A Fiduciary Approach To Delegated And Implementing Rule Making In The Eu

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A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU

Author : R. Eljalill Tauschinsky
Publisher : Springer Nature
ISBN 13 : 3030263002
Total Pages : 221 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU by : R. Eljalill Tauschinsky

Download or read book A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU written by R. Eljalill Tauschinsky and published by Springer Nature. This book was released on 2019-11-10 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission’s powers to adopt these important acts relates to subjects’ democratic rights. Accordingly, the book explores the question of how the Commission’s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships – loyalty – can be included in the rule-making process.

Law and Practices of Delegated Rulemaking by the European Commission

Author : Zamira Xhaferri
Publisher : BRILL
ISBN 13 : 9004523529
Total Pages : 384 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Law and Practices of Delegated Rulemaking by the European Commission by : Zamira Xhaferri

Download or read book Law and Practices of Delegated Rulemaking by the European Commission written by Zamira Xhaferri and published by BRILL. This book was released on 2023-01-16 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book first provides a critical analysis of the legal framework that governs the delegation of rulemaking powers to the European Commission. Second, it explores how the framework that governs such a delegation of powers to the Commission operates in the food and health policy domain.

Commission Loyalty

Author : Ruth Eljalill Tauschinsky
Publisher :
ISBN 13 :
Total Pages : 303 pages
Book Rating : 4.:/5 (17 download)

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Book Synopsis Commission Loyalty by : Ruth Eljalill Tauschinsky

Download or read book Commission Loyalty written by Ruth Eljalill Tauschinsky and published by . This book was released on 2016 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The non-representative character of the Commission’s powers has been used to level criticism at Commission acts. I review the Commission’s power to adopt some of the most important and numerous EU acts, namely delegated and implementing acts. These acts often take direct effect on the persons within the Member States. The question I ask is how the Commission’s power to adopt acts that legally bind the persons within the Member States can be justified normatively? I explain the most pervasive characteristics of the adoption of delegated and implementing acts, as well as their conceptual categorisation. I argue that delegated and implementing rule-making should be understood in the framework of institutional trust. The relation of institutional trust can in legal terms best be depicted under the framework of fiduciary law. The Commission here takes the role of fiduciary to the persons subject to delegated and implementing acts as beneficiaries. As a result, the Commission is under a duty of loyalty towards these persons. I argue that for this, the EU duty of loyalty should be expanded to include a Commission duty of disinterestedness and fairness. These should be operationalised through giving an account of its motives, and through greater transparency regarding the participation of interested groups in the adoption procedure. These procedures are only a small extension of already existing Commission obligations. However, reforming them as an expression of loyalty is able to re-invent the relation between the Commission and the persons subject to its acts.

The Constitutional Framework for Enhanced Cooperation in EU Law

Author : Robert Böttner
Publisher : BRILL
ISBN 13 : 9004459154
Total Pages : 409 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Constitutional Framework for Enhanced Cooperation in EU Law by : Robert Böttner

Download or read book The Constitutional Framework for Enhanced Cooperation in EU Law written by Robert Böttner and published by BRILL. This book was released on 2021-02-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

Delegation of Powers in the EU Legal System

Author : Annalisa Volpato
Publisher : Routledge
ISBN 13 : 1000563464
Total Pages : 327 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Delegation of Powers in the EU Legal System by : Annalisa Volpato

Download or read book Delegation of Powers in the EU Legal System written by Annalisa Volpato and published by Routledge. This book was released on 2022-03-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.

Intellectual Property Rights

Author : Nikolaus Thumm
Publisher : Springer Science & Business Media
ISBN 13 : 3662121018
Total Pages : 169 pages
Book Rating : 4.6/5 (621 download)

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Book Synopsis Intellectual Property Rights by : Nikolaus Thumm

Download or read book Intellectual Property Rights written by Nikolaus Thumm and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.

