The Legislative Choice Between Delegated and Implementing Acts in EU Law

The Legislative Choice Between Delegated and Implementing Acts in EU Law
Title The Legislative Choice Between Delegated and Implementing Acts in EU Law PDF eBook
Author Eljalill Tauschinsky
Publisher Edward Elgar Publishing
Pages 272
Release 2018-11-30
Genre Law
ISBN 1788115236

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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

Administrative Law and Policy of the European Union
Title Administrative Law and Policy of the European Union PDF eBook
Author Herwig C.H. Hofmann
Publisher Oxford University Press, USA
Pages 1064
Release 2011-10-27
Genre Law
ISBN 0199286485

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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.

Understanding EU Decision-Making

Understanding EU Decision-Making
Title Understanding EU Decision-Making PDF eBook
Author Edward Best
Publisher Springer
Pages 155
Release 2016-02-04
Genre Political Science
ISBN 3319223747

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This book presents in a concise and accessible way why the EU institutional system exists in its present form, how the EU fits into the world as a system of governance, and who is involved in EU policy processes. It outlines the historical context which has shaped the EU system, gives a summary of the system's basic principles and structures, and describes its actors, procedures and instruments. The main theme is to show that EU decision-making is not just a matter of action at some higher and separate level, of ‘them and us’, but rather that it involves different forms of cooperation between European, national and regional authorities, as well as interaction between public and private actors. Numerous short case studies illustrate how people’s day-to-day activities are affected by EU decisions, and how individuals’ concerns are represented in the decision-making process. The book provides insights and examples which will be very helpful for all students of European integration. It will also be a valuable resource for European citizens wishing to understand the basic realities and rationales, as well as some of the dilemmas, behind EU policy-making.

EU Administrative Law

EU Administrative Law
Title EU Administrative Law PDF eBook
Author Paul Craig
Publisher Oxford University Press
Pages 994
Release 2018-10-25
Genre Law
ISBN 0192567454

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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.

East African Community Law

East African Community Law
Title East African Community Law PDF eBook
Author Emmanuel Ugirashebuja
Publisher BRILL
Pages 553
Release 2017-03-06
Genre Law
ISBN 9004322078

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East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

The Constitutional Framework for Enhanced Cooperation in EU Law

The Constitutional Framework for Enhanced Cooperation in EU Law
Title The Constitutional Framework for Enhanced Cooperation in EU Law PDF eBook
Author Robert Böttner
Publisher BRILL
Pages 409
Release 2021-02-15
Genre Law
ISBN 9004459154

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The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

The European Parliament and Delegated Legislation

The European Parliament and Delegated Legislation
Title The European Parliament and Delegated Legislation PDF eBook
Author Merijn Chamon
Publisher Bloomsbury Publishing
Pages 233
Release 2022-11-03
Genre Law
ISBN 1509931872

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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.