Delegation Of Powers In The Eu Legal System
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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 Legislative Choice Between Delegated And Implementing Acts In Eu Law
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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.
Administrative Law And Policy Of The European Union
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Author : Herwig C.H. Hofmann
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-10-27
Administrative Law And Policy Of The European Union written by Herwig C.H. Hofmann 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 2011-10-27 with Law categories.
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.
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.
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.
The European Parliament And Delegated Legislation
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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.
Private Regulation And Enforcement In The Eu
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Author : Madeleine de Cock Buning
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-25
Private Regulation And Enforcement In The Eu written by Madeleine de Cock Buning and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Law categories.
Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.
Eu Executive Discretion And The Limits Of Law
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Author : Joana Mendes
language : en
Publisher:
Release Date : 2019
Eu Executive Discretion And The Limits Of Law written by Joana Mendes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Business & Economics categories.
This edited collection analyses how the law governs, and should govern, the exercise of discretion by the EU's executive powers, in light of post-2010 developments which have expanded such powers.
Judicial Review In The European Union
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Author : Alexander H. Türk
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-06-09
Judicial Review In The European Union written by Alexander H. Türk 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 2025-06-09 with Law categories.
This book delivers a comprehensive analysis of the various avenues for judicial review in EU law. Alexander Türk sets out the diverse actions available to litigants, dissects current regulations and procedures, and traces the evolution of the functions of judicial review in the Union’s legal system. Coverage includes; actions for annulment, standing requirements, pleas of illegality and interim relief. Also analysed are the attempts to widen direct access to EU courts within the current decentralised system.
Foreign Affairs And The Eu Constitution
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Author : Robert Schütze
language : en
Publisher: Cambridge University Press
Release Date : 2014-10-16
Foreign Affairs And The Eu Constitution written by Robert Schütze 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 2014-10-16 with Law categories.
A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.