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The Principle Of Collegiality In The Commissions Decision Making
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Book Synopsis The Principle of Collegiality in the Commission's Decision-making by : Maria Patrin
Download or read book The Principle of Collegiality in the Commission's Decision-making written by Maria Patrin and published by . This book was released on 2020 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission decides collegially, meaning that every member of the college is equal in the adoption of decisions. The principle of collegiality is a core legal principle of the Commission's internal decision-making and dictates how the institution legitimately develops, implements and enforces policy in a multinational polity. Because of collegiality, Commissioners bear collective responsibility for the decisions they adopt. This in turn guarantees the Commissioners' independence from Member States and acts as a safeguard to the Commission's supranational character. My research focuses on the legal substance of the principle of collegiality, its implementation in the Commission's decision-making and how collegiality has evolved to adapt to changing institutional and political dynamics. The legal analysis of the principle is complemented by empirical research to retrace implementation in the different layers of decision-making (college-services) and according to the different functions performed by the Commission in its enforcement, administrative and legislative activities. Targeted case studies in specific functional areas help assess how the legal definition of collegiality matches up with reality. The thesis argues that although collegial procedures permeate every aspect of the Commission's decision-making, there is a gap between the legal concept of collegiality and its actual practice. Formally, the college of Commissioners adopts all decisions, regardless of whether they are legislative proposals or competition decisions. Behind the scenes, however, the principle is implemented with different intensities and in different ways depending on the functions performed by the Commission. These variations raise the question of how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also encourage an examination of how the principle of collegiality affects the Commission's role in the current EU institutional, legal and political setting.
Book Synopsis Collegiality in the European Commission by : Maria Patrin
Download or read book Collegiality in the European Commission written by Maria Patrin and published by Oxford University Press. This book was released on 2023-12-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making -- from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Book Synopsis The Routledge Handbook of Differentiation in the European Union by : Benjamin Leruth
Download or read book The Routledge Handbook of Differentiation in the European Union written by Benjamin Leruth and published by Routledge. This book was released on 2022-05-11 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Differentiation in the European Union offers an essential collection of groundbreaking chapters reflecting on the causes and consequences of this complex phenomenon. With contributions from key experts in this subfield of European Studies, it will become a key volume used for those interested in learning the nuts and bolts of differentiation as a mechanism of (dis)integration in the European Union, especially in the light of Brexit. Organised around five key themes, it offers an authoritative "encyclopaedia" of differentiation and addresses questions such as: How can one define differentiation in the European Union in the light of the most recent events? Does differentiation create more challenges or opportunities for the European Union? Is Europe moving away from an "ever closer Union" and heading towards an "ever more differentiated Union", especially as leading political figures across Europe favour the use of differentiation to reconcile divergences between member states? This handbook is essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research in the study of European integration. As European differentiation is multifaceted and involves a wide range of actors and policies, it will be of further interest to those working on countries and/or in policy areas where differentiation is an increasingly relevant feature. The Introduction and chapters 13, 21, 30, and 35 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis Collegiality in the European Commission by : Maria Patrin
Download or read book Collegiality in the European Commission written by Maria Patrin and published by Oxford University Press. This book was released on 2023-11-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Author :Andreas Scordamaglia-Tousis Publisher :Kluwer Law International B.V. ISBN 13 :9041147616 Total Pages :476 pages Book Rating :4.0/5 (411 download)
Book Synopsis EU Cartel Enforcement by : Andreas Scordamaglia-Tousis
Download or read book EU Cartel Enforcement written by Andreas Scordamaglia-Tousis and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Book Synopsis Global Power Europe - Vol. 1 by : Astrid Boening
Download or read book Global Power Europe - Vol. 1 written by Astrid Boening and published by Springer Science & Business Media. This book was released on 2013-03-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume project provides a multi-sectoral perspective over the EU's external projections from traditional as well as critical theoretical and institutional perspectives, and is supported by numerous case studies covering the whole extent of the EU’s external relations. The aim is to strive to present new approaches as well as detailed background studies in analyzing the EU as a global actor. Volume 1: The first volume “Theoretical and Institutional Approaches to the EU’s External Relations” addresses the EU's overall external post-Lisbon Treaty presence both globally and regionally (e.g. in its "neighborhood"), with a special emphasis on the EU’s institutional framework. It also offers fresh and innovative theoretical approaches to understanding the EU’s international position. - With a preface by Alvaro de Vasoncelos (former Director European Union Institute for Security Studies) Volume 2: The second volume “Policies, Actions and Influence of the EU’s External Relations”, examines in both quantitative and qualitative contributions the EU's international efficacy from a political, economic and social perspective based on a plethora of its engagements.
