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Rulemaking by the European Commission

Author: Carl Fredrik Bergström

Publisher: Oxford University Press

Published: 2016-01-21

Total Pages: 506

ISBN-13: 0191008478

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.

Law and Practices of Delegated Rulemaking by the European Commission

Author: Zamira Xhaferri

Publisher: BRILL

Published: 2023-01-16

Total Pages: 384

ISBN-13: 9004523529

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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.

The Brussels Effect

Author: Anu Bradford

Publisher: Oxford University Press

Published: 2020-01-27

Total Pages: 368

ISBN-13: 0190088605

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For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Participation in EU Rule-making

Author: Joana Mendes

Publisher: Oxford University Press, USA

Published: 2011-04-07

Total Pages: 545

ISBN-13: 0199599769

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The limited scope of participation in the making of EU law remains a continued source of controversy. This book assesses the scope of legal rights to participate in EU rulemaking, criticising their limited application by the European courts and presenting a legal argument for their extension.

ReNEUAL Model Rules on EU Administrative Procedure

Author: Paul Craig

Publisher: Oxford University Press

Published: 2017

Total Pages: 331

ISBN-13: 0198795300

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The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Rulemaking by the European Commission

Author: Carl Fredrik Bergström

Publisher: Oxford University Press

Published: 2016-01-22

Total Pages: 321

ISBN-13: 019100846X

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Overriding the European Commission's Rulemaking?

Author: Michael Kaeding

Publisher:

Published: 2017

Total Pages: 33

ISBN-13:

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This article examines the European Parliament’s and Council of Minister’s use of post-Lisbon legislative vetoes to override the European Commission’s rulemaking. Using an original data set of legislative vetoes of Commission acts by both European legislators from December 2009 - April 2017, the contribution shows that levels of the formal exercise of the legislative veto to overrule the Commission’s regulatory policies are very low. Particularly interesting, the level of exercise of legislative veto provisions has not increased significantly since the Lisbon Treaty came into effect, suggesting that the ways in which the Treaty formally augmented the powers of legislative scrutiny have not resulted in appreciably greater formal exercise of these powers ultima ratio. Moreover, no significant differences appear between the Council of Ministers and the European Parliament.

The Brussels Effect

Author: Anu Bradford

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 425

ISBN-13: 0190088583

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The Brussels Effect offers a novel account of the EU by challenging the view that it is a declining world power. Anu Bradford explains how the EU exerts global influence through its ability to unilaterally regulate the global marketplace without the need to engage in neither international cooperation nor coercion.

The Law of the World Trade Organization (WTO)

Author: Petros C. Mavroidis

Publisher: West Academic Publishing

Published: 2013

Total Pages: 0

ISBN-13: 9780314287212

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This volume discusses the law of the World Trade Organization (WTO), the global forum for trade liberalization. It discusses in exhaustive manner the legal framework governing international trade that evolves out of the treaty regime and elaborates upon the major case law issued by the WTO. It further includes references to academic scholarship critiquing the caselaw, as well as discussions of the economic and political science theories of how WTO law is shaped.

Intellectual Property Rights

Author: Nikolaus Thumm

Publisher: Springer Science & Business Media

Published: 2013-03-09

Total Pages: 169

ISBN-13: 3662121018

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This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.