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Administrative Legitimacy And Risk Regulation In The European Union And The United States
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Book Synopsis Administrative Legitimacy and Risk Regulation in the European Union and the United States by : Christopher Paul Anderson
Download or read book Administrative Legitimacy and Risk Regulation in the European Union and the United States written by Christopher Paul Anderson and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Administrative Legitimacy and Risk Regulation in the European Union and the United States by : C. P. Anderson
Download or read book Administrative Legitimacy and Risk Regulation in the European Union and the United States written by C. P. Anderson and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Risk Regulation in the United States and European Union by : A. Luedtke
Download or read book Risk Regulation in the United States and European Union written by A. Luedtke and published by Springer. This book was released on 2010-06-07 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and technology have altered public fears and changed expectations of how government should make people safer. This book analyzes how Europeans and Americans perceive and regulate risk. The authors show how public fears about risk are filtered through political systems to pressure governments to insure against risk.
Book Synopsis Risk Regulation and Administrative Constitutionalism by : Elizabeth Fisher
Download or read book Risk Regulation and Administrative Constitutionalism written by Elizabeth Fisher and published by Bloomsbury Publishing. This book was released on 2007-07-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.
Book Synopsis Risk Regulation in the Internal Market by : Maria Weimer
Download or read book Risk Regulation in the Internal Market written by Maria Weimer and published by Oxford University Press. This book was released on 2019-03-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.
Book Synopsis Expertise as Justification by : Maria Weimer
Download or read book Expertise as Justification written by Maria Weimer and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimate role of scientific expertise in EU public decision-making on risk and technology has been subject to a fierce discussion over the last two decades. The main paradox identified is that despite the acknowledgement that its legitimating resources are limited amidst the politics of risk, EU decision-makers continue to invoke science as the main source of justification for regulatory decisions on risk. This paper contributes to unpacking this paradox by discussing the role of science in EU risk regulation from the perspective of administrative legitimation. It shows that key notions, such as science, risk and uncertainty, are significantly shaped within the legal-administrative discourse on the legitimate role of the EU public administration within the EU legal and political system. The paper analyses decisions of the Commission, a EU agency and the EU general court in the highly controversial field of administrative authorisation of Genetically Modified Organisms. In these decisions it traces back two competing models of administrative legitimation, the control and the deliberative model, each entailing different understandings of the role of science in administration. The paper suggests that these models should be understood as two contrast points the tension between which fosters the search for an adequate concept of administrative legitimation of the EU risk administration.
Book Synopsis Regulating Risks in the European Union by : Maria Weimer
Download or read book Regulating Risks in the European Union written by Maria Weimer and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.
Book Synopsis Reasoned Administration and Democratic Legitimacy by : Jerry L. Mashaw
Download or read book Reasoned Administration and Democratic Legitimacy written by Jerry L. Mashaw and published by Cambridge University Press. This book was released on 2018-09-27 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.
Book Synopsis Risk Regulation and Administrative Constitutionalism by : Elizabeth Charlotte Fisher
Download or read book Risk Regulation and Administrative Constitutionalism written by Elizabeth Charlotte Fisher and published by . This book was released on 2007 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of environmental and public health risks is a controversial area of government activity. This book studies the public law dimension of these controversies, particularly the interrelationship between risk regulation, public law and theories of legitimate administrative governance.
Book Synopsis Regulating Risks in the European Union by : Maria Weimer
Download or read book Regulating Risks in the European Union written by Maria Weimer and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.
Book Synopsis Developing Administrative Principles in the EU by : Melanie Smith
Download or read book Developing Administrative Principles in the EU written by Melanie Smith and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper argues that administrative legitimacy has been neglected as having the potential to provide a foundation for the legitimacy of the EU institutions. The development of the administrative law-type mechanisms within the EU is almost exclusively focused on the activities of the Member States as the main implementers of Union law. This has left an administrative gap at the level of the EU institutions, with little evidence of determinative horizontal administrative principles to be found in either the Treaties or the case-law of two European courts. Where the courts have acted, they have adopted a sectoral and highly circumscribed approach to the development of administrative norms. The paper examines whether administrative principles can be harnessed as a mechanism for increasing the EU's legitimacy and, if so, how these principles fit with the institutions' approach to the legitimacy question. Post Lisbon, can evidence be found within the Treaties that the administrative route to legitimacy has not been entirely foreclosed? This paper proposes a model of administrative legitimacy for the EU level of administration that provides a foundation for the interconnected concepts of good governance and political legitimacy.
Book Synopsis EU Administrative Law by : Paul Craig
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.
Book Synopsis Alice in Euroland by : Willem H. Buiter
Download or read book Alice in Euroland written by Willem H. Buiter and published by Centre for Economic Policy Research. This book was released on 1999 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper contains a detailed critique of the common currency arrangements of the Economic and Monetary Union, embodied in the laws and emerging procedural arrangements that govern the actions of its key institutions: the European Central Bank and the European System of Central Banks. The main message here is 'Great idea, shame about the execution'. A number of improvements are then proposed. Some of these require amending the Treaty, including an end to the rule that each EMU member's national central bank has a seat on the Governing Council or the removal of the power of the Council of Ministers to give 'general orientations' for exchange rate policy. Others, notably in the areas of accountability, openness and transparency, could be implemented immediately, including publication of voting records, minutes and the inflation forecast. Improved arrangements are also advocated for the co-ordination of monetary and fiscal policy. And the article calls for a European Parliament that can both bark and bite.
Book Synopsis OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk by : OECD
Download or read book OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk written by OECD and published by OECD Publishing. This book was released on 2010-05-06 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.
Author :Dornburg Research Group on New Administrative Law. Workshop Publisher : ISBN 13 :9789089521323 Total Pages :0 pages Book Rating :4.5/5 (213 download)
Book Synopsis Administrative Law in Europe by : Dornburg Research Group on New Administrative Law. Workshop
Download or read book Administrative Law in Europe written by Dornburg Research Group on New Administrative Law. Workshop and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises the results of the fourth workshop of the Dornburg Research Group of New Administrative Law. The group scrutinized the relationship between national traditions and the evolution of common principles of European administrative law.
Book Synopsis Central Bank Strategy, Credibility, and Independence by : Alex Cukierman
Download or read book Central Bank Strategy, Credibility, and Independence written by Alex Cukierman and published by MIT Press. This book was released on 1992 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a large body of Cukierman's research and integrates it with recent developments in the political economy of monetary policy.
Book Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig
Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
