Process And Procedure In Eu Administration

Author: Carol Harlow
Publisher: Bloomsbury Publishing
ISBN: 1782255761
Size: 13.68 MB
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This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.

Reneual Model Rules On Eu Administrative Procedure

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192514539
Size: 77.66 MB
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The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Reneual Model Rules On Eu Administrative Procedure

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192514539
Size: 57.65 MB
Format: PDF
View: 5648
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The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Uniformity Of Customs Administration In The European Union

Author: Kathrin Limbach
Publisher: Bloomsbury Publishing
ISBN: 1782256733
Size: 19.21 MB
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Uniform customs administration is of great importance for the EU and the competitiveness of EU businesses in global trade. However, the EU's so-called executive federalism raises the potential for the non-uniform application of EU customs law. This problem has already arisen in the European Communities – Selected Customs Matters WTO dispute settlement. Therefore, the central research question of this book concerns the challenge presented to executive federalism in the EU Customs Union by the WTO. It also examines those safeguard measures for uniform customs administration which are in operation. Valuable empirical analysis of the decision-making procedures and practices of the national customs authorities allows for the fullest understanding of the operation of the customs administration. An important feature of the exploration is its analysis of the reform of EU customs law and of the effectiveness of the European Union's strategies to enhance uniform customs administration. That analysis helps to identify potential weak points in the decentralised administration of EU customs law and suggests ways in which it might be improved. Scholarly, rigorous and timely, this important study will be required reading for all scholars of EU customs law.

International Antitrust Law Policy Fordham Corporate Law 2004

Author: Barry E. Hawk
Publisher: Juris Publishing, Inc.
ISBN: 1578232074
Size: 68.42 MB
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"This volume contains articles and panel discussions delivered during the Thirty-first Annual Fordham Corporate Law Institute Conference on International Antitrust Law & Policy in New York City on October 7 and 8, 2004".

The European Commission

Author: Michelle Cini
Publisher: Manchester University Press
ISBN: 9780719041495
Size: 70.66 MB
Format: PDF
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Of all the organisations that shape our political environment, the European Commission is perhaps the most maligned and least understood. Complex and sometimes confusing, the Commission performs a variety of functions at the European level that often fail to fit familiar categories of administration, international organisation or governance.

The Nature Of Inquisitorial Processes In Administrative Regimes

Author: Laverne Jacobs
Publisher: Routledge
ISBN: 1317023315
Size: 75.14 MB
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‘Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Ready For Europe

Author: Barbara Nunberg
Publisher: World Bank Publications
ISBN: 9780821347379
Size: 49.39 MB
Format: PDF
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As the ongoing political and economic transition in the Central and Eastern Europe countries (CEE) moves into the next century, the most advanced countries in the region are preparing to deal with their prospective entry into the European Union. More a process than an event, joining the EU is likely to place heightened demands on public administrations throughout the region. To assist these countries with their efforts, the Bank conducted a study of the regions. The results of that study are included in this volume.'Ready for Europe' specifies and clarifies the administrative requirements of accession. The author uses in-depth case studies for three pre-accession countries, Estonia, Hungary, and the Czech Republic to make these specifications. The book defines the performance level countries will need to attain for a range of administrative tasks so the countries may reach a minimal threshold for EU membership. It applies selected standards to determine each country's readiness for accession and for the longer-term transition agenda. The author focuses on these three critical areas of administrative performance in the context of EU accession: • How advanced is the development of a politically neutral, professional human resource cadre in the civil service? • Do countries have the necessary institutional infrastructure at the government's core (that is, cabinet level) to formulate and coordinate policymaking in an efficient and democratic manner? • How well are the dedicated institutional structures and processes established to shepherd countries through the accession process working?

The Max Planck Handbooks In European Public Law

Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0198726406
Size: 15.19 MB
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The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Due Process Of Law Beyond The State

Author: Giacinto della Cananea
Publisher: Oxford University Press
ISBN: 0191092614
Size: 61.90 MB
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Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.