Search Results for "accountability-and-legitimacy-in-the-european-union-oxford-studies-in-european-law"

Accountability and Legitimacy in the European Union

Accountability and Legitimacy in the European Union

  • Author: Anthony Arnull,Daniel Wincott
  • Publisher: Oxford University Press on Demand
  • ISBN: 9780199257102
  • Category: Law
  • Page: 537
  • View: 6346
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The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.

The Economic Performance of the European Union

The Economic Performance of the European Union

Issues, Trends and Policies

  • Author: Lubor Lacina,Jarko Fidrmuc,Antonin Rusek
  • Publisher: Palgrave Macmillan
  • ISBN: N.A
  • Category: Business & Economics
  • Page: 272
  • View: 7961
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This book brings together a range of economists to provide a balanced look at recent EU dynamics and economic performance, as well an exploration of future issues facing member states.

Law, Legitimacy, and European Governance

Law, Legitimacy, and European Governance

Functional Participation in Social Regulation

  • Author: Stijn Smismans
  • Publisher: Oxford University Press on Demand
  • ISBN: N.A
  • Category: Law
  • Page: 519
  • View: 5852
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This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation. The important role of interest groups in the current debates over the legitimacy of the European Union is examined. Models of functional participation, including committees, agencies, and social dialogue are analysed in the light of a detailed empirical study of EC occupational health and safety policy.

The Enforcement of EU Law

The Enforcement of EU Law

The Role of the European Commission

  • Author: Stine Andersen
  • Publisher: OUP Oxford
  • ISBN: 0191650056
  • Category: Law
  • Page: 272
  • View: 7904
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A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Controlling Comitology

Controlling Comitology

Accountability in a Multi-Level System

  • Author: G. Brandsma
  • Publisher: Springer
  • ISBN: 113731964X
  • Category: Political Science
  • Page: 184
  • View: 3736
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Comitology is the most important form of multi-level governance in the EU. Member State and Commission actors together create roughly 2,500 executive acts per year amounting to half of all European laws. Using new European and national data, this books argues that its accountability has improved over time, but that unexpected gaps have emerged.

The Constitutionalization of European Budgetary Constraints

The Constitutionalization of European Budgetary Constraints

  • Author: Maurice Adams,Federico Fabbrini,Pierre Larouche
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254196
  • Category: Law
  • Page: 430
  • View: 7400
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The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a detailed obligation that government budgets be balanced. Moreover, it required the 25 members of the EU which signed the Treaty in March 2012, to incorporate this 'golden rule' within their national Constitutions. This requirement represents a major and unprecedented development, raising formidable challenges to the nature and legitimacy of national Constitutions as well as to the future of the European integration project. This book analyses the new constitutional architecture of the European Economic and Monetary Union (EMU), examines in a comparative perspective the constitutionalization of budgetary rules in the legal systems of the Member States, and discusses the implications of these constitutional changes for the future of democracy and integration in the EU. By combining insights from law and economics, comparative institutional analysis and legal theory, the book offers a comprehensive survey of the constitutional incorporation of new fiscal and budgetary rules across Europe and a systematic normative discussion of the legitimacy issues at play. It thus contributes to a better understanding of the Euro-crisis, of the future of the EU, and the reforms needed towards a deeper and genuine EMU.

The Interface between Competition and the Internal Market

The Interface between Competition and the Internal Market

Market Separation under Article 102 TFEU

  • Author: Vasiliki Brisimi
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254498
  • Category: Law
  • Page: 273
  • View: 4389
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This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.

Accountability in Public Policy Partnerships

Accountability in Public Policy Partnerships

  • Author: J. Steets
  • Publisher: Springer
  • ISBN: 0230290612
  • Category: Political Science
  • Page: 264
  • View: 9200
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A PDF version of this book is available for free in open access via the OAPEN Library platform, www.oapen.org. This book presents a new model of accountability which ensures that public-private partnerships don't erode public accountability. It defines concrete accountability standards for different types of partnerships.

Regulation Through Agencies in the EU

Regulation Through Agencies in the EU

A New Paradigm of European Governance

  • Author: Damien Geradin,Rodolphe Muñoz,Nicolas Petit
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781845422677
  • Category: Business & Economics
  • Page: 280
  • View: 8937
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Academic researchers in the fields of law, economics and politics will find "Regulation through Agencies in the EU" of great interest as will EU law practitioners, policymakers and regulators in Europe.

Political Theory and the European Constitution

Political Theory and the European Constitution

  • Author: Lynn Dobson,Andreas Follesdal
  • Publisher: Routledge
  • ISBN: 1134297041
  • Category: Political Science
  • Page: 240
  • View: 2151
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In June 2003, the Convention on the Future of Europe released what may become the Constitution of the European Union. This timely volume provides one of the first critical assessments of the draft Constitution from the vantage point of political theory. The work combines detailed institutional analysis with normative political theory, bringing theoretical analysis to bear on the pressing issues of institutional design answered - or bypassed - by the draft Constitution. It addresses several themes that play out differently in federal arrangements than in unitary political orders: * European values, especially the legitimate role of alleged common values * liberty and powers - how does the draft Constitution address competing normative preferences? * the European interest: the noble words regarding common European objectives and values are often muddled or conflated, different actors intending quite different things. Several chapters contribute to clarifying the different senses of these terms.