A Fiduciary Approach To Delegated And Implementing Rule Making In The Eu

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A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU

R. Eljalill Tauschinsky
A Fiduciary Approach to Delegated and Implementing Rule Making in the EU Book PDF

Author : R. Eljalill Tauschinsky
Publisher : Springer Nature
Page : 221 pages
File Size : 53,5 Mb
Release : 2019-11-10
Category : Law
ISBN : 9783030263003

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A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU by R. Eljalill Tauschinsky Pdf

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.

Law and Practices of Delegated Rulemaking by the European Commission

Zamira Xhaferri
Law and Practices of Delegated Rulemaking by the European Commission Book PDF

Author : Zamira Xhaferri
Publisher : BRILL
Page : 384 pages
File Size : 51,7 Mb
Release : 2023-01-16
Category : Law
ISBN : 9789004523524

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Law and Practices of Delegated Rulemaking by the European Commission by Zamira Xhaferri Pdf

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.

The Constitutional Framework for Enhanced Cooperation in EU Law

Robert Böttner
The Constitutional Framework for Enhanced Cooperation in EU Law Book PDF

Author : Robert Böttner
Publisher : BRILL
Page : 409 pages
File Size : 52,9 Mb
Release : 2021-02-15
Category : Law
ISBN : 9789004459151

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The Constitutional Framework for Enhanced Cooperation in EU Law by Robert Böttner Pdf

The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

Delegation of Powers in the EU Legal System

Annalisa Volpato
Delegation of Powers in the EU Legal System Book PDF

Author : Annalisa Volpato
Publisher : Routledge
Page : 327 pages
File Size : 55,5 Mb
Release : 2022-03-29
Category : Law
ISBN : 9781000563467

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Delegation of Powers in the EU Legal System by Annalisa Volpato Pdf

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.

The European Fund for Strategic Investments: The Legacy

European Investment Bank
The European Fund for Strategic Investments The Legacy Book PDF

Author : European Investment Bank
Publisher : European Investment Bank
Page : 81 pages
File Size : 42,6 Mb
Release : 2021-01-07
Category : Business & Economics
ISBN : 9789286148156

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The European Fund for Strategic Investments: The Legacy by European Investment Bank Pdf

The inside story of the European Fund for Strategic Investments from 2015 to 2020 told through interviews with the Managing Director, Deputy Managing Director, members of the Investment Committee and final beneficiaries across Europe. The architects of this €500 billion-plus programme, the head of the EU bank and the president of the European Commission, describe the genesis of this financial pillar of the Investment Plan for Europe. Then the people who ran one of the biggest economic stimulus programmes in history detail how they did it—and what the lessons are for policymakers responding to new crises, including the economic shock caused by the COVID-19 pandemic. The European Fund for Strategic Investments has been one of the good news stories to emerge in a decade of economic uncertainty. It has gone well beyond its highly ambitious target of €500 billion in mobilised investments. The Juncker Plan has made a strong contribution to the 14 million jobs created in the EU between 2015 and 2020. It has become a success in co-financing projects that otherwise might not have been carried through. It has also charted the path towards new ways of financing. This is not only the case in relatively conventional areas, such as infrastructure, but also in sectors like research and innovation or the contribution to climate change mitigation. This is exactly what makes EFSI so ground-breaking: responding to the needs of the market through continuous financial innovation. The principle of the European Fund for Strategic Investments is here to stay. It has paved the way for its successor, the InvestEU programme, which is to be deployed under the 2021-2027 multiannual financial framework. This publication details why the programme was such a success.

Intellectual Property Rights

Nikolaus Thumm
Intellectual Property Rights Book PDF

Author : Nikolaus Thumm
Publisher : Springer Science & Business Media
Page : 187 pages
File Size : 42,8 Mb
Release : 2013-03-09
Category : Business & Economics
ISBN : 9783662121016

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Intellectual Property Rights by Nikolaus Thumm Pdf

This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.

Managing Conflict of Interest in the Public Sector

Howard Whitton
Managing Conflict of Interest in the Public Sector Book PDF

Author : Howard Whitton
Publisher : Org. for Economic Cooperation & Development
Page : 120 pages
File Size : 44,6 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015062439727

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Managing Conflict of Interest in the Public Sector by Howard Whitton Pdf

Conflicts of interest in both the public and private sectors have become a major matter of public concern world-wide. The OECD Guidelines define a conflict of interest as occurring when a public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities. However, identifying a specific conflict of interest in practice can be difficult. And resolving the conflicting interests appropriately in a particular case is something that most people find even more challenging. The Toolkit focuses on specific techniques, resources and strategies for: Identifying, managing and preventing conflict-of-interest situations more effectively; and Increasing integrity in official decision-making, which might be compromised by a conflict of interest. This Toolkit provides non-technical, practical help to enable officials to recognise problematic situations and help them to ensure that integrity and reputation are not compromised. The tools themselves are provided in generic form. They are based on examples of sound conflict-of-interest policy and practice drawn from various OECD member and non-member countries. They have been designed for adaptation to suit countries with different legal and administrative systems. FURTHER READING: Managing Conflict of Interest in the Public Service: OECD Guidelines and Country Experiences

Socially Responsible Investment

Russell Sparkes
Socially Responsible Investment Book PDF

Author : Russell Sparkes
Publisher : John Wiley & Sons
Page : 422 pages
File Size : 51,8 Mb
Release : 2003-03-14
Category : Business & Economics
ISBN : 9780470856581

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Socially Responsible Investment by Russell Sparkes Pdf

Over recent years there has been rapid consumer-led growth in investing in socially responsible companies to the extent that it has had an influence on corporate policies. New regulations recognise the public interest by requiring all pension funds to declare their ethical policy. Investors can no longer just consider the financial aspects of a company before investing but also have to consider the complex world of ethical investments. Should the ethical policy take precedence over the financial aspects? Should policies be inclusive or exclusive? What percentage of a company's income has to come from unacceptable sources before the source is excluded? Should any exclusion policy also extend to those involved in selling or transporting goods deemed unacceptable? This is the first book to look at socially responsible investment from the perspective of the institutional investor, who will be led through the complex dilemmas of socially responsible investment with practical examples and advice.