Insurance Distribution Directive

Author : Pierpaolo Marano
Publisher : Springer Nature
ISBN 13 : 3030527387
Total Pages : 439 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Insurance Distribution Directive by : Pierpaolo Marano

Download or read book Insurance Distribution Directive written by Pierpaolo Marano and published by Springer Nature. This book was released on 2021 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--

The Treaty on European Union (TEU)

Author : Hermann-Josef Blanke
Publisher : Springer Science & Business Media
ISBN 13 : 3642317065
Total Pages : 1821 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis The Treaty on European Union (TEU) by : Hermann-Josef Blanke

Download or read book The Treaty on European Union (TEU) written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

The Alternative Investment Fund Managers Directive

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041149953
Total Pages : 948 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk A. Zetzsche

Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

Principles, Definitions and Model Rules of European Private Law

Author : Study Group on a European Civil Code
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Principles of Financial Regulation

Author : John Armour
Publisher : Oxford University Press
ISBN 13 : 0191090050
Total Pages : 780 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Principles of Financial Regulation by : John Armour

Download or read book Principles of Financial Regulation written by John Armour and published by Oxford University Press. This book was released on 2016-08-04 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges. Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.

Managing Public Money

Author : Great Britain. Treasury
Publisher : Stationery Office Books (TSO)
ISBN 13 : 9780115601262
Total Pages : 69 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Managing Public Money by : Great Britain. Treasury

Download or read book Managing Public Money written by Great Britain. Treasury and published by Stationery Office Books (TSO). This book was released on 2007 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated October 2007. The publication is effective from October 2007, when it replaces "Government accounting". Annexes to this document may be viewed at www.hm-treasury.gov.uk

Socially Responsible Investment

Author : Russell Sparkes
Publisher : John Wiley & Sons
ISBN 13 : 0470856580
Total Pages : 422 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Socially Responsible Investment by : Russell Sparkes

Download or read book Socially Responsible Investment written by Russell Sparkes and published by John Wiley & Sons. This book was released on 2003-03-14 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent years there has been rapid consumer-led growth in investing in socially responsible companies to the extent that it has had an influence on corporate policies. New regulations recognise the public interest by requiring all pension funds to declare their ethical policy. Investors can no longer just consider the financial aspects of a company before investing but also have to consider the complex world of ethical investments. Should the ethical policy take precedence over the financial aspects? Should policies be inclusive or exclusive? What percentage of a company's income has to come from unacceptable sources before the source is excluded? Should any exclusion policy also extend to those involved in selling or transporting goods deemed unacceptable? This is the first book to look at socially responsible investment from the perspective of the institutional investor, who will be led through the complex dilemmas of socially responsible investment with practical examples and advice.

Social Media and Democracy

Author : Nathaniel Persily
Publisher : Cambridge University Press
ISBN 13 : 1108835554
Total Pages : 365 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Social Media and Democracy by : Nathaniel Persily

Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

The Principal Agent Model and the European Union

Author : Tom Delreux
Publisher : Springer
ISBN 13 : 331955137X
Total Pages : 315 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Principal Agent Model and the European Union by : Tom Delreux

Download or read book The Principal Agent Model and the European Union written by Tom Delreux and published by Springer. This book was released on 2017-10-16 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the use and limitations of the principal-agent model in a context of increasingly complex political systems such as the European Union. Whilst a number of conceptual, theoretical and methodological challenges need to be addressed, the authors show that the principal-agent model can still provide deeper insights into a wide range of political phenomena. Through an empirical analysis of multiple principal-agent relations in the EU, covering a variety of policy fields and political actors, the volume refines our theoretical understanding of the politics of delegation and discretion in the EU. It will appeal to scholars in interested in EU politics and policy, public administration and governance, and international organisations. The chapter ‘Multiple principals preferences, different types of oversight mechanisms, and agent’s discretion in trade negotiations’ is published open access under a CC BY 4.0 license via link.springer.com.

The Federal Reserve System Purposes and Functions

Author : Board of Governors of the Federal Reserve System
Publisher :
ISBN 13 : 9780894991967
Total Pages : 0 pages
Book Rating : 4.9/5 (919 download)

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Book Synopsis The Federal Reserve System Purposes and Functions by : Board of Governors of the Federal Reserve System

Download or read book The Federal Reserve System Purposes and Functions written by Board of Governors of the Federal Reserve System and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth overview of the Federal Reserve System, including information about monetary policy and the economy, the Federal Reserve in the international sphere, supervision and regulation, consumer and community affairs and services offered by Reserve Banks. Contains several appendixes, including a brief explanation of Federal Reserve regulations, a glossary of terms, and a list of additional publications.

The Oxford Handbook of Fiduciary Law

Author : Evan J. Criddle
Publisher : Oxford University Press
ISBN 13 : 0190634111
Total Pages : 912 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle

Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.