Participation In Eu Rule Making
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Participation In Eu Rule Making
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Author : Joana Mendes
language : en
Publisher: OUP Oxford
Release Date : 2011-04-07
Participation In Eu Rule Making written by Joana Mendes and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's White Paper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Not only the legislator, but also the Court of Justice and the Court of First Instance tend to adhere to excessively formal conceptions of participation rights that are premised on the right to be heard in individual procedures, as well as to a restrictive view regarding the relationships between the citizens and the administration. This book shows why, in the face of new regulatory developments, these conceptions are currently inadequate to ensure the legal protection of rights and interests affected by EU regulation. Combining a conceptual analysis with thorough empirical scrutiny, this book assesses the scope of participation rights in EU law against their rationales and underlying legal values. It makes a case for the extension of participation rights to new situations and new types of procedures, in particular those that would generally fall within the category of rulemaking. It brings distinct normative insights into a crucial theme of EU administrative law, and makes a topical and timely contribution to the increasingly notable theme of public participation in EU regulation. Joanna Mendes' 2009 thesis upon which Participation in EU Rule-Making is based was awarded the the European University Institute (Florence) Mauro Cappelletti Prize for the best doctoral thesis using a methodology of comparative law
Participation In Eu Rule Making
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Author : Joana Mendes
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-04-07
Participation In Eu Rule Making written by Joana Mendes 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 2011-04-07 with Law categories.
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.
Research Handbook On Eu Administrative Law
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Author : Carol Harlow
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-02-24
Research Handbook On Eu Administrative Law written by Carol Harlow 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 2017-02-24 with Law categories.
Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.
Citizen Participation In Democratic Europe
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Author : Alberto Alemanno
language : en
Publisher: ECPR Press
Release Date : 2021-02-05
Citizen Participation In Democratic Europe written by Alberto Alemanno and has been published by ECPR Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-05 with Political Science categories.
As the European Union undergoes a major, self-proclaimed democratic exercise the Conference on the Future of Europe and approaches Treaty change, this volume offers a new model of citizen participation to address Europe's long-standing democracy challenge, and respond to the aftermath of the COVID-19 pandemic. Proposed are a set of democratic innovations, ranging from citizens assemblies to regulatory gaming to citizens initiatives and lobbying, which are complementary, not antagonistic, to existing representative democracy across the European continent. These innovations are emerging bottom-up across the continent and getting traction at local, national and EU level in a new era powered by technology. This book brings together academics as well as practitioners to give a forward-looking, holistic view of the realities of EU citizen participation across the spectrum of participatory opportunities. They all converge in arguing that, after many years of proven experimentation, the EU must institutionalize supranational, participative and deliberative, democratic channels to complement representative democracy and each other, and ultimately improve the effectiveness of EU citizen participation. While this institutional approach will not magically treat the EU democratic malaise, it should make the system more intelligible, accessible, and ultimately responsive to citizen demand without necessarily undertaking Treaty reform. The attempt to harness citizen participation to help address the current EU crisis needs the type of multi-faceted approach presented in this book. One that recognises the potential of existing and new democratic mechanisms, and also, importantly, the links between different instruments of citizen participation to improve the overall quality of EU's democratic system.
The Changing Role Of Citizens In Eu Democratic Governance
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Author : Davor Jancic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-02-23
The Changing Role Of Citizens In Eu Democratic Governance written by Davor Jancic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-23 with Political Science categories.
This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contributors analyse the latest institutional initiatives, proposals and practices such as: *citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.
The Actors Of Postnational Rule Making
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Author : Elaine Fahey
language : en
Publisher: Routledge
Release Date : 2015-07-16
The Actors Of Postnational Rule Making written by Elaine Fahey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-16 with Law categories.
Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
Research Handbook On Eu Institutional Law
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Author : Adam Lazowski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-09-30
Research Handbook On Eu Institutional Law written by Adam Lazowski 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 2016-09-30 with Law categories.
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.
Rulemaking By The European Commission
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Author : Carl Fredrik Bergström
language : en
Publisher: Oxford University Press
Release Date : 2016
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 with Law categories.
Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.
From The Democratic Deficit To A Democratic Surplus
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Author : Athanasios Psygkas
language : en
Publisher: Oxford University Press
Release Date : 2017
From The Democratic Deficit To A Democratic Surplus written by Athanasios Psygkas 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 with Business & Economics categories.
Challenging the conventional narrative that the European Union suffers from a "democratic deficit," Athanasios Psygkas argues that EU mandates have enhanced the democratic accountability of national regulatory agencies. This is because EU law has created entry points for stakeholder participation in the operation of national regulators; these avenues for public participation were formerly either not open or not institutionalized to this degree. By focusing on how the EU formally adopted procedural mandates to advance the substantive goal of creating an internal market in electronic communications, Psygkas demonstrates that EU requirements have had significant implications for the nature of administrative governance in the member states. Drawing on theoretical arguments in favor of decentralization traditionally applied to substantive policy-making, this book provides insight into regulatory processes to show how the decentralized EU structure may transform national regulatory authorities into individual loci of experimentation that might in turn develop innovative results. It thus contributes to debates about federalism, governance and public policy, as well as about deliberative and participatory democracy in the United States and Europe. This book informs current understandings of regulatory agency operations and institutional design by drawing on an original dataset of public consultations and interviews with agency officials, industry and consumer group representatives in Paris, Athens, Brussels, and London. The on-the-ground original research provides a strong foundation for the directions the case law could take and small- and larger-scale institutional reforms that balance the goals of democracy, accountability, and efficiency.
Environmental Liability And The Interplay Between Eu Law And International Law
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Author : Emanuela Orlando
language : en
Publisher: Routledge
Release Date : 2023-07-24
Environmental Liability And The Interplay Between Eu Law And International Law written by Emanuela Orlando and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.