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Impact Assessment In Eu Lawmaking
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Book Synopsis Impact Assessment in EU Lawmaking by : Anne C.M. Meuwese
Download or read book Impact Assessment in EU Lawmaking written by Anne C.M. Meuwese and published by Kluwer Law International B.V.. This book was released on 2008-04-18 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent constitutional thinking has directed its attention to the profound impact of ‘soft’ norms on the way legislation is made. This book identifies the European Union’s impact assessment regime as a source of these norms. In 2002 the European Commission – later followed by the European Parliament and the Council of Ministers – committed to performing rigorous assessment of the economic, social and environmental impacts of policy options before adopting (legislative) proposals. Applying a ‘constitutional lens’ to this ‘regulatory’ topic, Anne Meuwese examines both the details and the framework of IA in EU lawmaking to date, drawing attention to its strengths, its contradictions, and its power to enhance the deliberative quality of legislative debates. Integrating the perspectives of political scientists and economists with the concerns of legal scholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following: the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms that govern both the procedural and the substantive aspects of the EU legislative process; the ‘constitutional tasks’ of impact assessment as applied to European legislative proposals, especially relating to subsidiarity, proportionality, and the precautionary principle; the formal and informal extension of the scope of impact assessment beyond the co-decision procedure; the question whether impact assessment crosses the line between informing the legislator and fettering legislative discretion. In the course of her analysis Dr Meuwese develops models for possible usages of IA in EU lawmaking, analyses the implementation of impact assessment processes in the European Commission, the European Parliament and the Council as well as the roles of relevant ‘co-actors’, and offers results of empirical research in the forms of a survey of EU legislative practice and in-depth case studies of four EU legislative dossiers.
Book Synopsis Impact Assessment in the EU by : Andrea Renda
Download or read book Impact Assessment in the EU written by Andrea Renda and published by CEPS. This book was released on 2006 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Impact of Legislation by : Jonathan Verschuuren
Download or read book The Impact of Legislation written by Jonathan Verschuuren and published by BRILL. This book was released on 2009-03-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the globe, ex ante evaluation of legislation has become an established rationalisation of legislative processes. Legislators, politicians, and the public at large increasingly demand new laws to have a particular effect and no unwanted side effects. Various instruments are being applied that all have in common that they must predict the effect of new legislation. Until now, most publications on regulatory impact assessment praise such instruments as being extremely useful. Scepticism, however, is in order as well. Is it not as difficult to predict the future effect of a new set of rules in our complex society as it is to predict where our society as a whole is going? The search for an answer to this sceptical question is at the heart of the book. The newly established Research Group for Methodology of Law and Legal Research at Tilburg University (the Netherlands) brought together some of Europe’s top specialists in the field of ex ante evaluation of legislation, with backgrounds in law, social science, political science, and law and economics. The result of their collaborative effort is a comprehensive and critical book on the pros and cons and on the opportunities, limitations, and challenges of ex ante assessment of legislation.
Book Synopsis Impact Assessments in the EU Institutions by : European Court of Auditors
Download or read book Impact Assessments in the EU Institutions written by European Court of Auditors and published by . This book was released on 2010 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Impact assessment is one of the cornerstones of the European Commission's work in the field of better regulation. In this report, this Court examines whether the Commission prepared impact assessments when formulating its proposals, whether the Commission's impact assessment procedures appropriately supported the development of its initiatives, and whether the content and presentation of the Commission's impact assessment reports was appropriate.--Publisher's description.
Book Synopsis Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments by : Viviane Meunier-Rubel
Download or read book Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments written by Viviane Meunier-Rubel and published by BRILL. This book was released on 2022-09-12 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Impact Assessment (EIA) requirements are quasi-universal. Praised as the core of the international legal response to ensure environmental protection, this procedure is an information tool for better public decision-making, which can contribute to empowering individuals and civic groups. Based on the historical background of the relevant norms and on case studies, Interstitial Law-Making in International Law: A Study of Environmental Impact Assessments verifies whether the role of procedure in secreting substantive law may be fulfilled in the distinctive legal system of public international law, while appraising how EIA requirements have been conceived and implemented as regards encouraging all international actors to behave in an environmentally conscious way, in a world of heterogeneous political regimes. This book is based on the author’s award winning doctoral dissertation which received the Yale Law School’s Ambrose Gherini Prize for best paper in the field of international law (2018).
Book Synopsis The EU Better Regulation Agenda by : Sacha Garben
Download or read book The EU Better Regulation Agenda written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Better Regulation in the EU is a perennial and topical question which has important implications for the future direction of EU law. While actions directed at improving the quality and accessibility of EU regulation are not novel, in recent years the Better Regulation Agenda has significantly affected the structural organisation and day-to-day operation of the EU legislative process. Yet, many questions about the future of the Agenda remain, not least in light of Brexit. Exploring the Better Regulation Agenda (and its relation to the overall EU legal and political order) necessitates an integrated, interdisciplinary approach. This edited volume presents insights from economics, political science and legal scholarship. Furthermore, to allow full understanding, it examines institutional practice, where the Agenda is made and shaped on a daily basis. Hence, the book features contributions from the perspective of the work of the main EU institutions: the European Commission, the Parliament, the Council and the Court of Justice. This results in a seminal overview of the subject, of interest to scholars and practitioners alike.
