Transparency In Eu Institutional Law

Author : Bart Driessen
Publisher : Kluwer Law International B.V.
Page : 408 pages
File Size : 48,7 Mb
Release : 2012-09-01
Category : Law
ISBN : 9789041141378

Get Book

Transparency in EU Institutional Law: A Practitioner’s Handbook by Bart Driessen Pdf

This book, which takes account of legal developments until June 2012, describes in detail the EU law affecting the transparency of the institutions as well as the actual practice of the European Commission, the Council and the European Parliament. The relevant practice of other institutions and bodies is also considered. Among the topics covered are: the scope and extent of public access to documents under Regulation 1049/2001; the impact on public access of Regulation 1367/2006 (the ‘Aarhus Regulation’); the procedure for applying for public access; rules on classified information; data protection and public access; the openness of decision-making, the relationship of Regulation 1049/2001 and other rules on access to documents; the law pertaining to the Official Journal; other aspects of transparency of EU decision-making, such as languages, quality of drafting and the involvement of lobbyists; remedies in Court and before the Ombudsman. Fulfilling the clear need for a practical guide to the nuts and bolts of the law and practice on transparency in the EU's institutional system, this book is written for the practitioner and indeed any party with an interest in availing of his or her rights under EU law. It is the only legal resource that serves this function and does so with élan and a matchless clarity.

Author : Adam Lazowski,Steven Blockmans
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 45,9 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782544746

Get Book

Research Handbook on EU Institutional Law by Adam Lazowski,Steven Blockmans Pdf

Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Author : Dacian C. Dragos,Polonca Kovač,Albert T. Marseille
Publisher : Springer
Page : 676 pages
File Size : 41,7 Mb
Release : 2018-07-20
Category : Political Science
ISBN : 9783319764603

Get Book

The Laws of Transparency in Action by Dacian C. Dragos,Polonca Kovač,Albert T. Marseille Pdf

This book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.

Author : Kirsi-Maria Halonen,Roberto Caranta,Albert Sanchez-Graells
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 50,6 Mb
Release : 2019
Category : POLITICAL SCIENCE
ISBN : 9781788975674

Get Book

Transparency in EU Procurements by Kirsi-Maria Halonen,Roberto Caranta,Albert Sanchez-Graells Pdf

This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.

Author : Vassilios Tountopoulos,Rüdiger Veil
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 54,5 Mb
Release : 2019-12-12
Category : Law
ISBN : 9781509925537

Get Book

Transparency of Stock Corporations in Europe by Vassilios Tountopoulos,Rüdiger Veil Pdf

This edited collection explores transparency as a key regulatory strategy in European business law. It examines the rationales, limitations and further perspectives on transparency that have emerged in various areas of European law including corporate law, capital markets law and accounting law, as well as other areas of law relevant for European (listed) stock corporations. This book presents a clear and accurate picture of the recent reforms in the European transparency regime. In doing so it endorses a multi-dimensional notion of transparency, highlighting the need for careful consideration and contextualisation of the transparency phenomenon. In addition, the book considers relevant enforcement mechanisms and discusses the implications of disparate enforcement concepts in European law from both the private and public law perspectives. Written by a team of distinguished contributors, the collection offers a comprehensive analysis of the European transparency regime by discussing the fundamentals of transparency, the role of disclosure in European business law, and related enforcement questions.

Author : European Commission
Publisher : Luxembourg : Office for Official Publications of the European Communities
Page : 32 pages
File Size : 55,6 Mb
Release : 1996
Category : Political Science
ISBN : UOM:39015040745450

Get Book

Openness and Transparency in the EU Institutions by European Commission Pdf

Author : Marios Costa
Publisher : Taylor & Francis
Page : 157 pages
File Size : 47,9 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317381082

Get Book

The Accountability Gap in EU law by Marios Costa Pdf

Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 53,7 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.

Author : Mariolina Eliantonio,Emilia Korkea-aho,Oana Stefan
Publisher : Bloomsbury Publishing
Page : 363 pages
File Size : 50,6 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509932047

Get Book

EU Soft Law in the Member States by Mariolina Eliantonio,Emilia Korkea-aho,Oana Stefan Pdf

This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.

Author : R. Daniel Kelemen
Publisher : Harvard University Press
Page : 379 pages
File Size : 43,9 Mb
Release : 2011-04-01
Category : Political Science
ISBN : 9780674061057

Get Book

Eurolegalism by R. Daniel Kelemen Pdf

Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 40,6 Mb
Release : 2017
Category : Law
ISBN : 9780198795308

Get Book

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 : Herwig C.H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Publisher : Oxford University Press
Page : 1064 pages
File Size : 51,7 Mb
Release : 2011-10-27
Category : Law
ISBN : 9780199286485

Get Book

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

This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.

Author : Ramses A Wessel,Joris Larik
Publisher : Bloomsbury Publishing
Page : 560 pages
File Size : 50,5 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781509926749

Get Book

EU External Relations Law by Ramses A Wessel,Joris Larik Pdf

The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.

Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 641 pages
File Size : 42,7 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470248

Get Book

Transparency in International Law by Andrea Bianchi,Anne Peters Pdf

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

Author : Council of Europe,European Union Agency for Fundamental Rights
Publisher : Council of Europe
Page : 402 pages
File Size : 42,5 Mb
Release : 2018-04-15
Category : Political Science
ISBN : 9789287198495

Get Book

Handbook on European data protection law by Council of Europe,European Union Agency for Fundamental Rights Pdf

The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.