade. It also examines the recent development of alternative regulatory methods, such as networking, the use of common standards, private regulation, self-regulation, open methods of coordination, and administrative cooperation. Taking a broad perspective and placing services regulation within its economic context, the author offers a thorough evaluation of current regulatory methods alongside the alternative methods which could be deployed. The book is the first to provide an overview of the regulation of services in the EU.
Download or read book The Committee of the Regions and the Implementation and Monitoring of the Principles of Subsidiarity and Proportionality in the Light of the Constitution for Europe written by Committee of the Regions and published by . This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is a Committee of the Regions contribution to the debate on European governance, and it provides an overview of the issues and challenges in managing mechanisms for applying and monitoring subsidiarity.
Download or read book Ensuring Effective Regulation in the EU written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2005-09-08 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: In March 2005, the European Commission issued a Communication designed to improve the EU regulatory environment in order to promote competition and trade and facilitate job creation. The Committee's report examines the proposals for better regulation, including the 'regulation tools' of impact assessment, simplification and consultation, the position of small and medium-sized enterprises (SMEs), the case for a new regulatory body to oversee regulation in the EU, the Inter-Institutional Agreement on Better Law-making and the role of Member States, the ambitions and activities of the UK presidency of the EU in this area. The Committee welcomes the initiatives and the attitudinal change that seems to be filtering through the Commission but highlights the need for full implementation and assessment; and also calls on the UK Government to ensure the issue is placed at the top of the EU political agenda.
Download or read book A Companion to European Union Law and International Law written by Dennis Patterson and published by John Wiley & Sons. This book was released on 2016-03-15 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
