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: Armin Cuyvers
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN: 9789284698806

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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.

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.

Author:
Publisher: Oxford University Press
Total Pages: 1345
Release:
Genre:
ISBN: 0198915543

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EU Law

EU Law
Author: Paul|Burca Craig (Grainne de)
Publisher: Oxford University Press
Total Pages: 1387
Release: 2024
Genre:
ISBN: 0198915500

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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.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The ABC of European Union Law

The ABC of European Union Law
Author: Klaus-Dieter Borchardt
Publisher: Office for Official Publications of the European Communities
Total Pages: 140
Release: 2010
Genre: Law
ISBN:

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Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.

Unfair Labor Practice Case Handling Manual

Unfair Labor Practice Case Handling Manual
Author: United States. Federal Labor Relations Authority. Office of the General Counsel
Publisher:
Total Pages: 224
Release: 2008
Genre: Electronic government information
ISBN:

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ReNEUAL Model Rules on EU Administrative Procedure

ReNEUAL Model Rules on EU Administrative Procedure
Author: Paul Craig
Publisher: Oxford University Press
Total Pages: 331
Release: 2017
Genre: Law
ISBN: 0198795300

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This 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.