Delegation Of Powers In The Eu Legal System

Delegation Of Powers In The Eu Legal System Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Delegation Of Powers In The Eu Legal System book. This book definitely worth reading, it is an incredibly well-written.

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 : 40,7 Mb
Release : 2022-03-29
Category : Law
ISBN : 9781000563467

Get Book

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.

Rulemaking by the European Commission

Carl Fredrik Bergström,Dominique Ritleng
Rulemaking by the European Commission Book PDF

Author : Carl Fredrik Bergström,Dominique Ritleng
Publisher : Oxford University Press
Page : 315 pages
File Size : 48,8 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191008474

Get Book

Rulemaking by the European Commission by Carl Fredrik Bergström,Dominique Ritleng Pdf

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.

Controlling the EU Executive?

Gijs Jan Brandsma,Jens Blom-Hansen
Controlling the EU Executive Book PDF

Author : Gijs Jan Brandsma,Jens Blom-Hansen
Publisher : Oxford University Press
Page : 240 pages
File Size : 43,9 Mb
Release : 2017-09-01
Category : Political Science
ISBN : 9780191080807

Get Book

Controlling the EU Executive? by Gijs Jan Brandsma,Jens Blom-Hansen Pdf

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.

The Legislative Choice Between Delegated and Implementing Acts in EU Law

Eljalill Tauschinsky,Wolfgang Weiß
The Legislative Choice Between Delegated and Implementing Acts in EU Law Book PDF

Author : Eljalill Tauschinsky,Wolfgang Weiß
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 43,9 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788115230

Get Book

The Legislative Choice Between Delegated and Implementing Acts in EU Law by Eljalill Tauschinsky,Wolfgang Weiß Pdf

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.

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 : 41,7 Mb
Release : 2023-01-16
Category : Law
ISBN : 9789004523524

Get Book

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.

Comitology

Carl Fredrik Bergström
Comitology Book PDF

Author : Carl Fredrik Bergström
Publisher : Oxford University Press, USA
Page : 440 pages
File Size : 53,7 Mb
Release : 2005
Category : Law
ISBN : UOM:39015061171040

Get Book

Comitology by Carl Fredrik Bergström Pdf

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.

Delegated Legislation and the Role of Committees in the EC

Mads Tønnesson Andenæs,Alexander Thurk
Delegated Legislation and the Role of Committees in the EC Book PDF

Author : Mads Tønnesson Andenæs,Alexander Thurk
Publisher : Springer
Page : 456 pages
File Size : 45,8 Mb
Release : 2000-05-24
Category : Law
ISBN : STANFORD:36105060217192

Get Book

Delegated Legislation and the Role of Committees in the EC by Mads Tønnesson Andenæs,Alexander Thurk Pdf

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.

Administrative Law and Policy of the European Union

Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Administrative Law and Policy of the European Union Book PDF

Author : Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Publisher : Oxford University Press
Page : 1064 pages
File Size : 41,9 Mb
Release : 2011-10-27
Category : Law
ISBN : 9780191622014

Get Book

Administrative Law and Policy of the European Union by Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk Pdf

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.

The European Parliament and Delegated Legislation

Merijn Chamon
The European Parliament and Delegated Legislation Book PDF

Author : Merijn Chamon
Publisher : Bloomsbury Publishing
Page : 233 pages
File Size : 45,7 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781509931866

Get Book

The European Parliament and Delegated Legislation by Merijn Chamon Pdf

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.

EU Administrative Law

Paul Craig
EU Administrative Law Book PDF

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 51,8 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192567451

Get Book

EU Administrative Law by Paul Craig Pdf

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.

European Union Law

Catherine Barnard,Steve Peers
European Union Law Book PDF

Author : Catherine Barnard,Steve Peers
Publisher : Oxford University Press
Page : 977 pages
File Size : 41,7 Mb
Release : 2017
Category : Law
ISBN : 9780198789130

Get Book

European Union Law by Catherine Barnard,Steve Peers Pdf

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.

Eu Executive Discretion and the Limits of Law

Joana Mendes
Eu Executive Discretion and the Limits of Law Book PDF

Author : Joana Mendes
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 50,8 Mb
Release : 2019-05
Category : Electronic
ISBN : 9780198826668

Get Book

Eu Executive Discretion and the Limits of Law by Joana Mendes Pdf

The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

The History of the European Union

Giuliano Amato,Enzo Moavero-Milanesi,Gianfranco Pasquino,Lucrezia Reichlin
The History of the European Union Book PDF

Author : Giuliano Amato,Enzo Moavero-Milanesi,Gianfranco Pasquino,Lucrezia Reichlin
Publisher : Bloomsbury Publishing
Page : 592 pages
File Size : 41,7 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781509917426

Get Book

The History of the European Union by Giuliano Amato,Enzo Moavero-Milanesi,Gianfranco Pasquino,Lucrezia Reichlin Pdf

The European Union celebrated its 60th anniversary in 2017, but celebrations were muted by Brexit and the growing sense of a crisis of identity. However, as this seminal work shows, the history and ambition of the European Union are considerable. Written by key stakeholders who, between them, acted as architects, adjudicators and arbitrators of the project, it presents the definitive history of the first two generations of the European Union. This book revisits the birth and consolidation of the great project of a united Europe and the political, institutional, judicial and economical frameworks of the European Union: from the process towards integration, to the advancements and the impasses in building a political union.

Foreign Affairs and the EU Constitution

Robert Schütze
Foreign Affairs and the EU Constitution Book PDF

Author : Robert Schütze
Publisher : Cambridge University Press
Page : 557 pages
File Size : 43,8 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107037663

Get Book

Foreign Affairs and the EU Constitution by Robert Schütze Pdf

A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.

European Union Agencies as Global Actors

Florin Coman-Kund
European Union Agencies as Global Actors Book PDF

Author : Florin Coman-Kund
Publisher : Routledge
Page : 281 pages
File Size : 49,8 Mb
Release : 2018-05-01
Category : Law
ISBN : 9781351136846

Get Book

European Union Agencies as Global Actors by Florin Coman-Kund Pdf

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.