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The European Parliament And Delegated Legislation
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Book Synopsis The European Parliament and Delegated Legislation by : Merijn Chamon
Download or read book The European Parliament and Delegated Legislation written by Merijn Chamon and published by . This book was released on 2022 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in in relation to decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. By doing so, it illustrates if the Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading."--
Book Synopsis Delegated Legislation and the Role of Committees in the EC by : Mads Tønnesson Andenæs
Download or read book Delegated Legislation and the Role of Committees in the EC written by Mads Tønnesson Andenæs and published by Springer. This book was released on 2000-05-24 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the outcome of a research seminar with the title of `Delegation of Legislative Powers in the European Community: the Role of Committees' that was held in London on 16 and 17 January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition of the issue of delegation of legislative powers. The aim here is to explore to what extent the national concepts and institutes of delegation of powers can contribute to a better understanding of the Community concept of delegation. The third part of the book concerns the institutional perspective and deals with the history of comitology and the role of the Court of Justice in the development of the system. The fourth and final part of the book examines various areas of EC law, including environmental law, product safety and other areas.
Book Synopsis Changing Rules of Delegation by : Adrienne Héritier
Download or read book Changing Rules of Delegation written by Adrienne Héritier and published by OUP Oxford. This book was released on 2013-01-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: With each legislative issue, legislators have to decide whether to delegate decision-making to the executive and/or to expert bodies in order to flesh out the details of this legislation, or, alternatively, to spell out all aspects of this decision in legislation proper. The reasons why to delegate have been of prime interest to political science. The debate has concentrated on principal-agent theory to explain why politicians delegate decision-making to bureaucrats, to independent regulatory agencies, and to others actors and how to control these agents. By contrast, Changing Rules of Delegation focuses on these questions: Which actors are empowered by delegation? Are executive actors empowered over legislative actors? How do legislative actors react to the loss of power? What opportunities are there to change the institutional rules governing delegation in order to (re)gain institutional power and, with it influence over policy outcomes? The authors analyze the conditions and processes of change of the rules that delegate decision-making power to the Commission's implementing powers under comitology. Focusing on the role of the European Parliament the authors explain why the Commission, the Council, and increasingly the Parliament, delegated decision-making to the Commission. If they chose delegation, they still have to determine under which institutional rule comitology should operate. These rules, too, distribute power unequally among actors and therefore raise the question of how they came about in the first place and whether and how the "losers" of a rule change seek to alter the rules at a later point in time.
Book Synopsis Rulemaking by the European Commission by : Carl Fredrik Bergström
Download or read book Rulemaking by the European Commission written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2016-01-22 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years have seen major reforms to the delegation of powers and post-delegation supervision of the European Commission. In light of these reforms, Rulemaking by the European Commission: The New System for Delegation of Powers assesses whether the new system has really affected the old doctrine of delegation of powers, and if so, how? Specific questions answered include: have the objectives of the reform been achieved and what were these objectives? How does the new system affect the division of functions between the institutions of the EU and the institutional balance? Has this new system affected the relationship between the EU and its Member States, and if so, how does it concern its citizens? Presented by an interdisciplinary group of experts who have actively followed or participated in the process of reform, the book is structured in four parts: (1) the political and historical context in which the rule-making takes place, (2) the operation and functioning of the system before and after the reform, (3) the legal substance of a new framework for rule-making and the emerging case law from the Court of Justice of the EU, and (4) the procedural dimension, including the legal preconditions for non-institutional actors to participate.
Book Synopsis Controlling the EU Executive? by : Gijs Jan Brandsma
Download or read book Controlling the EU Executive? written by Gijs Jan Brandsma and published by Oxford University Press. This book was released on 2017-09-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year the EU Commission issues thousands of rules based on powers delegated by the Council of Ministers and the European Parliament. But delegation is carefully controlled. Traditionally, control has been exerted through a system of committees of member state representatives ('comitology'). However, this system was contested by the European Parliament which was left without any influence. The Lisbon Treaty introduced a new control regime for delegated powers, the so-called delegated acts system, which was meant to supplement the existing system. The new system involves direct control by the Council of Ministers and the European Parliament and thus for the first time gave the European Parliament real influence over delegated powers. However, the choice over which delegation regime to use in practice has turned into one of the most vehement institutional conflicts in the EU political system. This book represents the first comprehensive investigation of this conflict. It does so by a combination of methods and data, including process-tracing of the introduction of the new system in the Lisbon Treaty, case studies of selected post-Lisbon delegation situations, and statistical analysis of datasets comprising hundreds of post-Lisbon legislative files.
