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Author: Carl Fredrik Bergström
Publisher: Oxford University Press
Published: 2016
Total Pages: 321
ISBN-13: 0198703236
DOWNLOAD EBOOKExamining 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.
Author: Zamira Xhaferri
Publisher: BRILL
Published: 2023-01-16
Total Pages: 384
ISBN-13: 9004523529
DOWNLOAD EBOOKThis 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: Anu Bradford
Publisher: Oxford University Press
Published: 2020-01-27
Total Pages: 368
ISBN-13: 0190088605
DOWNLOAD EBOOKFor many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
Author: Paul Craig
Publisher: Oxford University Press
Published: 2017
Total Pages: 331
ISBN-13: 0198795300
DOWNLOAD EBOOKThis book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Author: Carl Fredrik Bergström
Publisher: Oxford University Press
Published: 2016-01-22
Total Pages: 321
ISBN-13: 019100846X
DOWNLOAD EBOOKThe 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: Michael Kaeding
Publisher:
Published: 2017
Total Pages: 33
ISBN-13:
DOWNLOAD EBOOKThis article examines the European Parliament’s and Council of Minister’s use of post-Lisbon legislative vetoes to override the European Commission’s rulemaking. Using an original data set of legislative vetoes of Commission acts by both European legislators from December 2009 - April 2017, the contribution shows that levels of the formal exercise of the legislative veto to overrule the Commission’s regulatory policies are very low. Particularly interesting, the level of exercise of legislative veto provisions has not increased significantly since the Lisbon Treaty came into effect, suggesting that the ways in which the Treaty formally augmented the powers of legislative scrutiny have not resulted in appreciably greater formal exercise of these powers ultima ratio. Moreover, no significant differences appear between the Council of Ministers and the European Parliament.
Author: Nikolaus Thumm
Publisher: Springer Science & Business Media
Published: 2013-03-09
Total Pages: 169
ISBN-13: 3662121018
DOWNLOAD EBOOKThis book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.
Author: P. Moser
Publisher: Springer
Published: 2016-04-30
Total Pages: 315
ISBN-13: 1349627925
DOWNLOAD EBOOKThis book brings together scholars from economic and political science to study the interactions within the European Union from a strategic or rational choice perspective. The contributors seek to understand the relationship between member states and competing European institutions. The book focuses on the horizontal checks and balances including the countervailing forces of legislative, regulatory, bureaucratic, and constitutional decision-making. Other examinations analyze the vertical structures, in particular the impact of the federal distributions of power on policy choices.
Author: Joana Mendes
Publisher: Oxford University Press, USA
Published: 2011-04-07
Total Pages: 545
ISBN-13: 0199599769
DOWNLOAD EBOOKThe 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.
Author: Vesna Tomljenović
Publisher: Springer
Published: 2017-12-28
Total Pages: 316
ISBN-13: 3662479621
DOWNLOAD EBOOKThis book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.
