Rulemaking By The European Commission

Author : Carl Fredrik Bergström,Dominique Ritleng
Publisher : Oxford University Press
Page : 315 pages
File Size : 48,5 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 : Zamira Xhaferri
Publisher : BRILL
Page : 384 pages
File Size : 52,7 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.

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 54,5 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 : R. Eljalill Tauschinsky
Publisher : Springer Nature
Page : 221 pages
File Size : 46,5 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.

Author : Anu Bradford
Publisher : Oxford University Press, USA
Page : 425 pages
File Size : 53,7 Mb
Release : 2020
Category : Influence (Literary, artistic, etc.).
ISBN : 9780190088583

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The Brussels Effect by Anu Bradford Pdf

The Brussels Effect offers a novel account of the EU by challenging the view that it is a declining world power. Anu Bradford explains how the EU exerts global influence through its ability to unilaterally regulate the global marketplace without the need to engage in neither international cooperation nor coercion.

Author : Carl Fredrik Bergström,Dominique Ritleng
Publisher : Oxford University Press
Page : 315 pages
File Size : 49,7 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191008474

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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 : European Commission of Human Rights
Publisher : Unknown
Page : 88 pages
File Size : 47,7 Mb
Release : 1962
Category : Electronic
ISBN : UVA:X030346453

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Rules of Procedure of the European Commission of Human Rights by European Commission of Human Rights 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

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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.

Author : Adrienne Héritier,Catherine Moury,Carina S. Bischoff,Carl Fredrik Bergström
Publisher : OUP Oxford
Page : 192 pages
File Size : 52,8 Mb
Release : 2013-01-31
Category : Political Science
ISBN : 9780199653621

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Changing Rules of Delegation by Adrienne Héritier,Catherine Moury,Carina S. Bischoff,Carl Fredrik Bergström Pdf

Changing Rules of Delegation shows how institutional rules are constantly re-negotiated and may lead to a power-shift between the concerned actors. It particularly shows how the European Parliament has been able to shift the power balance in its own favour.

Author : Constantin Ardeleanu
Publisher : BRILL
Page : 393 pages
File Size : 51,5 Mb
Release : 2020-02-25
Category : History
ISBN : 9789004425965

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The European Commission of the Danube, 1856-1948 by Constantin Ardeleanu Pdf

The history of the world’s second international organisation, an innovative techno-political institution established by Europe’s Concert of Powers to remove insecurity from the Lower Danube.

Author : Charles F. Sabel,Jonathan Zeitlin
Publisher : Oxford University Press on Demand
Page : 385 pages
File Size : 45,7 Mb
Release : 2010-02-25
Category : Law
ISBN : 9780199572496

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

This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.

Author : Petros C. Mavroidis,Mark Wu
Publisher : West Academic Publishing
Page : 0 pages
File Size : 45,6 Mb
Release : 2013
Category : Foreign trade regulation
ISBN : 0314287213

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The Law of the World Trade Organization (WTO) by Petros C. Mavroidis,Mark Wu Pdf

This volume discusses the law of the World Trade Organization (WTO), the global forum for trade liberalization. It discusses in exhaustive manner the legal framework governing international trade that evolves out of the treaty regime and elaborates upon the major case law issued by the WTO. It further includes references to academic scholarship critiquing the caselaw, as well as discussions of the economic and political science theories of how WTO law is shaped.

Author : Joana Mendes
Publisher : Oxford University Press
Page : 545 pages
File Size : 51,7 Mb
Release : 2011-04-07
Category : Law
ISBN : 9780199599769

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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. This book assesses the scope of legal rights to participate in EU rulemaking, criticising their limited application by the European courts and presenting a legal argument for their extension.

Author : Maria Patrin
Publisher : Oxford University Press
Page : 321 pages
File Size : 45,9 Mb
Release : 2023-12-07
Category : Law
ISBN : 9780198873723

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Collegiality in the European Commission by Maria Patrin Pdf

Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making -- from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.

Author : Nikolaus Thumm
Publisher : Springer Science & Business Media
Page : 187 pages
File Size : 41,5 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.