Principles, Definitions and Model Rules of European Private Law

Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Principles Definitions and Model Rules of European Private Law Book PDF

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 40,8 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

The Alternative Investment Fund Managers Directive

Dirk A. Zetzsche
The Alternative Investment Fund Managers Directive Book PDF

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
Page : 948 pages
File Size : 48,6 Mb
Release : 2015-09-14
Category : Law
ISBN : 9789041149954

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The Alternative Investment Fund Managers Directive by Dirk A. Zetzsche Pdf

Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

OECD Principles of Corporate Governance

OECD
OECD Principles of Corporate Governance Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 42 pages
File Size : 46,6 Mb
Release : 1999-10-06
Category : Electronic
ISBN : 9789264173705

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OECD Principles of Corporate Governance by OECD Pdf

These principles of corporate governance, endorsed by the OECD Council at Ministerial level in 1999, provide guidelines and standards to insure inclusion, accountability and abilit to attract capital.

Insurance Distribution Directive

Pierpaolo Marano,Kyriaki Noussia
Insurance Distribution Directive Book PDF

Author : Pierpaolo Marano,Kyriaki Noussia
Publisher : Springer Nature
Page : 439 pages
File Size : 54,6 Mb
Release : 2021
Category : Bank marketing
ISBN : 9783030527389

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Insurance Distribution Directive by Pierpaolo Marano,Kyriaki Noussia Pdf

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--

The Principal Agent Model and the European Union

Tom Delreux,Johan Adriaensen
The Principal Agent Model and the European Union Book PDF

Author : Tom Delreux,Johan Adriaensen
Publisher : Springer
Page : 315 pages
File Size : 54,6 Mb
Release : 2017-10-16
Category : Political Science
ISBN : 9783319551371

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The Principal Agent Model and the European Union by Tom Delreux,Johan Adriaensen Pdf

This book assesses the use and limitations of the principal-agent model in a context of increasingly complex political systems such as the European Union. Whilst a number of conceptual, theoretical and methodological challenges need to be addressed, the authors show that the principal-agent model can still provide deeper insights into a wide range of political phenomena. Through an empirical analysis of multiple principal-agent relations in the EU, covering a variety of policy fields and political actors, the volume refines our theoretical understanding of the politics of delegation and discretion in the EU. It will appeal to scholars in interested in EU politics and policy, public administration and governance, and international organisations. The chapter ‘Multiple principals preferences, different types of oversight mechanisms, and agent’s discretion in trade negotiations’ is published open access under a CC BY 4.0 license via link.springer.com.

The Race to Zero

Paul H. Tice
The Race to Zero Book PDF

Author : Paul H. Tice
Publisher : Encounter Books
Page : 185 pages
File Size : 42,8 Mb
Release : 2024-02-20
Category : Business & Economics
ISBN : 9781641773485

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The Race to Zero by Paul H. Tice Pdf

"Paul Tice delivers a body-blow to the predations of the ESG-industrial-complex." —Mark P. Mills, Senior Fellow, Manhattan Institute Over the past few years, sustainable investing—which is based on the theory that subjective environmental, social and governance or ESG factors should drive corporate policy and investment decisions—has swept across Wall Street, spurred on by the United Nations, sovereign governments and financial regulators and cheered on by academics, environmental activists, social justice warriors and the media. To date, there has been little public resistance or analytical pushback as the ESG orthodoxy has integrated itself into almost every corner of the financial markets. By 2030, the iron curtain of sustainability will have fully descended across Wall Street. Race to Zero is meant to provide a detailed rebuttal to the case for sustainable investing from the perspective of a long-time Wall Street analyst and investor and latter-day finance professor. Sustainable investing is a scam because it is not about generating excess returns for investors or furthering ethical goals such as improving society or saving the planet; rather, it is about controlling the world’s financial system and determining the allocation of capital and investment flows across the markets. It is liberal progressive politics masquerading as finance whose objective is to create a compliant corporate sector that serves as both Greek chorus and funding source for the environmental and social causes championed by government and the elite class. This book is designed to expose this truth in plain-spoken language—free of financial jargon—to reach the widest possible audience, including the silent majority on Wall Street now afraid to speak up about ESG.

The Treaty on European Union (TEU)

Hermann-Josef Blanke,Stelio Mangiameli
The Treaty on European Union TEU Book PDF

Author : Hermann-Josef Blanke,Stelio Mangiameli
Publisher : Springer Science & Business Media
Page : 1821 pages
File Size : 55,6 Mb
Release : 2013-11-26
Category : Law
ISBN : 9783642317064

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The Treaty on European Union (TEU) by Hermann-Josef Blanke,Stelio Mangiameli Pdf

The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.