Process And Procedure In Eu Administration

Author: Carol Harlow
Publisher: Bloomsbury Publishing
ISBN: 1782255761
Size: 26.14 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.

Coherence In Eu Competition Law

Author: Wolf Sauter
Publisher: Oxford University Press
ISBN: 0198749155
Size: 57.62 MB
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EU competition law plays a central role in the process of European integration both as a multifaceted tool for creating and policing the internal market as well as in organising national markets. Yet as a consequence of this role it is also subject to increasingly complex demands, a proliferation of (sectoral) regimes, and multiple objectives at both an EU and national level. This profligacy entails risks of fragmentation and divergence - which could jeopardise the proper functioning of the internal market. In this examination of EU competition law, Wolf Sauter discusses three main issues: (i) what degree of coherence exists in EU competition law; (ii) how this coherence can be explained, particularly in the broader context of integration by EU law; and (iii) how it contributes to the legitimacy and effectiveness of EU competition law. Specific focus is placed on antitrust, while mergers, state aid control, as well as the sectoral regimes for energy and electronic communications are also examined. In addition the book also charts the history and framework of these competition regimes that jointly constitute EU competition law, defining both its objectives and limitations.

Reneual Model Rules On Eu Administrative Procedure

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192514539
Size: 47.47 MB
Format: PDF
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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.

Due Process Of Law Beyond The State

Author: Giacinto della Cananea
Publisher: Oxford University Press
ISBN: 0191092622
Size: 13.16 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.

The European Commission

Author: Michelle Cini
Publisher: Manchester University Press
ISBN: 9780719041495
Size: 68.27 MB
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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.

Uniformity Of Customs Administration In The European Union

Author: Kathrin Limbach
Publisher: Bloomsbury Publishing
ISBN: 1782256733
Size: 60.62 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.

Eu Administrative Law

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0199568626
Size: 79.11 MB
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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.

Research Handbook On Eu Administrative Law

Author: Carol Harlow
Publisher: Edward Elgar Publishing
ISBN: 1784710687
Size: 80.31 MB
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Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

Impact Assessment In The Eu

Author: Andrea Renda
Publisher: CEPS
ISBN: 9290796006
Size: 64.22 MB
Format: PDF, Mobi
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The importance of ex ante and ex post impact assessment in streamlining the regulatory environment and improving the legislative process has been stressed by scholars and testified to by international best practices. The potential benefits of regulatory impact assessment are also being rediscovered by EU officials, who lose no chance to recall that the Commission's ambitious "growth and jobs" strategy heavily depends on the pervasiveness of impact assessment in the regulatory process at EU and member state level. This study, conceived for scholars and policymakers, provides an overview of the state of the art on impact assessment. It focuses on the latest developments in the United States, UK, and EU, and presents a scorecard analysis of the Commission's extended impact assessments. The author concludes with a road map for improving the transparency, efficiency, and effectiveness of the EU Integrated Impact Assessment model.

European Union Administration

Author: Peter Nedergaard
Publisher: Martinus Nijhoff Publishers
ISBN: 9004155732
Size: 27.26 MB
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The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included.