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Risk Regulation In The Internal Market
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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 2019-03-14 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 Risk Analysis and Governance in EU Policy Making and Regulation by : Bernardo Delogu
Download or read book Risk Analysis and Governance in EU Policy Making and Regulation written by Bernardo Delogu and published by Springer. This book was released on 2016-05-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an easy, but comprehensive and rigorous access to the main concepts, terminology, methods and procedures of risk analysis intended for all those involved in the EU policy and regulatory decision making on risks. It establishes a common ground of knowledge which enables a more informed dialogue on risks, a closer collaboration between decision makers and scientists and a better appraisal of the potential and limits of risk science. The book also brings together in an accessible way much multidisciplinary knowledge which had been dispersed over many technical documents and specialist books. The EU is in the front line of health, safety and environmental risk management. GMOs, food safety, hazardous chemicals, climate change, radiation hazards, are just a few of the popular risk issues addressed by the EU through policy and regulatory measures. The risk analysis paradigm, including risk assessment, management and communication has been at the core of the EU decision making for a long time already. EU Institutions strive for a science-based approach to risk management. Nevertheless, the dialogue and collaboration on risk issues between policy makers, stakeholders and scientists are still difficult and the potential and limits of science in support of decision making, as well as the basic concepts of risk analysis are not fully understood outside the narrow specialist circles.
Book Synopsis The Shaping of European Risk Regulation by Community Courts by : Alberto Alemanno
Download or read book The Shaping of European Risk Regulation by Community Courts written by Alberto Alemanno and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although not originally foreseen in the founding Treaty, today the most important and widespread form of EU regulation in the internal market is concerned with the government of risk. Indeed, similarly to what occurred in the United States in the 1960s and 1970s, the EU has in recent times witnessed the enactment of a vast body of legislation to protect the environment as well as individuals' health and safety. Collectively, this large body of legislation is known as 'risk regulation'. Contrary to conventional wisdom, this phenomenon is not the product of legislative interventions tout court but the result of a rich and informed case-law developed by EU courts in recent years. By systematising this growing case-law, this essay aims at identifying the main distinctive attributes of the emerging European risk regulatory model.
Book Synopsis The Law and Policy of Harmonisation in Europe's Internal Market by : Isidora Maletić
Download or read book The Law and Policy of Harmonisation in Europe's Internal Market written by Isidora Maletić and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maleti forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' – Hans Micklitz, European University Institute, Italy 'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' – Veerle Heyvaert, London School of Economics, UK 'Despite all the buzz around the single currency, the heart of the EU edifice remains the internal market. Isidora Maleti 's book is an outstanding contribution of original scholarship that makes this edifice look more solid than ever. By exploring the theory and practice of the archetype legal basis for EU regulatory action, this book dispels the ubiquitous claim that national derogations from European standards are reflective of a weak integration process and convincingly argues that national regulatory differentiation may instead provide opportunities for reflexive learning and risk prevention. The law and policy of harmonisation is European internal market's scholarship at its best and ought to be essential reading to all scholars interested in the dynamics of EU integration.' – Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk Regulation This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration.
Book Synopsis Legal Risks in EU Law by : Emilia Mišćenić
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Book Synopsis Risk Regulation in the Single Market by : Sebastian Krapohl
Download or read book Risk Regulation in the Single Market written by Sebastian Krapohl and published by Springer. This book was released on 2008-10-31 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how the Thalidomide catastrophe of the 1960s and the BSE crisis of the 1990s led to regulatory regimes for pharmaceuticals and foodstuffs in Europe. However, the developmental paths of these regimes differ – and so does the efficiency and legitimacy of regulatory policy-making.
Book Synopsis Regulating and Supervising European Financial Markets by : Mads Andenas
Download or read book Regulating and Supervising European Financial Markets written by Mads Andenas and published by Springer. This book was released on 2016-08-16 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.
Book Synopsis Regulating food law by : Anna Szajkowska
Download or read book Regulating food law written by Anna Szajkowska and published by BRILL. This book was released on 2023-09-04 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Animal cloning, nanotechnology, and genetic modifications are all examples of recent controversies around food regulation where scientific evidence occupies a central position. This book provides a fresh perspective on EU scientific food safety governance by offering a legal insight into risk analysis and the precautionary principle, positioned as general principles of EU food law. To explain what the science-based requirement means in EU multi-level governance, this book places these principles in the legislative dynamics of the EU internal market and the meta-framework of the international trade regime established by the WTO. Numerous examples of the case-law of European Courts show implications of risk analysis and science-based food law for EU and national decision makers, as well as food businesses. This book focuses on the crucial aspects of the risk analysis methodology. It redefines the precautionary principle and clarifies its scope of application. It analyses the extent to which non-scientific factors, such as consumers' risk perception, local traditions or ethical considerations, can be taken into account at national and EU level. This book argues that, compared to EU institutions, the autonomy allocated to national authorities is much more limited, which raises questions about the legitimacy of food safety governance in the EU.
Book Synopsis Risk and EU law by : Hans-W. Micklitz
Download or read book Risk and EU law written by Hans-W. Micklitz and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk and EU Law considers the multiple reasons for the increase in the types and diversity of risks, as well as the potential magnitude of their undesirable effects. The book identifies such reasons as; the openness of liberal societies; market competition; the constant endeavour to innovate; as well as globalization and the impact of new technologies. It also explores topics surrounding the social epistemology of risk observation and management, the role of science in political and judicial decision-making and transnational risk regulation and contractual governance.