Book Synopsis Enforcement of European Union Environmental Law by : Martin Hedemann-Robinson
Download or read book Enforcement of European Union Environmental Law written by Martin Hedemann-Robinson and published by Routledge. This book was released on 2015-05-15 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.
Book Synopsis The Institutions of the European Union by : Dermot Hodson
Download or read book The Institutions of the European Union written by Dermot Hodson and published by Oxford University Press. This book was released on 2022 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a time of disruption and rapid change, the European Union's institutions have endured. In The Institutions of the European Union, a team of expert contributors and editors explain everything you need to know about the functions, powers, and composition of these important organizations as they contend with the changing dynamics of European integration. It is the most comprehensive guide to understanding how the institutions of the EU provide political direction, govern policies, and integrate contrasting interests within the EU. New to this Edition: Fully updated to cover the institutional changes prompted by Brexit, Covid-19, and many other issues facing the EU. A new introductory chapter presents the idea of EU institutional politics and explores its different dimensions. Explores the urgent challenges of creating more diverse and inclusive EU institutions. New discussion questions help you reflect critically and engage with the content to take your learning further. Professor Uwe Puetter of Europa-Universität Flensburg, and Sabine Saurugger of Science Po Grenoble-UGA, join Dermot Hodson as editors. Book jacket.
Book Synopsis The European Commission of the Twenty-First Century by : Hussein Kassim
Download or read book The European Commission of the Twenty-First Century written by Hussein Kassim and published by Oxford University Press. This book was released on 2013-06-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-authored by an international team of researchers and drawing on interviews with senior officials, The European Commission of the Twenty-First Century tests, challenges and refutes many widely held myths about the Commission and the people who work for it.
Book Synopsis The European Commission by : David Spence
Download or read book The European Commission written by David Spence and published by . This book was released on 2006 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first update since 1997 of a complete guide to the way the Commission works and its relationship to the other European institutions. The edition has been completely revised and rewritten with contributions from a diverse range of leading academics and practitioners.
Book Synopsis European Union by : Jeremy Richardson
Download or read book European Union written by Jeremy Richardson and published by Psychology Press. This book was released on 2006 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richardson introduces the policy-making processes at work in the EU. This edition has been significantly improved to make it even more accessible for second and third year undergraduates. A website will also support this edition, featuring some of the more technical material such as statistics.
Book Synopsis Collegiality and Bureaucracy in the Modern University by : James L. Bess
Download or read book Collegiality and Bureaucracy in the Modern University written by James L. Bess and published by . This book was released on 1988 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases Before the Court of Justice and the Court of First Instance by : Court of First Instance of the European Communities
Download or read book Reports of Cases Before the Court of Justice and the Court of First Instance written by Court of First Instance of the European Communities and published by . This book was released on 2008 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases Before the Court of Justice and the Court of First Instance by :
Download or read book Reports of Cases Before the Court of Justice and the Court of First Instance written by and published by . This book was released on 2005 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rules and Regulations by : U.S. Nuclear Regulatory Commission
Download or read book Rules and Regulations written by U.S. Nuclear Regulatory Commission and published by . This book was released on 1997 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bulletin on Constitutional Case-law by :
Download or read book Bulletin on Constitutional Case-law written by and published by . This book was released on 1996 with total page 1296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases Before the Court of Justice and the Court of First Instance by : Court of Justice of the European Communities
Download or read book Reports of Cases Before the Court of Justice and the Court of First Instance written by Court of Justice of the European Communities and published by . This book was released on 2005 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
