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Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Published: 2020-05-29
Total Pages: 360
ISBN-13: 1789905427
DOWNLOAD EBOOKControlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.
Author: Merijn Chamon
Publisher: Oxford University Press
Published: 2016
Total Pages: 433
ISBN-13: 0198784481
DOWNLOAD EBOOKProviding the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification?
Author: Dominique Ritleng
Publisher: Oxford University Press
Published: 2016-02-12
Total Pages: 242
ISBN-13: 0191082449
DOWNLOAD EBOOKAs EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.
Author: Annalisa Volpato
Publisher: Routledge
Published: 2022-03-29
Total Pages: 327
ISBN-13: 1000563464
DOWNLOAD EBOOKThe 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: Miroslava Scholten
Publisher: Edward Elgar Publishing
Published: 2017-11-24
Total Pages: 401
ISBN-13: 1786434636
DOWNLOAD EBOOKEU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Author: Pascal Fontaine
Publisher:
Published: 2017
Total Pages: 114
ISBN-13: 9789279535901
DOWNLOAD EBOOKAuthor: Herwig C.H. Hofmann
Publisher: Edward Elgar Publishing
Published: 2019
Total Pages: 256
ISBN-13: 1788973755
DOWNLOAD EBOOKThis timely book addresses urgent questions about the external actions of the EU’s decentralized agencies and their effects, such as how they should be conceptualized and assessed, and how these agencies can and should be governed in the future. Bringing together pioneering interdisciplinary work from European legal and political scholars, the book combines theory with empirical case studies to explore an underdeveloped field and identify a future research agenda. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author: Violeta Moreno Lax
Publisher: Oxford Studies in European Law
Published: 2017
Total Pages: 0
ISBN-13: 9780198701002
DOWNLOAD EBOOKEurope is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
Author: Anna Wetter
Publisher: SIPRI Research Reports
Published: 2009
Total Pages: 190
ISBN-13: 019954896X
DOWNLOAD EBOOKThis report identifies and assesses the role that national law enforcement actors and public prosecutors in the EU member states play in helping prevent the proliferation of weapons of mass destruction (WMD) by stopping the illicit trade in dual-use items. In the 1980s and 1990s, some EU member states discovered cases of illegal trade in sensitive items for use in, for example, the Pakistani nuclear weapon programme. The report discusses how these cases were dealt with in these countries, using a case study model. Acknowledging that dual-use goods are subject to the free movement of goods within the EU, the report emphasizes the importance of coordinating customs and licensing standards among the EU member states to prevent abuse of the EU market for 'licence shopping'. It also presents the argument for the coordination of prosecution and penalties for offenders. In order to show the level of coordination that is required, the report provides an overview of both the international, EU and national legal frameworks for control of the export of dual-use goods.
Author: Miroslava Scholten
Publisher: Martinus Nijhoff Publishers
Published: 2015-01-27
Total Pages: 507
ISBN-13: 9004262997
DOWNLOAD EBOOKThe Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.
