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Author : Tom Zwart,L. F. M. Verhey
Publisher : Intersentia nv
Page : 188 pages
File Size : 45,6 Mb
Release : 2003
Category : Administrative agencies
ISBN : 9789050952859
This book analyses the role played by agencies in several countries.
Author : Florin Coman-Kund
Publisher : Routledge
Page : 281 pages
File Size : 44,5 Mb
Release : 2018-05-01
Category : Law
ISBN : 9781351136846
This book examines a largely unexplored dimension of the European agencies, namely their role in EU external relations and on the international plane. International cooperation has become a salient feature of EU agencies triggering important legal questions regarding the scope and limits of their international dimension, the nature and effects of their international cooperation instruments, their status within the EU and on the global level, and leading potentially to tensions between EU law and international law. This book fills the existing knowledge gap by scrutinizing the international cooperation legal framework and practice of EU agencies, including their mandate, tasks and instruments, together with their legal status as actors with a global dimension. It sets out a general legal-analytical framework which combines legal parameters from EU and international law to assess EU agencies as global actors, and examines in detail three case studies on carefully selected agencies to shed light on the complexities of EU agencies’ daily international cooperation.
Author : Madalina Busuioc
Publisher : OUP Oxford
Page : 326 pages
File Size : 46,9 Mb
Release : 2013-02-28
Category : Law
ISBN : 9780191650925
European agencies have been created at a rapid pace in recent years in a multitude of highly pertinent and sensitive fields ranging from pharmaceuticals and aviation safety to chemicals or financial supervision. This agency phenomenon shows no signs of relenting, and the trend in recent years is towards the delegation of ever-broader powers. These bodies, meant to operate at arm's length from political control, have real power and their opinions and decisions can have a direct impact on individuals, regulators, and member states. Given the powers wielded by the agencies, who is responsible for holding these non-majoritarian actors to account? Is the growing concern surrounding agency accountability 'much ado about nothing' or are we faced with the threat of a powerful and unaccountable bureaucracy? These are precisely the questions that this book seeks to answer. It thus addresses one of the most relevant topics in current European governance: the accountability of European agencies. Scholars have increasingly called attention to the risk of placing too much power in the hands of such agencies, which operate at arm's length from traditional controls and cannot easily be held accountable for their actions. Although this is a major issue of concern, systematic empirical research into the topic is lacking. This book addresses empirically whether, and if so on what counts, agency accountability is problematic. It examines how the accountability system of European agencies operates at both the de jure as well as the de facto level, through an examination of legal provisions, relevant case law as well as policy documents and extensive interview material. Reflecting on these findings, the book also offers important theoretical insights for our understanding and study of accountability in a complex regulatory regime such as the EU context. The book follows a multi-disciplinary approach and is at the cutting edge of law and public administration.
Author : Merijn Chamon
Publisher : Oxford University Press
Page : 450 pages
File Size : 53,6 Mb
Release : 2016-05-13
Category : Law
ISBN : 9780191087349
Over the last two decades, EU legislation has established a growing number of subsidiary bodies commonly referred to as EU decentralised agencies. Recent years have witnessed the conferral of increasingly significant powers to these bodies to the point where the successful implementation of many of the EU's policies is now dependent upon the activities of EU agencies. While EU agencies have become indispensable in terms of their practical importance, the lack of a legal basis in the EU Treaties to establish and empower new bodies as well as the lack of an adequate framework in secondary law means that there exists little control over EU agencies. This results in critical issues, such as the absence of clear criteria prescribing when an agency may be empowered to act and also the failure to consider the interests of the actors normally responsible for the implementation of EU law, such as the Member States and the Commission. Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification? Analysing EU agencies from an institutional and constitutional perspective, the book traces the development of EU agencies, explores the different tasks they perform, investigates the limits to agencification, and discusses the legal basis for such agencies.
Author : Danny Busch,Laura J. Macgregor
Publisher : Cambridge University Press
Page : 481 pages
File Size : 47,6 Mb
Release : 2009-02-19
Category : Law
ISBN : 9781139476355
The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.
Author : G. J. M. Arts,W. Dicke,L. Hancher
Publisher : Amsterdam University Press
Page : 384 pages
File Size : 51,6 Mb
Release : 2008
Category : Electronic books
ISBN : 9789053566084
The essays in this bundle analyse the effects on long-term investment in different infrastructures and from different perspectives and disciplines.
Author : Christoph Ossege
Publisher : Springer
Page : 243 pages
File Size : 54,8 Mb
Release : 2016-10-12
Category : Political Science
ISBN : 9781137517906
European Regulatory Agencies (ERAs) have become increasingly important features in EU decision-making. They aim to provide expert advice independent of political or economic considerations. This book explains whether and under what conditions ERAs comply with this scientific mandate. Expanding on rational institutionalism, Ossege provides novel insights into the behaviour of ERAs, their autonomy from 'undue' external influence, and their impact on EU policy-making. The empirical comparison of three major ERAs - the European Medicines Agency, the European Food Safety Authority, and the European Chemicals Agency - not only shows that agencies capitalise on their expertise and rule-making competences to protect their autonomy. Rather, in making strategic use of their expertise, the ERAs also guard their autonomy in areas of high political salience, though their policy influence in these areas is partially circumscribed. Based on these insights, European Regulatory Agencies in EU Decision-Making locates its subject in the wider system of European Governance and considers the perennial question of how to reconcile the need for expert advice with democratic decision-making.
