Eu Executive Discretion And The Limits Of Law
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Author | : Joana Mendes |
Publisher | : Oxford University Press |
Total Pages | : 288 |
Release | : 2019-05-02 |
Genre | : Law |
ISBN | : 0192561332 |
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.
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.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : 9789284801848 |
Download The Boundaries of the Commission's Discretionary Powers when Handling Petitions and Potential Infringements of EU Law Book in PDF, Epub and Kindle
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.
Author | : Sanja Bogojevic |
Publisher | : Bloomsbury Publishing |
Total Pages | : 303 |
Release | : 2019-05-30 |
Genre | : Law |
ISBN | : 150991949X |
Download Discretion in EU Public Procurement Law Book in PDF, Epub and Kindle
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.
Author | : Paul Craig |
Publisher | : Oxford University Press, USA |
Total Pages | : 860 |
Release | : 2012-03-22 |
Genre | : Law |
ISBN | : 0199568626 |
Download EU Administrative Law Book in PDF, Epub and Kindle
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.
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 | : Paul Dermine |
Publisher | : Cambridge University Press |
Total Pages | : 425 |
Release | : 2022-07-28 |
Genre | : Law |
ISBN | : 1009216619 |
Download The New Economic Governance of the Eurozone Book in PDF, Epub and Kindle
An in-depth study of the Eurozone's economic governance and its constitutional foundations.
Author | : Maria Patrin |
Publisher | : Oxford University Press |
Total Pages | : 321 |
Release | : 2023-11-15 |
Genre | : Law |
ISBN | : 0198873743 |
Download Collegiality in the European Commission Book in PDF, Epub and Kindle
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.
Author | : Fernando Castillo de la Torre |
Publisher | : Edward Elgar Publishing |
Total Pages | : 535 |
Release | : 2024-03-14 |
Genre | : Law |
ISBN | : 1839108681 |
Download Evidence, Proof and Judicial Review in EU Competition Law Book in PDF, Epub and Kindle
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.
Author | : Merijn Chamon |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2022-03-10 |
Genre | : Law |
ISBN | : 0192665979 |
Download Boards of Appeal of EU Agencies Book in PDF, Epub and Kindle
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.