Participation In Eu Rule Making

Author : Joana Mendes
Publisher : OUP Oxford
Page : 544 pages
File Size : 48,9 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780191616693

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Participation in EU Rule-making by Joana Mendes Pdf

The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's White Paper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Not only the legislator, but also the Court of Justice and the Court of First Instance tend to adhere to excessively formal conceptions of participation rights that are premised on the right to be heard in individual procedures, as well as to a restrictive view regarding the relationships between the citizens and the administration. This book shows why, in the face of new regulatory developments, these conceptions are currently inadequate to ensure the legal protection of rights and interests affected by EU regulation. Combining a conceptual analysis with thorough empirical scrutiny, this book assesses the scope of participation rights in EU law against their rationales and underlying legal values. It makes a case for the extension of participation rights to new situations and new types of procedures, in particular those that would generally fall within the category of rulemaking. It brings distinct normative insights into a crucial theme of EU administrative law, and makes a topical and timely contribution to the increasingly notable theme of public participation in EU regulation. Joanna Mendes' 2009 thesis upon which Participation in EU Rule-Making is based was awarded the the European University Institute (Florence) Mauro Cappelletti Prize for the best doctoral thesis using a methodology of comparative law

Author : Carl Fredrik Bergström,Dominique Ritleng
Publisher : Oxford University Press
Page : 315 pages
File Size : 42,8 Mb
Release : 2016-01-22
Category : Law
ISBN : 9780191008467

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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.

Author : Elaine Fahey
Publisher : Routledge
Page : 273 pages
File Size : 52,7 Mb
Release : 2015-07-16
Category : Law
ISBN : 9781317515852

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The Actors of Postnational Rule-Making by Elaine Fahey Pdf

Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

Author : Edward Best
Publisher : Springer
Page : 136 pages
File Size : 49,7 Mb
Release : 2016-02-04
Category : Political Science
ISBN : 9783319223742

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Understanding EU Decision-Making by Edward Best Pdf

This book presents in a concise and accessible way why the EU institutional system exists in its present form, how the EU fits into the world as a system of governance, and who is involved in EU policy processes. It outlines the historical context which has shaped the EU system, gives a summary of the system's basic principles and structures, and describes its actors, procedures and instruments. The main theme is to show that EU decision-making is not just a matter of action at some higher and separate level, of ‘them and us’, but rather that it involves different forms of cooperation between European, national and regional authorities, as well as interaction between public and private actors. Numerous short case studies illustrate how people’s day-to-day activities are affected by EU decisions, and how individuals’ concerns are represented in the decision-making process. The book provides insights and examples which will be very helpful for all students of European integration. It will also be a valuable resource for European citizens wishing to understand the basic realities and rationales, as well as some of the dilemmas, behind EU policy-making.

Author : Edward Best
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2014
Category : Law
ISBN : 9292030264

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EU Law-Making in Principle and Practice by Edward Best Pdf

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

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 45,7 Mb
Release : 2017
Category : Law
ISBN : 9780198795308

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ReNEUAL Model Rules on EU Administrative Procedure by Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller Pdf

The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Author : Charles F. Sabel,Jonathan Zeitlin
Publisher : OUP Oxford
Page : 385 pages
File Size : 42,6 Mb
Release : 2010-02-25
Category : Political Science
ISBN : 9780191610189

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Experimentalist Governance in the European Union by Charles F. Sabel,Jonathan Zeitlin Pdf

This book advances a novel interpretation of EU governance. Its central claim is that the EU's regulatory successes within-and increasingly beyond-its borders rest on the emergence of a recursive process of framework rule making and revision by European and national actors across a wide range of policy domains. In this architecture, framework goals and measures for gauging their achievement are established by joint action of the Member States and EU institutions. Lower-level units are given the freedom to advance these ends as they see fit. But in return for this autonomy, they must report regularly on their performance and participate in a peer review in which their results are compared with those of others pursuing different means to the same general ends. The framework goals, performance measures, and decision-making procedures are themselves periodically revised by the actors, including new participants whose views come to be seen as indispensable to full and fair deliberation. The editors' introduction sets out the core features of this experimentalist architecture and contrasts it to conventional interpretations of EU governance, especially the principal-agent conceptions underpinning many contemporary theories of democratic sovereignty and effective, legitimate law making. Subsequent chapters by an interdisciplinary group of European and North American scholars explore the architecture's applicability across a series of key policy domains, including data privacy, financial market regulation, energy, competition, food safety, GMOs, environmental protection, anti-discrimination, fundamental rights, justice and home affairs, and external relations. Their authoritative studies show both how recent developments often take an experimentalist turn but also admit of multiple, contrasting interpretations or leave open the possibility of reversion to more familiar types of governance. The results will be indispensable for all those concerned with the nature of the EU and its contribution to contemporary governance beyond the nation-state.

