Delegation Of Powers In The Eu Legal System
DOWNLOAD
Download Delegation Of Powers In The Eu Legal System PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Delegation Of Powers In The Eu Legal System book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Delegation Of Powers In The Eu Legal System
DOWNLOAD
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.
Rulemaking By The European Commission
DOWNLOAD
Author : Carl Fredrik Bergström
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Rulemaking By The European Commission written by Carl Fredrik Bergström 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 2016-01-21 with Law categories.
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
DOWNLOAD
Author : Gijs Jan Brandsma
language : en
Publisher: Oxford University Press
Release Date : 2017-09-01
Controlling The Eu Executive written by Gijs Jan Brandsma 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 2017-09-01 with Political Science categories.
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.
Comitology
DOWNLOAD
Author : Carl Fredrik Bergström
language : en
Publisher: Oxford University Press, USA
Release Date : 2005
Comitology written by Carl Fredrik Bergström and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
The Legislative Choice Between Delegated And Implementing Acts In Eu Law
DOWNLOAD
Author : Eljalill Tauschinsky
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-11-30
The Legislative Choice Between Delegated And Implementing Acts In Eu Law written by Eljalill Tauschinsky and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Law categories.
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.
Delegated Legislation And The Role Of Committees In The Ec
DOWNLOAD
Author : Mads Tønnesson Andenæs
language : en
Publisher: Springer
Release Date : 2000-05-24
Delegated Legislation And The Role Of Committees In The Ec written by Mads Tønnesson Andenæs and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-24 with Law categories.
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.
Law And Practices Of Delegated Rulemaking By The European Commission
DOWNLOAD
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 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.
The European Parliament And Delegated Legislation
DOWNLOAD
Author : Merijn Chamon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-03
The European Parliament And Delegated Legislation written by Merijn Chamon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Law categories.
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.
The Powers Of The Union
DOWNLOAD
Author : Fabio Franchino
language : en
Publisher: Cambridge University Press
Release Date : 2007-03-22
The Powers Of The Union written by Fabio Franchino 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 2007-03-22 with Political Science categories.
Analyses the distribution of power in the EU across levels of governance and supranational institutions.
The New Intergovernmentalism
DOWNLOAD
Author : Christopher J. Bickerton
language : en
Publisher: OUP Oxford
Release Date : 2015-07-16
The New Intergovernmentalism written by Christopher J. Bickerton and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-16 with Political Science categories.
The twenty years since the signing of the Maastricht Treaty have been marked by an integration paradox: although the scope of European Union (EU) activity has increased at an unprecedented pace, this increase has largely taken place in the absence of significant new transfers of power to supranational institutions along traditional lines. Conventional theories of European integration struggle to explain this paradox because they equate integration with the empowerment of specific supranational institutions under the traditional Community method. New governance scholars, meanwhile, have not filled this intellectual void, preferring instead to focus on specific deviations from the Community method rather than theorizing about the evolving nature of the European project. The New Intergovernmentalism challenges established assumptions about how member states behave, what supranational institutions want, and where the dividing line between high and low politics is located, and develops a new theoretical framework known as the new intergovernmentalism. The fifteen chapters in this volume by leading political scientists, political economists, and legal scholars explore the scope and limits of the new intergovernmentalism as a theory of post-Maastricht integration and draw conclusions about the profound state of political disequilibrium in which the EU operates. This book is of relevance to EU specialists seeking new ways of thinking about European integration and policy-making, and general readers who wish to understand what has happened to the EU in the two troubled decades since 1992.