Author : Gert Brüggemeier
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 55,8 Mb
Release : 2018-06-14
Category : Law
ISBN : 9789403500713
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author : Francis Cheneval,Sandra Lavenex,Frank Schimmelfennig
Publisher : Routledge
Page : 160 pages
File Size : 44,9 Mb
Release : 2017-10-02
Category : Political Science
ISBN : 9781317512806
Whereas ‘democracy’ assumes a single demos or people, ‘demoi-cracy’ refers to democratic government and governance in a polity constituted by separate peoples. Since the European Union consists of many demoi with different collective identities, largely separate public spheres, and a predominantly national political infrastructure, demoi-cracy is an appropriate standard for the analysis and evaluation of democracy in the EU. In its vertical dimension, demoi-cracy is based on the equality and interaction of citizens’ and statespeoples’ representatives in the making of common policies. Horizontally, it seeks to balance equal transnational rights of citizens with national policy-making autonomy. This volume offers exemplary studies exploring the potential for and the workings of demoi-cracy in the EU across a broad range of institutions and issues in both its vertical and horizontal dimensions. In particular, the contributions address the following questions: Is demoi-cracy relevant to citizen attitudes and public discourse on the EU’s legitimacy? How do national and supranational democratic institutions interact? Do the EU’s modes of governance, such as regulation through agencies, mutual recognition, and the open method of coordination, meet demoi-cratic expectations? This book was originally published as a special issue of the Journal of European Public Policy.
Author : Vassilis Hatzopoulos
Publisher : Oxford University Press
Page : 470 pages
File Size : 46,8 Mb
Release : 2012-04-12
Category : Business & Economics
ISBN : 9780199572663
This book offers the first overview of services regulation in the EU, tracing its history from early, sector-specific interventions to the complex modern landscape of 'new governance' techniques. It sets the legal developments in their economic context and critiques the varied regulatory methods with which the EU has experimented.
Author : Karin Gottschall,Bernhard Kittel,Kendra Briken,Jan-Ocko Heuer,Sylvia Hils,Sebastian Streb,Markus Tepe
Publisher : Springer
Page : 374 pages
File Size : 49,6 Mb
Release : 2015-10-29
Category : Political Science
ISBN : 9781137313119
This book explores the extent to which a transformation of public employment regimes has taken place in four Western countries, and the factors influencing the pathways of reform. It demonstrates how public employment regimes have unravelled in different domains of public service, contesting the idea that the state remains a 'model' employer.
Author : Herbert Smith Professor of Law Piet Eeckhout
Publisher : Oxford University Press, USA
Page : 779 pages
File Size : 54,8 Mb
Release : 2010-02-25
Category : Language Arts & Disciplines
ISBN : 9780199571253
Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
Author : Stéphanie De SomeR
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 50,9 Mb
Release : 2017-05-26
Category : Law
ISBN : 9781785364686
This insightful book discusses the impact of EU law on the creation and empowerment of autonomous public bodies (APBs) at Member State level and analyzes recent attempts of European states to rationalize delegation to APBs. It examines the tensions between these trends: under what conditions can APBs be considered legitimate forms of government in the light of modern conceptions of constitutionalism, the rule of law and democracy - values that are deeply rooted in European constitutions? And to what extent do EU obligations on the independence of national regulators, data protection authorities and the like conflict with those conceptions?
Author : Anand Menon,Martin A. Schain
Publisher : OUP Oxford
Page : 388 pages
File Size : 46,7 Mb
Release : 2006-11-16
Category : Political Science
ISBN : 9780191516207
The Convention on the Future of Europe served to galvanize debate about the nature and future developmental trajectory of the European Union. More specifically, it engendered discussion over the degree to which the process resembled that which had occurred in Philadelphia some two hundred years earlier, and, more broadly, over the extent to which the European Union does, or should, resemble the United States. Partly as a consequence of such debates, comparative federalism is now an important topic, with scholarly work comparing the US and EU proliferating rapidly. The present volume seeks to build on and contribute to this growing literature, by developing a systematic comparison of the institutions, policies and developmental patterns of the European Union and the United States.
Author : Bruno Theodoro Luciano
Publisher : Taylor & Francis
Page : 212 pages
File Size : 51,9 Mb
Release : 2021-08-17
Category : Political Science
ISBN : 9781000426908
This comparative book analyses the development of regional integration parliaments in three different continents of the world. It assesses and compares the expansion and current stage of institutional development of three regional assemblies – the European Parliament, the Pan-African Parliament and the Mercosur Parliament for Latin America. Looking in particular at parliamentary agency, it aims to answer why and to what extent, these regional parliaments have developed differently in terms of their functions and legislative competences? Drawing on new and original empirical data, official documents, and secondary literature, the book focuses on the "critical junctures" in the trajectory of the three assemblies and argues that parliamentary agency has impacted the institutional development of the parliaments leading to diverse paths of regional parliamentarisation. This book will be of key interest to scholars and students of global and regional governance, comparative regionalism, European Union studies, legislative studies and more broadly to international relations, history, law, political economy, and international organisations.