Book Synopsis Influencing the Preparation of EU Legislation by : Erik Akse
Download or read book Influencing the Preparation of EU Legislation written by Erik Akse and published by . This book was released on 2013-11-05 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the European Commission carries out Impact Assessments for proposed legislation - and how stakeholders can most effectively work with the Commission to ensure their issues and evidence are taken into account.
Book Synopsis The European Impact Assessment and the Environment by : Kilian Bizer
Download or read book The European Impact Assessment and the Environment written by Kilian Bizer and published by Springer. This book was released on 2010-08-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented in a workshop of international experts in September 2008 in Berlin. The experts discussed how environmental consequences of EU legislation can be incorporated in a more effective way. In other words, this contribution focuses on the question of which measures can strengthen the cons- eration of environmental effects in the EU impact assessment procedure and in the subsequent legislative decision-making process. This allows drawing conclusions for the impact assessment process in Germany. This volume begins with an introductory paper (Bizer/Lechner/Führ) which served as the basis for discussion in our workshop. The questions raised in this paper are addressed by the authors of the subsequent chapters. Stephen White (DG Environment, EU-Commission) discusses the impact assessment from an int- nal perspective within the Commission. Pendo Maro (European Environmental Bureau) reviews the impact assessment practice from the perspective of an en- ronmental NGO. Martin Schmidt et al. discuss the potential for more formalism to strengthen environmental issues within impact assessments and favour a checklist.
Book Synopsis Transboundary Environmental Impact Assessment in the European Union by : Simon Marsden
Download or read book Transboundary Environmental Impact Assessment in the European Union written by Simon Marsden and published by Routledge. This book was released on 2013-11-05 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines 'The Espoo Convention on Environmental Impact Assessment in a Transboundary Context', which celebrates the twentieth anniversary of its adoption in 2011, and its 'Kiev Protocol on Strategic Environmental Assessment' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law. The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.
Book Synopsis Better Regulation Practices across the European Union by : OECD
Download or read book Better Regulation Practices across the European Union written by OECD and published by OECD Publishing. This book was released on 2019-03-19 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws and regulations affect the daily lives of businesses and citizens. High-quality laws promote national welfare and growth, while badly designed laws hinder growth, harm the environment and put the health of citizens at risk. This report analyses practices to improve the quality of laws ...
Book Synopsis Impact Assessment in EU Lawmaking by : Anne C. M. Meuwese
Download or read book Impact Assessment in EU Lawmaking written by Anne C. M. Meuwese and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent constitutional thinking has directed its attention to the profound impact of 'soft' norms on the way legislation is made. This book identifies the European Union's impact assessment regime as a source of these norms. In 2002 the European Commission - later followed by the European Parliament and the Council of Ministers - committed to performing rigorous assessment of the economic, social and environmental impacts of policy options before adopting (legislative) proposals. Applying a 'constitutional lens' to this 'regulatory' topic, Anne Meuwese examines both the details and the framework of IA in EU lawmaking to date, drawing attention to its strengths, its contradictions, and its power to enhance the deliberative quality of legislative debates. Integrating the perspectives of political scientists and economists with the concerns of legal scholars and practitioners, Dr Meuwese describes and interrelates such aspects of the subject as the following: the potential role of impact assessment as a catalyst of legal principles, by emphasising or overriding norms that govern both the procedural and the substantive aspects of the EU legislative process; the 'constitutional tasks' of impact assessment as applied to European legislative proposals, especially relating to subsidiarity, proportionality, and the precautionary principle; the formal and informal extension of the scope of impact assessment beyond the co-decision procedure; the question whether impact assessment crosses the line between informing the legislator and fettering legislative discretion. In the course of her analysis Dr Meuwese develops models for possible usages of IA in EU lawmaking, analyses the implementation of impact assessment processes in the European Commission, the European Parliament and the Council as well as the roles of relevant 'co-actors', and offers results of empirical research in the forms of a survey of EU legislative practice and in-depth case studies of four EU legislative dossiers.
Book Synopsis Regulatory Impact Assessment and EU Law Transposition in the Western Balkans by : Bagrat Tunyan
Download or read book Regulatory Impact Assessment and EU Law Transposition in the Western Balkans written by Bagrat Tunyan and published by . This book was released on 2021 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper provides a comparative analysis of the regulatory impact assessment (RIA) systems of the six Western Balkans administrations, showing how they have been used to ensure evidence-based lawmaking and EU law transposition. The regulatory and methodological frameworks, institutional set-ups and arrangements for RIA and EU law harmonisation, including government planning, EU accession negotiations and transposition, have been systematically analysed to identify the strengths and weaknesses of national systems and practice and to share knowledge and good practices. Key policy recommendations have been provided to address major shortcomings and improve the national systems of regulatory policy making.
