A Fiduciary Approach To Delegated And Implementing Rule Making In The Eu
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A Fiduciary Approach To Delegated And Implementing Rule Making In The Eu
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Author : R. Eljalill Tauschinsky
language : en
Publisher: Springer Nature
Release Date : 2019-11-10
A Fiduciary Approach To Delegated And Implementing Rule Making In The Eu written by R. Eljalill Tauschinsky and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-10 with Law categories.
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.
Law And Practices Of Delegated Rulemaking By The European Commission
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Author : Zamira Xhaferri
language : en
Publisher: BRILL
Release Date : 2023-01-16
Law And Practices Of Delegated Rulemaking By The European Commission written by Zamira Xhaferri and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-16 with Law categories.
This book examines the law and practice of the delegation of rulemaking powers to the European Commission. It combines legal doctrine with empirical research methods to bridge the gap between “law on the books” and “law in action” to fully appreciate the meaning and the impact of the changes post-Lisbon. The results of the empirical case study provide food for thought on how the current legal framework regime for delegated rulemaking by the European Commission could be improved. The findings seek to contribute to the academic and policy debates on this research topic that is likely to continue in forthcoming years.
Delegation Of Powers In The Eu Legal System
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Author : Annalisa Volpato
language : en
Publisher: Routledge
Release Date : 2022-03-29
Delegation Of Powers In The Eu Legal System written by Annalisa Volpato and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-29 with Law categories.
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.
The Constitutional Framework For Enhanced Cooperation In Eu Law
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Author : Robert Böttner
language : en
Publisher: BRILL
Release Date : 2021-02-15
The Constitutional Framework For Enhanced Cooperation In Eu Law written by Robert Böttner and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
Enhanced Cooperation allows a group of Member States to use the EU’s competences and institutions to pursue a project within the Union’s framework that is binding only on the participating States while remaining an EU act. Introduced by the Amsterdam Treaty, this tool of flexible integration was not used until 2010. In The Constitutional Framework for Enhanced Cooperation in EU Law, Robert Böttner analyses the primary-law framework of this flexibility tool. On the basis of profound literature review and against the background of recent Member State practice, the author redefines the constitutional rules of Enhanced Cooperation. He draws conclusions on this tool’s legal limits, but also its potential for European integration.
The European Commission S Toleration Of Noncompliance With Eu Law
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Author : Yaning Zhang
language : en
Publisher: Oxford University Press
Release Date : 2025-03-06
The European Commission S Toleration Of Noncompliance With Eu Law written by Yaning Zhang and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-06 with Political Science categories.
EU law is widely recognized as the backbone of European integration. As 'the Guardian of the Treaties', the European Commission is expected to enforce EU law relentlessly and meticulously. Noncompliance by Member States, however, is not always prosecuted by the supranational guardian; instead, supranational enforcement by the Commission is known to be selective and strategic. In this book, Yaning Zhang argues that such forbearance is driven by divergent enforcement rationales. He assumes that the Commission, when enforcing EU law, is a hybrid institution of a political agent and a judicial trustee. The enforcement incentives of the Commission are to advance its legislative and political agenda and to safeguard the stability of the EU legal order, respectively. When these two incentives interact, it leads to four ideal types of toleration of noncompliance with EU Law by the Commission. Guided by the proposed typology, the book traces four cases of enforcement leniency concerning restrictive measures against pharmaceutical parallel trade, opaque defence procurement, degrading practices towards irregular migrants, and discriminatory regulation over car tolls. These cases demonstrate that the Commission's strategic enforcement is not driven by a singular or merely egocentric logic but by different configurations of divergent enforcement incentives. Naturally, the normative quality of individual types of forbearance is also rather diverse. With its novel typology and in-depth empirical evidence, The European Commission's Toleration of Noncompliance with EU Law offers a new way of understanding the complex interplay between law and politics in the EU.
The Politics Of Delegation
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Author : Alec Stone Sweet
language : en
Publisher: Routledge
Release Date : 2004-08-02
The Politics Of Delegation written by Alec Stone Sweet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-02 with Political Science categories.
There is a growing interest in delegation to non-majoritarian institutions in Europe, following both the spread of principal-agent theory in political science and law and increasing delegation in practice. During the 1980s and 1990s, governments and parliaments in West European nations have delegated powers and functions to non-majoritarian bodies - the EU, independent central banks, constitutional courts and independent regulatory agencies. Whereas elected policymakers had been increasing their roles over several decades, delegation involves a remarkable reversal or at least transformation of their position. This volume examines key issues about the politics of delegation: how and why delegation has taken place; the institutional design of delegation to non-majoritarian institutions; the consequences of delegation to non-majoritarian institutions; the legitimacy of non-majoritarian institutions. The book addresses these questions both theoretically and empirically, looking at central areas of political life - central banking, the EU, the increasing role of courts and the establishment and impacts of independent regulatory agencies.
Principles Of Financial Regulation
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Author : John Armour
language : en
Publisher: Oxford University Press
Release Date : 2016-08-04
Principles Of Financial Regulation written by John Armour and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-04 with Law categories.
The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.
Commission Loyalty
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Author : Ruth Eljalill Tauschinsky
language : en
Publisher:
Release Date : 2016
Commission Loyalty written by Ruth Eljalill Tauschinsky and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The non-representative character of the Commission’s powers has been used to level criticism at Commission acts. I review the Commission’s power to adopt some of the most important and numerous EU acts, namely delegated and implementing acts. These acts often take direct effect on the persons within the Member States. The question I ask is how the Commission’s power to adopt acts that legally bind the persons within the Member States can be justified normatively? I explain the most pervasive characteristics of the adoption of delegated and implementing acts, as well as their conceptual categorisation. I argue that delegated and implementing rule-making should be understood in the framework of institutional trust. The relation of institutional trust can in legal terms best be depicted under the framework of fiduciary law. The Commission here takes the role of fiduciary to the persons subject to delegated and implementing acts as beneficiaries. As a result, the Commission is under a duty of loyalty towards these persons. I argue that for this, the EU duty of loyalty should be expanded to include a Commission duty of disinterestedness and fairness. These should be operationalised through giving an account of its motives, and through greater transparency regarding the participation of interested groups in the adoption procedure. These procedures are only a small extension of already existing Commission obligations. However, reforming them as an expression of loyalty is able to re-invent the relation between the Commission and the persons subject to its acts.
Comparative Company Law
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Author : Andreas Cahn
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04
Comparative Company Law written by Andreas Cahn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-04 with Law categories.
Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
The Foundations Of Anglo American Corporate Fiduciary Law
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Author : David Kershaw
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-23
The Foundations Of Anglo American Corporate Fiduciary Law written by David Kershaw and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Business & Economics categories.
Explores the foundations and evolution of corporate fiduciary law in the United States and the United Kingdom.