Book Synopsis The Concept of Legislation in European Community Law by : Alexander Türk
Download or read book The Concept of Legislation in European Community Law written by Alexander Türk and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A notable trend in recent scholarship on the nature of the European Union and its democratic legitimacy focuses on the concept of `legislation and its employment within the European Community's legal system. In this remarkable work of synthesis, Alexander Tandürk exposes and elucidates the underlying uncertainty as to the meaning of the term, and even its legitimate use, within the Community's legal order. He arrives at a clear evaluation of the extent to which the concept of legislation can be applied in the EC through a comparative analysis of the British, French, and German constitutional systems, and proceeds to reveal and highlight aspects of the concept of legislation derived from this analysis appearing in areas of EC law. A number of crucially significant insights emerge, among them the following: the distinction between `legislation in form' and `legislation in substance'; defining the addressee of Community acts; judicial determination of the general application of an act; the relevance of the EU's system of functional (rather than personal) representation; and the co-decision and assent procedures of the EU institutions as `legislation in form. All those interested in the nature of the EC legal system and the state of its development will find this study richly rewarding. Building rigorously on detailed analysis of EC case law and on prior scholarship, the book shows the way to a new understanding of the relevance of the concept of legislation to the solution of some of the EU's most pressing legal issues.
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.
Book Synopsis Handbook on EU secondary legislation by : Daniel Guéguen
Download or read book Handbook on EU secondary legislation written by Daniel Guéguen and published by Anthemis. This book was released on 2024-01-08 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: 98% of EU rules are decided via Comitology and delegated acts, rather than via legislation. This shows the importance of these decisionmaking processes. The procedures are complex with many exceptions and derogations. Academic books have been published on the subject: they explain the “what” comitology and delegated acts are, but are silent on “how to” effectively operate in these processes. What European affairs practitioners need is a manual explaining each step of the different processes with diagrams, concrete cases, practical explanations. This is exactly what the Handbook on secondary legislation is all about: a book designed by practitioners for practitioners. An indispensable tool to navigate efficiently through the labyrinth of decision-making procedures. ABOUT THE AUTHORS Former Associate Partner of EPPA, Daniel Guéguen has dedicated his whole working life to European public affairs. Daniel set up several businesses specialised in European affairs and after disposing of them in 2012, he founded PACT European Affairs, specialised in the post-Lisbon comitology procedures. Alongside this activity, Daniel Guéguen has published books that have been translated into several languages. Via articles, blogs and tweets widely circulated in international press, he has campaigned for a more operational EU that is closer to citizens. Building upon the educational nature of his books on the EU, Daniel is still today involved in many university programmes, in the USA (Harvard, Georgetown) and across Europe (ULB, Paris Sciences-Po, EDHEC, HEC, INSEAD), and at at the College of Europe in Bruges and Natolin. For his European activities, Daniel Guéguen was in 2005 awarded the rank of “Chevalier” in the order of the Légion d’honneur. Vicky Marissen’s legal background and long-standing experience in European Public Affairs make her the expert capable of assisting companies, trade associations and organisations active in highly regulated sectors such as food, pharmaceuticals and health, helping them close the procedural gap and regain impact on the EU decision-making process. Besides providing legal and procedural input on files and assistance in developing and deploying engagement strategies, Vicky provides support in communicating often technical arguments in an understandable form to different target audiences (public, private, media, etc.).
Book Synopsis Delegation is a Matter of Confidence by : Wim J. M. Voermans
Download or read book Delegation is a Matter of Confidence written by Wim J. M. Voermans and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contribution discusses the new delegation system of the Treaty of Lisbon (Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU)) and the current debate between the EU institutions on the control over delegated legislation and on the future of comitology. The European Parliament (EP) opposes the strategy of the European Commission to involve the Council in some way or in some respect in delegated legislation other than via the mechanism that the Lisbon Treaty provides. Parliament wants comitology to end once and for all, or so it seems. Whether or not they are able to make the Commission and Council change course remains to be seen. By way of a preliminary conclusion, the contribution argues that - whatever the outcome of the current debate - delegation relies and needs to rely on confidence between the delegating authority and the delegate.
Download or read book The Unseen Hand written by Roger Scully and published by Routledge. This book was released on 2004-06-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who is really making EU laws and regulations? Formally, and according to most popular accounts, responsibility lies with European politicians who are directly elected (MEPs) or indirectly accountable to elected bodies at the European or national level (council). In practice, however, as this book shows, things can be very different. The real makers of European legislation and rules are frequently unelected and far from the public gaze. This book describes and evaluates the role of many such unseen lawmakers, including commission officials, experts from national governments and companies, lobbyists, secretaries of the council and others.
Book Synopsis The European Parliament in Times of EU Crisis by : Olivier Costa
Download or read book The European Parliament in Times of EU Crisis written by Olivier Costa and published by Springer. This book was released on 2018-11-24 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the many changes that have occurred within the European Parliament and in its external relations since the Lisbon treaty (2009) and the last European elections (2014). It is undoubtedly the institution that has evolved the most since the 1950s. Despite the many crises experienced by European integration in the last years, the Parliament is still undergoing important changes in its formal competences, its influence on policy-making, its relations with other EU institutions, its internal organisation and its internal political dynamics. Every contribution deals with the most recent aspects of these evolutions and addresses overlooked topics, providing an overview of the current state of play which challenges the mainstream intergovernmental approach of the EU. This project results from research conducted at the Department of European Political and Governance Studies of the College of Europe. Individual research of several policy analysts of the European Parliamentary Research Service (EPRS) have contributed to this endeavour.