Author : Committee of the Regions
Publisher : Unknown
Page : 368 pages
File Size : 55,6 Mb
Release : 2005
Category : Political Science
ISBN : STANFORD:36105122162071

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Procedures for Local and Regional Authority Participation in European Policy Making in the Member States by Committee of the Regions Pdf

Author : Tamara Takács
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 45,9 Mb
Release : 2009
Category : Law
ISBN : 9067046035

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Participation in EU Decision Making by Tamara Takács Pdf

This book explores the European Union decision-making processes from the perspective of the Member States. The participation of Member States in these procedures poses serious tasks and challenges for their national institutions (i.e., governments and parliaments) and requires significant institutional and operational adaptation. The book offers a detailed account of the decision-making processes in the first, Community pillar of the EU and an insight into the general practices of some Member States participating therein. The analysis then turns to specific practical experiences in both the domestic and Brussels arena, through a detailed case study on Hungary, a relatively new Member State. The book is a valuable tool for academics and researchers in the fields of European Constitutional/Institutional law, European politics, Comparative Constitutional law, European and Comparative Public Administration. It is also of interest for national civil servants dealing with EU affairs or organisations training national civil servants for the coordination of EU policies, the representation of the national position in Brussels and the implementation of European Union law at the national level. Tamara Takacs is presently working as a Lecturer International and European Institutional Law at the Utrecht University School of Law in The Netherlands. She is a member of the Ius Commune Research School (The Netherlands), and the European Union Studies Association (EUSA).

Author : Tamara Takács
Publisher : T.M.C. Asser Press
Page : 408 pages
File Size : 43,5 Mb
Release : 2009-04-02
Category : Law
ISBN : 9067042943

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Participation in EU Decision Making by Tamara Takács Pdf

parliament in the conduct of European affairs and the operation of the Hungarian Permanent Representation to the EU are meticulously mapped out. The same holds true for the last stage of the co-actorship cycle, the phase of implementation. Previous academic (comparative) research in relation to the accession of the C- tral and Eastern European Countries was primarily focused on the constitutional adaptations. While the present study certainly starts with presenting the Hungarian constitutional context, it is going far beyond that by examining and evaluating the national legislative and administrative structures and mechanisms. In particular in relation to that last aspect, the study can be characterised as pioneering work. For Hungary – but probably also for many other countries – in a number of respects, the author has conducted unique research, based on empirical data and on not pre- ously collected and analysed government and parliament documents. This book is warmly recommended to anybody interested in the, until now, little explored and partly also practical implications of EU-membership of, in particular, the post-communist countries.

Author : Olivier Costa
Publisher : Springer
Page : 475 pages
File Size : 51,5 Mb
Release : 2018-11-24
Category : Political Science
ISBN : 9783319973913

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The European Parliament in Times of EU Crisis by Olivier Costa Pdf

This book assesses the many changes that have occurred within the European Parliament and in its external relations since the Lisbon treaty (2009) and the last European elections (2014). It is undoubtedly the institution that has evolved the most since the 1950s. Despite the many crises experienced by European integration in the last years, the Parliament is still undergoing important changes in its formal competences, its influence on policy-making, its relations with other EU institutions, its internal organisation and its internal political dynamics. Every contribution deals with the most recent aspects of these evolutions and addresses overlooked topics, providing an overview of the current state of play which challenges the mainstream intergovernmental approach of the EU. This project results from research conducted at the Department of European Political and Governance Studies of the College of Europe. Individual research of several policy analysts of the European Parliamentary Research Service (EPRS) have contributed to this endeavour.

Author : Pascal Fontaine
Publisher : Unknown
Page : 106 pages
File Size : 50,9 Mb
Release : 2018
Category : Electronic
ISBN : 9279715623

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Europe in 12 Lessons by Pascal Fontaine Pdf

What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.

Author : Elaine Fahey
Publisher : Taylor & Francis
Page : 167 pages
File Size : 44,9 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781315524085

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The Global Reach of EU Law by Elaine Fahey Pdf

The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 43,5 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192567451

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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.

Author : OECD
Publisher : OECD Publishing
Page : 202 pages
File Size : 55,9 Mb
Release : 2022-06-28
Category : Electronic
ISBN : 9789264608535

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Better Regulation Practices across the European Union 2022 by OECD Pdf

Laws and regulations affect the daily lives of businesses and citizens. It is important that they are designed in a way that takes account of their social, environmental and business impacts and ensures they remain relevant in today’s fast-changing context. The second edition of the Better Regulation Practices across the European Union report analyses recent developments and current practices for improving the quality of laws and regulations across all 27 EU Member States and the European Union.