Book Synopsis Legislation in Europe by : Ulrich Karpen
Download or read book Legislation in Europe written by Ulrich Karpen and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
Book Synopsis Research Handbook on EU Environmental Law by : Marjan Peeters
Download or read book Research Handbook on EU Environmental Law written by Marjan Peeters and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook discusses how the EU has used its regulatory power to steer towards environmentally friendly behaviour, delving into the deep concerns related to the compliance with and enforcement of EU environmental law. It also highlights the important role of civil society’s use of environmental procedural rights, and characterizes how the CJEU case law has contributed to the effective implementation of EU environmental legislation.
Book Synopsis Improving the Quality of Legislation in Europe by : Alfred E. Kellermann
Download or read book Improving the Quality of Legislation in Europe written by Alfred E. Kellermann and published by Martinus Nijhoff Publishers. This book was released on 1998-03-03 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In April 1997, during the Dutch presidency of the European Union, a three-day international conference was held in The Hague, The Netherlands, on the subject of The Quality of European and National Legislation and the Internal Market. The present publication comprises the proceedings and conclusions of this timely conference, which was organized by the T.M.C. Asser Instituut, The Hague, on behalf of the Ministries of Justice and Economic Affairs of The Netherlands and the European Commission. The objective of the conference was to suggest ways of improving the legislation in the European Union against the background of the common market. The quality of the drafting of Community legislation is crucial if it is to be properly implemented by competent national authorities and better understood by the public and in business circles. The conference focused on European legislation and on national legislation in the Member States. Representatives of the European Union, the governments, the academic world, industry and consumer organizations gave their views of and commented on the three main themes of the conference: (I) the experiences on European and national level regarding the judicial quality of legislation; (II) simplification of existing legislation and (III) assessment of draft legislation. The updated and revised versions of their studies and comments are published in the present book. During the final session of the conference, current initiatives in the field of improving the quality of legislation were reviewed (e.g., on consolidation, codification, guidelines and deregulation). The main findings of the conference were brought to the attention of the Internal Market Council and the IGC as a preparation of the European Council of Amsterdam (16-17 June, 1997) where the Draft Treaty of Amsterdam was concluded. Many of the conference findings and suggestions were repeated in the documents of the Draft Treaty. In addition to the above-mentioned contributions, the book contains (i) a valuable methodical digest of the conference, including a closer evaluation of the Draft Treaty of Amsterdam, and (ii) a summing-up of the results of the important debate by Professor L.J. Brinkhorst (European Parliament, Strasbourg/Brussels). The book is also enriched by relevant documentation in the field.
Book Synopsis The EU and the Proliferation of Integration Principles under the Lisbon Treaty by : Francesca Ippolito
Download or read book The EU and the Proliferation of Integration Principles under the Lisbon Treaty written by Francesca Ippolito and published by Routledge. This book was released on 2018-09-27 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty has brought about a proliferation of “integration principles”. In addition to the environmental integration principle, which has been part of the EU legal framework for some time, the Lisbon Treaty introduced the principles of gender equality integration, social policy integration, non-discrimination integration, consumer protection integration as well as animal welfare integration. Furthermore, a general principle of integration policy objectives is contained in Article 7 TFEU, requiring that the Union must ensure consistency between its policies and activities, taking all relevant policy requirements listed under the TFEU into account in the adoption of any legislative measure. These integration principles must be pursued, or at least taken into account, when decisions are being taken in almost any area of EU policy-making. However, there is considerable uncertainty regarding the normative implications of the various integration principles as well as their legal value and practical relevance for EU policymaking. This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States as well as the scope for judicial review of the EU legislative process. In particular, it explores whether the introduction of various integration principles has led to an extension of Union competences and whether it has limited the scope for judicial review by extending the discretionary power of the Union institutions.
Book Synopsis Regulatory Impact Assessment in Germany and Korea: Focusing on Immigration Law by : Bo Yeon Lee
Download or read book Regulatory Impact Assessment in Germany and Korea: Focusing on Immigration Law written by Bo Yeon Lee and published by PubliQation. This book was released on 2019-02-21 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study comparatively analyzes the actual implementation of RIA in Germany and Korea. To reach the destination, the legislative process, the system of RIA, and the immigration law and policy in both countries are studied. The RIA statements on immigration law are empirically reviewed to check whether a piece of legislation properly went through RIA and documented in the required forms. In conclusion, the compliance levels and key features of both countries are compared, and the validity of current RIA is discussed.
