Delegation Of Powers In The Eu Legal System PDF Download
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Author | : Annalisa Volpato |
Publisher | : |
Total Pages | : |
Release | : 2022 |
Genre | : Delegation of powers |
ISBN | : 9781032004044 |
Download Delegation of Powers in the EU Legal System Book in PDF, ePub and Kindle
"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"--
Author | : Carl Fredrik Bergström |
Publisher | : Oxford University Press |
Total Pages | : 315 |
Release | : 2016-01-22 |
Genre | : Law |
ISBN | : 019100846X |
Download Rulemaking by the European Commission Book in PDF, ePub and Kindle
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.
Author | : Annalisa Volpato |
Publisher | : Routledge |
Total Pages | : 327 |
Release | : 2022-03-29 |
Genre | : Law |
ISBN | : 1000563464 |
Download Delegation of Powers in the EU Legal System Book in PDF, ePub and Kindle
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.
Author | : Gijs Jan Brandsma |
Publisher | : Oxford University Press |
Total Pages | : 240 |
Release | : 2017-09-01 |
Genre | : Political Science |
ISBN | : 0191080802 |
Download Controlling the EU Executive? Book in PDF, ePub and Kindle
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.
Author | : Eljalill Tauschinsky |
Publisher | : Edward Elgar Publishing |
Total Pages | : 272 |
Release | : 2018-11-30 |
Genre | : Law |
ISBN | : 1788115236 |
Download The Legislative Choice Between Delegated and Implementing Acts in EU Law Book in PDF, ePub and Kindle
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.
Author | : Zamira Xhaferri |
Publisher | : BRILL |
Total Pages | : 384 |
Release | : 2023-01-16 |
Genre | : Law |
ISBN | : 9004523529 |
Download Law and Practices of Delegated Rulemaking by the European Commission Book in PDF, ePub and Kindle
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.
Author | : Fabio Franchino |
Publisher | : Cambridge University Press |
Total Pages | : 313 |
Release | : 2007-03-22 |
Genre | : Political Science |
ISBN | : 0521866421 |
Download The Powers of the Union Book in PDF, ePub and Kindle
Analyses the distribution of power in the EU across levels of governance and supranational institutions.
Author | : Carl Fredrik Bergström |
Publisher | : Oxford University Press, USA |
Total Pages | : 440 |
Release | : 2005 |
Genre | : Law |
ISBN | : |
Download Comitology Book in PDF, ePub and Kindle
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.
Author | : Mads Tønnesson Andenæs |
Publisher | : Springer |
Total Pages | : 456 |
Release | : 2000-05-24 |
Genre | : Law |
ISBN | : |
Download Delegated Legislation and the Role of Committees in the EC Book in PDF, ePub and Kindle
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.
Author | : Merijn Chamon |
Publisher | : Bloomsbury Publishing |
Total Pages | : 233 |
Release | : 2022-11-03 |
Genre | : Law |
ISBN | : 1509931864 |
Download The European Parliament and Delegated Legislation Book in PDF, ePub and Kindle
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.