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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.
Book Synopsis Participation in EU Rule-making by : Joana Mendes
Download or read book Participation in EU Rule-making written by Joana Mendes and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.
Book Synopsis Rulemaking by the European Commission by : Carl Fredrik Bergström
Download or read book Rulemaking by the European Commission written by Carl Fredrik Bergström and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.
Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
Book Synopsis The Actors of Postnational Rule-Making by : Elaine Fahey
Download or read book The Actors of Postnational Rule-Making written by Elaine Fahey and published by Routledge. This book was released on 2015-07-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.
The European Courts have maintained a restrictive approach to participation rights in EU administrative procedures. The right to be heard is primarily recognised to addressees of unfavourable administrative decisions or, at any rate, to those directly and individually concerned by them. As such, its scope is limited to procedures leading up to the adoption of individual decisions. In this book chapter, it is argued that the limits set by the European Courts, in particular the principled exclusion of participation rights from rulemaking procedures, lead to a mismatch between the powers exerted by the EU administration and the procedural guarantees that are recognised to the persons affected. Furthermore, these limits are unjustifiable in the light of the rationales of participation rights, as these have been interpreted by the European Courts. In contrast to the Courts' stance, the author puts forward criteria that may lead to the recognition of participation rights in a way that better suits the requirements of the rule of law and a paradigm of EU administrative law that is respectful of the rights and legally protected interests of the citizens. In addition, the restrictive legal approach to participation rights contrasts with the increased resort to participation in EU governance. This book chapter also highlights the contrast between the scope and meaning of more political forms of participation, on the one hand, and participation rights, on the other, and argues that a broader recognition of participation rights contributes to bridging the distance between the configuration of participation in the political realm, on the one hand, and in the legal realm, on the other. This book chapter is based on the author's PhD Thesis - Rights of participation. A rights-based approach to participation in administrative rulemaking - defended at the European University Institute on March 16th 2009.
Book Synopsis Participation and Participation Rights in EU Law and Governance by : Joana Mendes
Download or read book Participation and Participation Rights in EU Law and Governance written by Joana Mendes and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Courts have maintained a restrictive approach to participation rights in EU administrative procedures. The right to be heard is primarily recognised to addressees of unfavourable administrative decisions or, at any rate, to those directly and individually concerned by them. As such, its scope is limited to procedures leading up to the adoption of individual decisions. In this book chapter, it is argued that the limits set by the European Courts, in particular the principled exclusion of participation rights from rulemaking procedures, lead to a mismatch between the powers exerted by the EU administration and the procedural guarantees that are recognised to the persons affected. Furthermore, these limits are unjustifiable in the light of the rationales of participation rights, as these have been interpreted by the European Courts. In contrast to the Courts' stance, the author puts forward criteria that may lead to the recognition of participation rights in a way that better suits the requirements of the rule of law and a paradigm of EU administrative law that is respectful of the rights and legally protected interests of the citizens. In addition, the restrictive legal approach to participation rights contrasts with the increased resort to participation in EU governance. This book chapter also highlights the contrast between the scope and meaning of more political forms of participation, on the one hand, and participation rights, on the other, and argues that a broader recognition of participation rights contributes to bridging the distance between the configuration of participation in the political realm, on the one hand, and in the legal realm, on the other. This book chapter is based on the author's PhD Thesis - Rights of participation. A rights-based approach to participation in administrative rulemaking - defended at the European University Institute on March 16th 2009.
