EU Executive Discretion and the Limits of Law

EU Executive Discretion and the Limits of Law
Author: Joana Mendes
Publisher: Oxford University Press
Total Pages: 288
Release: 2019-05-02
Genre: Law
ISBN: 0192561332

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The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

EU Executive Discretion and the Limits of Law

EU Executive Discretion and the Limits of Law
Author: Joana Mendes
Publisher: Oxford University Press
Total Pages: 288
Release: 2019-05-02
Genre: Law
ISBN: 0192561340

Download EU Executive Discretion and the Limits of Law Book in PDF, Epub and Kindle

The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

The Boundaries of the Commission's Discretionary Powers when Handling Petitions and Potential Infringements of EU Law

The Boundaries of the Commission's Discretionary Powers when Handling Petitions and Potential Infringements of EU Law
Author:
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN: 9789284801848

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This study commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the Committee on Petitions (PETI) analyses the legal limits on the discretion of the Commission when deciding to launch, or not to launch, an infringement action, especially in response to a petition. In addition, it assesses how the Commission uses this discretion in practice, and formulates recommendations on improved political collaboration between the European Parliament and the Commission, in the interest of EU citizens.

Discretion in EU Public Procurement Law

Discretion in EU Public Procurement Law
Author: Sanja Bogojevic
Publisher: Bloomsbury Publishing
Total Pages: 303
Release: 2019-05-30
Genre: Law
ISBN: 150991949X

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The EU public procurement regime has recently undergone an overhaul and now allows Member States and their contracting authorities to pursue strategic goals via public procurement, including environmental and social objectives. The extent to which such interests may be accommodated in the procurement process is ultimately determined by the broader legal context in which the EU public procurement regime exists, which raises pressing questions regarding the scope and limits of Member States' discretion. This volume scrutinises these new legal acts – particularly Directive 2014/24/EU – focusing on discretion and engaging with questions central to the public procurement regime against the EU legal backdrop, including internal market law and environment law, as well as law beyond the EU.

EU Administrative Law

EU Administrative Law
Author: Paul Craig
Publisher: Oxford University Press, USA
Total Pages: 860
Release: 2012-03-22
Genre: Law
ISBN: 0199568626

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This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.

The Powers of the Union

The Powers of the Union
Author: Fabio Franchino
Publisher: Cambridge University Press
Total Pages: 313
Release: 2007-03-22
Genre: Political Science
ISBN: 0521866421

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Analyses the distribution of power in the EU across levels of governance and supranational institutions.

The New Economic Governance of the Eurozone

The New Economic Governance of the Eurozone
Author: Paul Dermine
Publisher: Cambridge University Press
Total Pages: 425
Release: 2022-07-28
Genre: Law
ISBN: 1009216619

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An in-depth study of the Eurozone's economic governance and its constitutional foundations.

Collegiality in the European Commission

Collegiality in the European Commission
Author: Maria Patrin
Publisher: Oxford University Press
Total Pages: 321
Release: 2023-11-15
Genre: Law
ISBN: 0198873743

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Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.

Evidence, Proof and Judicial Review in EU Competition Law

Evidence, Proof and Judicial Review in EU Competition Law
Author: Fernando Castillo de la Torre
Publisher: Edward Elgar Publishing
Total Pages: 535
Release: 2024-03-14
Genre: Law
ISBN: 1839108681

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In this thoroughly revised new edition of what quickly became the authoritative work when first published in 2017, Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced litigators in EU competition law, update their systematic analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law.

Boards of Appeal of EU Agencies

Boards of Appeal of EU Agencies
Author: Merijn Chamon
Publisher: Oxford University Press
Total Pages: 369
Release: 2022-03-10
Genre: Law
ISBN: 0192665979

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While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.