Book Synopsis The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration by : Kai Purnhagen
Download or read book The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration written by Kai Purnhagen and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.
Book Synopsis Recognising a Firm's Internal Market Risk Model for the Purposes of Calculating Required Regulatory Capital by : International Organization of Securities Commissions. Technical Committee
Download or read book Recognising a Firm's Internal Market Risk Model for the Purposes of Calculating Required Regulatory Capital written by International Organization of Securities Commissions. Technical Committee and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Convergence of Capital Measurement and Capital Standards by :
Download or read book International Convergence of Capital Measurement and Capital Standards written by and published by Lulu.com. This book was released on 2004 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating and Managing Food Safety in the EU by : Harry Bremmers
Download or read book Regulating and Managing Food Safety in the EU written by Harry Bremmers and published by Springer. This book was released on 2018-08-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses EU food law from a regulatory, economic and managerial perspective. It presents an economic assessment of strategies of food safety regulation, and discusses the different regulatory regimes in EU food law. It examines the challenges of food safety in the internal market as well as the regulatory tools that are available. The book’s generic theorising and measurement of regulatory effects is supplemented by detailed analysis of key topics in food markets, such as health claims, enforcement strategies, and induced risk management at the level of the organizations producing food. The regulatory effects discussed in the book range from classical regulatory analysis covering e.g. effects of ex-ante versus ex-post regulation and content-related versus information-related regulation to new regulatory options such as behavioral regulation. The book takes as its premise the idea that economic considerations are basic to the design and functioning of the European food supply arena, and that economic effects consolidate or induce modification of the present legal structures and principles. The assessments, analyses and examination of the various issues presented in the book serve to answer the question of how economic theory and practice can explain and enhance the shaping and modification of the regulatory framework that fosters safe and sustainable food supply chains.
Book Synopsis International Regulatory Co-operation: Case Studies, Vol. 2 Canada-US Co-operation, EU Energy Regulation, Risk Assessment and Banking Supervision by : OECD
Download or read book International Regulatory Co-operation: Case Studies, Vol. 2 Canada-US Co-operation, EU Energy Regulation, Risk Assessment and Banking Supervision written by OECD and published by OECD Publishing. This book was released on 2013-05-13 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume complements the stocktaking report on International Regulatory Co-operation: Rules for a Global World by providing evidence on regulatory co-operation in the Canada-U.S. Regulatory Cooperation Council, as part of EU energy regulation, under the Global Risk Assessment Dialogue, etc.
Book Synopsis Regulatory Reform and Competitiveness in Europe: Horizontal issues by : Giampaolo Galli
Download or read book Regulatory Reform and Competitiveness in Europe: Horizontal issues written by Giampaolo Galli and published by Edward Elgar Publishing. This book was released on 2000 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of two volumes, this text discusses the horizontal issues involved in regulatory reform. Following an extended introduction by the editors, two general chapters address regulation and growth, and the regulatory burdens and failures in Europe. Other chapters deal with national competition policy, state aids, EU environmental policy, reforms in product markets, labour market reforms, the regulatory environment of small and new firms, and the current, insufficient EU reforms to improve regulatory quality.
Book Synopsis Risk Management in Regulatory Frameworks by : Lorenza Jachia
Download or read book Risk Management in Regulatory Frameworks written by Lorenza Jachia and published by . This book was released on 2012 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have been marked by many catastrophic events both natural and man-made. Close interconnections mean that the impact of these crises has been felt throughout the world. Although many tools have been developed to manage risks successfully, there can be no doubt that many of the losses we have recently witnessed could have been prevented, or minimised, in the context of an effective and well-balanced regulatory system. The goal of this publication is to provide insights and recommendations for policymakers on designing regulatory systems that result in an efficient, effective and transparent management of risks. This is a practical book. It introduces a holistic model of a regulatory system, function by function and with real-life examples, which is based on the objective of managing risks effectively.
Book Synopsis Eu Risk Regulation by : Alberto Alemanno
Download or read book Eu Risk Regulation written by Alberto Alemanno and published by Hart Pub Limited. This book was released on 2016-06-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day EU institutions and agencies make decisions about how to regulate the various risks that threaten the well-being of EU citizens. In this way the EU has produced an imposing and exponentially growing body of legislation intended to protect health, safety and the environment, although this was never really a planned development. Originally seen as a neo-functional spill-over from the internal market project, this body of legislation, collectively known as risk regulation, attests to the EU's gradual shift from mere market-creation to authentic polity-building.By combining concepts, theories and ideas that belong to different disciplines interested in risk together with EU Law, this book offers an introduction to the emerging law and policy of EU risk regulation. After laying down theoretical foundations for the study of risk regulation, it provides a systematic analysis of the institutional and substantive dimensions of EU risk regulation and, more than sectoral studies can do, hence offers a realistic account of the evolution and characterisation of the EU's involvement in citizens' daily lives. EU Risk Regulation fills a niche in European legal, policy and regulation studies and will be essential reading for scholars and professionals working in academia, legal practice and public administration.