Book Synopsis Procedures for Local and Regional Authority Participation in European Policy Making in the Member States by : Committee of the Regions
Download or read book Procedures for Local and Regional Authority Participation in European Policy Making in the Member States written by Committee of the Regions and published by . This book was released on 2005 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rights of Participation in European Administrative Law by : Joana Mendes
Download or read book Rights of Participation in European Administrative Law written by Joana Mendes and published by . This book was released on 2009 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Managing the European Union offers a coherent overview of how particular pieces of EU law are produced and shows how they are actually adopted, from start to finish, resulting in an account of the process which is of both practical and academic interest. The title presents a holistic view of EU law-making using an adapted 'policy cycle', giving a concise account of the principles and practices involved in policy initiation, legislative decision-making, and delegated and implementing acts, as well as considering EU law-making in the perspective of good governance. The title includes many procedural details, as well as illustrative examples, which are not found in other books. Chapters include: - EU Law-Making and the Policy Cycle - Policy Initiation: the European Commission - Legislative Decision-Making: the Parliament and the Council - Delegated and Implementing Acts - Case Study: the EU Timber Regulation - Conclusions: EU Law-Making and EU Governance
Book Synopsis EU Law-Making in Principle and Practice by : Edward Best
Download or read book EU Law-Making in Principle and Practice written by Edward Best and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing the European Union offers a coherent overview of how particular pieces of EU law are produced and shows how they are actually adopted, from start to finish, resulting in an account of the process which is of both practical and academic interest. The title presents a holistic view of EU law-making using an adapted 'policy cycle', giving a concise account of the principles and practices involved in policy initiation, legislative decision-making, and delegated and implementing acts, as well as considering EU law-making in the perspective of good governance. The title includes many procedural details, as well as illustrative examples, which are not found in other books. Chapters include: - EU Law-Making and the Policy Cycle - Policy Initiation: the European Commission - Legislative Decision-Making: the Parliament and the Council - Delegated and Implementing Acts - Case Study: the EU Timber Regulation - Conclusions: EU Law-Making and EU Governance
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Book Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig
Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
This book presents in a concise and accessible way why the EU institutional system exists in its present form, how the EU fits into the world as a system of governance, and who is involved in EU policy processes. It outlines the historical context which has shaped the EU system, gives a summary of the system's basic principles and structures, and describes its actors, procedures and instruments. The main theme is to show that EU decision-making is not just a matter of action at some higher and separate level, of ‘them and us’, but rather that it involves different forms of cooperation between European, national and regional authorities, as well as interaction between public and private actors. Numerous short case studies illustrate how people’s day-to-day activities are affected by EU decisions, and how individuals’ concerns are represented in the decision-making process. The book provides insights and examples which will be very helpful for all students of European integration. It will also be a valuable resource for European citizens wishing to understand the basic realities and rationales, as well as some of the dilemmas, behind EU policy-making.
Book Synopsis Understanding EU Decision-Making by : Edward Best
Download or read book Understanding EU Decision-Making written by Edward Best and published by Springer. This book was released on 2016-02-04 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents in a concise and accessible way why the EU institutional system exists in its present form, how the EU fits into the world as a system of governance, and who is involved in EU policy processes. It outlines the historical context which has shaped the EU system, gives a summary of the system's basic principles and structures, and describes its actors, procedures and instruments. The main theme is to show that EU decision-making is not just a matter of action at some higher and separate level, of ‘them and us’, but rather that it involves different forms of cooperation between European, national and regional authorities, as well as interaction between public and private actors. Numerous short case studies illustrate how people’s day-to-day activities are affected by EU decisions, and how individuals’ concerns are represented in the decision-making process. The book provides insights and examples which will be very helpful for all students of European integration. It will also be a valuable resource for European citizens wishing to understand the basic realities and rationales, as well as some of the dilemmas, behind EU policy-making.
"This title was first published in 2001. This text looks at who makes the rules for public law and how they get made. It covers who participates in the rulemaking process and the limits on public law in the United States and Europe."--Provided by publisher.
Book Synopsis Rulemaking Participation and the Limits of Public Law in the United States and in Europe (England-Germany-Greece) by : Theodora Th Ziamou
Download or read book Rulemaking Participation and the Limits of Public Law in the United States and in Europe (England-Germany-Greece) written by Theodora Th Ziamou and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2001. This text looks at who makes the rules for public law and how they get made. It covers who participates in the rulemaking process and the limits on public law in the United States and Europe."--Provided by publisher.
