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Author: Sergio Alonso de León
Publisher:
ISBN: 9788498903300
Category : Administrative law
Languages : en
Pages : 430
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Book Description
Composite administrative procedures are procedures in which administrative authorities from the Union and from Member States cooperate and each provide a relevant input into the final administrative decision taken at the Union or the national level. these procedures are becoming more and more frequent as a mechanism for the implementation of Union policies and they reflect a multi-layered system of EU and national administrative cooperation that goes beyond the old paradigm of the indirect implementation of EU Law. Nevertheless, they remain a relatively unexplored topic in European Administrative Law. However positive they may be for building networks of mutual trust between the Union and national administrative actors, and however efficient for the adoption of technically complete and consensual decisions, they raise many legal concerns. After defining these procedures and placing them in context, this ook goes on to identify the legal shortcomings to which they give rise from the perspective of the individual and points towards potential solutions. Composite procedures reflect very well the current state-of-play of European integration with regard to Administrative Law, but the European citizen should not suffer in his legal position owing to their complexit.
Author: Sergio Alonso de León
Publisher:
ISBN: 9788498903300
Category : Administrative law
Languages : en
Pages : 430
Get Book Here
Book Description
Composite administrative procedures are procedures in which administrative authorities from the Union and from Member States cooperate and each provide a relevant input into the final administrative decision taken at the Union or the national level. these procedures are becoming more and more frequent as a mechanism for the implementation of Union policies and they reflect a multi-layered system of EU and national administrative cooperation that goes beyond the old paradigm of the indirect implementation of EU Law. Nevertheless, they remain a relatively unexplored topic in European Administrative Law. However positive they may be for building networks of mutual trust between the Union and national administrative actors, and however efficient for the adoption of technically complete and consensual decisions, they raise many legal concerns. After defining these procedures and placing them in context, this ook goes on to identify the legal shortcomings to which they give rise from the perspective of the individual and points towards potential solutions. Composite procedures reflect very well the current state-of-play of European integration with regard to Administrative Law, but the European citizen should not suffer in his legal position owing to their complexit.
Author:
Publisher:
ISBN: 9789289944410
Category :
Languages : en
Pages :
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Book Description
The two contributions in this legal working paper discuss the various aspects of composite administrative procedures in the context of both Single Supervisory Mechanism (SSM) and Single Resolution Mechanism (SRM) decision-making procedures. It addresses the definition of such procedures, their relevance in the SSM and SRM context, the allocation of powers in such procedures, differences between composite procedures in the SSM and SRM spheres and differences between composite procedures and mere cooperation or exchange of information procedures. They were originally presented at the ECB legal colloquium on 'Composite administrative procedures in the European Union', which took place in Frankfurt am Main in 2020.
Author: Filipe Brito Bastos
Publisher: Bloomsbury Publishing
ISBN: 1509980431
Category : Law
Languages : en
Pages : 305
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Book Description
This book examines the European Court of Justice's principles relating to composite decision-making. Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a long-standing gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.
Author: Carol Harlow Harlow KC
Publisher: Bloomsbury Publishing
ISBN: 1782255753
Category : Law
Languages : en
Pages : 394
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Book Description
This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.
Author: Herwig Hofmann
Publisher: Edward Elgar Publishing
ISBN: 1848449208
Category : Law
Languages : en
Pages : 409
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Book Description
But European administrative law is a work under construction. This book helps to explore the current state of affairs. Thomas Gross, Common Market Law Review Drs Hofmann and Türk made a name for themselves in the field of EU administrative law with their first collection of edited essays, EU Administrative Governance (Edward Elgar) 2006, which was well reviewed and made an important contribution to the subject. The focus of their new collection, Legal Challenges in EU Administrative Law, is accountability, internal through structures and procedures and external through courts and auditors. With its many useful contributions from well-known experts it promises well. Carol Harlow, London School of Economics, UK The move towards a system of integrated administration in the EU poses considerable legal challenges. This book explores ways in which accountability, legality, legitimacy and efficiency can be ensured in the multiple forms of co-operation of European and national administrations in the delivery of EU and EC policies. Examining the procedures and structures of European administrative integration, this innovative book will be a stimulating read for academics, researchers and both undergraduate and postgraduate students in European law.
Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0198795300
Category : Law
Languages : en
Pages : 331
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Book Description
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.
Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192514520
Category : Law
Languages : en
Pages : 331
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Book Description
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.
Author: René Seerden
Publisher: Intersentia nv
ISBN: 9050952518
Category : Administrative law
Languages : en
Pages : 378
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Book Description
This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are: 1 What is administrative law? Definitions, general administrative law versus specific areas of administrative law, general administrative law in the context of constitutional law (trias politica, federal-unitary state aspects), basic principles and the practice/evolution of administrative law etc. 2 Who is administrating? An outline of the administration (organs, agencies, individual persons etc. in specific administrative law areas) in the framework of the territorial and functional organisation of the State. 3 Which instruments are available to the administration? An overview of the available public law instruments and the possibility to use private law instruments. 4 Which (formal) rules/principles (written or unwritten) govern administrative actions? An elaboration on decision-making procedures (public participation etc.) under general administrative law and specific areas of administrative law as well as more substantive rules/principles for administrative actions/decisions: 'due process in administrative matters'. 5 Access to (administrative) courts against administrative actions/decisions. Who can go to which courts (constitutional, administrative or ordinary) and are prior out-of-court proceedings necessary? How intensive or marginal is the test (of discretionary administrative powers) by the courts and what are the possible rulings of the court (based on a remedy- system for the plaintiff or on more general powers for the courts). 6 Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.
Author: Carol Harlow
Publisher: Edward Elgar Publishing
ISBN: 1784710687
Category : Law
Languages : en
Pages : 653
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Book Description
Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.
Author: Ulrich Stelkens
Publisher: Springer Science & Business Media
ISBN: 9067048399
Category : Business & Economics
Languages : en
Pages : 657
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Book Description
The EU Services Directive is one of the cornerstones for the realization of the EU internal market and is fundamental to economic and legal experts in governments, trade and industry, as well as to the general public. This book analyses in detail the different steps taken by each of 26 EU Member States (all but Greece) in the implementation process of the Services Directive. It provides not only detailed information about the changes in national law adopted by the Member States, but also facilitates a comparison of the different implementation strategies. It gives an insight in the heterogeneity or homogeneity of implementation concepts and shows how European legislation affects legislation that was originally nationally dominated, such as the law of national administration. This book is valuable reading for academics interested in European and administrative law and the transposition of European directives into domestic law, as well as for practitioners and civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive. Ulrich Stelkens and Wolfgang Weiß are both University Professors of Law at the German University of Administrative Sciences Speyer and Ordinary Members of the German Research Institute for Public Administration Speyer, Michael Mirschberger (Ass. Jur.) is research assistant at both institutions.