Book Synopsis The European Parliament and Delegated Legislation by : Merijn Chamon
Download or read book The European Parliament and Delegated Legislation written by Merijn Chamon and published by Bloomsbury Publishing. This book was released on 2022-11-03 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits the Treaty of Lisbon's promise to further parliamentarize the EU's functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.
Book Synopsis How Parliament Works by : Robert Rogers
Download or read book How Parliament Works written by Robert Rogers and published by Routledge. This book was released on 2015-03-24 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by expert insiders, How Parliament Works is a straightforward and readable analysis of one of the country's most complex – and often misunderstood – institutions. Covering every aspect of the work, membership and structures of both Houses, this key text provides a unique insight into the work and daily life of Parliament. It explains not only what happens but also why, and analyses the institution’s strengths and weaknesses, as well as opportunities for Parliament to be more effective. The seventh edition has been substantially revised to take account of recent changes in both Houses and to cover all the key issues affecting Parliament and politics, such as: • the Fixed Term Parliaments Act; • the implications of coalition politics; • recent developments in Lords reform; • the Independent Parliamentary Standards Authority's role in pay and expenses; • advances in scrutiny techniques; • changes in parliamentary cycles of business and finance; • member conduct and interests; • reform and modernisation. It also covers the latest developments in the legislative process, party discipline and rebellion, the procedure of both Houses, select committee work, and the relationship between Parliament and the European Union. All statistics and examples have been fully updated. How Parliament Works is essential reading for anyone who has anything to do with the Westminster Parliament: journalists, civil servants, lawyers, lobbyists, business and trade associations, diplomats, overseas parliaments and international bodies – and, indeed, members of both Houses.
Book Synopsis The Politics of Delegation by : Alec Stone Sweet
Download or read book The Politics of Delegation written by Alec Stone Sweet and published by Routledge. This book was released on 2004-08-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest in delegation to non-majoritarian institutions in Europe, following both the spread of principal-agent theory in political science and law and increasing delegation in practice. During the 1980s and 1990s, governments and parliaments in West European nations have delegated powers and functions to non-majoritarian bodies - the EU, independent central banks, constitutional courts and independent regulatory agencies. Whereas elected policymakers had been increasing their roles over several decades, delegation involves a remarkable reversal or at least transformation of their position. This volume examines key issues about the politics of delegation: how and why delegation has taken place; the institutional design of delegation to non-majoritarian institutions; the consequences of delegation to non-majoritarian institutions; the legitimacy of non-majoritarian institutions. The book addresses these questions both theoretically and empirically, looking at central areas of political life - central banking, the EU, the increasing role of courts and the establishment and impacts of independent regulatory agencies.
Book Synopsis How Parliament Works 6th Edition by : Robert Rogers
Download or read book How Parliament Works 6th Edition written by Robert Rogers and published by Routledge. This book was released on 2013-09-13 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Parliament is constantly in the news and televised daily, much of its work remains a mystery to outsiders and is sometimes perplexing even to its own members. This book provides a unique insight into the work and daily life of Parliament. It sets out plainly and intelligibly what goes on and why things happen, but it also analyses the pressures within the institution, its strengths and weaknesses, and ways in which it might change. Covering every aspect of the work, membership, and structures of both Houses, this book also reflects the profound changes that have taken place in Parliament over the years.
Book Synopsis Legislative Drafting for the EU by : Helen Xanthaki
Download or read book Legislative Drafting for the EU written by Helen Xanthaki and published by Edward Elgar Publishing. This book was released on 2024-04-12 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.
Book Synopsis The Engines of European Integration by : Mark A. Pollack
Download or read book The Engines of European Integration written by Mark A. Pollack and published by OUP Oxford. This book was released on 2003-03-13 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is composed of its fifteen member governments, yet these governments have chosen repeatedly to delegate executive, judicial and legislative powers and substantial discretion to supranational institutions such as the Commission, the Court of Justice, and the European Parliament. In The Engines of European Integration, the first full-length study of delegation in the European Union and international politics, Mark Pollack draws on principal-agent analyses of delegation, agency and agenda setting to analyze and explain the delegation of powers by governmental principals to supranational agents, and the role played by those agents in the process of European integration. In the first part of the book, Pollack analyses the historical and functional patterns of delegation to the Commission, the Court of Justice, and the Parliament, suggesting that delegation to the first two is motivated by a desire to reduce the transaction costs of EU policymaking, as predicted by principal-agent models, while delegation of powers to the Parliament fits poorly with such models, and primarily reflects a concern by member governments to enhance the democratic legitimacy of the Union. The second part of the book focuses on the role of supranational agents in both the liberalization and the re-regulation of the European market, and suggests that the Commission, Court, and Parliament have indeed played a causally important role alongside member governments as "the engines of integration," but that their ability to do so has varied historically and across issue-areas as a function of the discretion delegated to them by the member governments.
