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Author: Maria Patrin
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages : 384
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Book Description
The European Commission decides collegially, meaning that every member of the college is equal in the adoption of decisions. The principle of collegiality is a core legal principle of the Commission's internal decision-making and dictates how the institution legitimately develops, implements and enforces policy in a multinational polity. Because of collegiality, Commissioners bear collective responsibility for the decisions they adopt. This in turn guarantees the Commissioners' independence from Member States and acts as a safeguard to the Commission's supranational character. My research focuses on the legal substance of the principle of collegiality, its implementation in the Commission's decision-making and how collegiality has evolved to adapt to changing institutional and political dynamics. The legal analysis of the principle is complemented by empirical research to retrace implementation in the different layers of decision-making (college-services) and according to the different functions performed by the Commission in its enforcement, administrative and legislative activities. Targeted case studies in specific functional areas help assess how the legal definition of collegiality matches up with reality. The thesis argues that although collegial procedures permeate every aspect of the Commission's decision-making, there is a gap between the legal concept of collegiality and its actual practice. Formally, the college of Commissioners adopts all decisions, regardless of whether they are legislative proposals or competition decisions. Behind the scenes, however, the principle is implemented with different intensities and in different ways depending on the functions performed by the Commission. These variations raise the question of how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also encourage an examination of how the principle of collegiality affects the Commission's role in the current EU institutional, legal and political setting.
Author: Maria Patrin
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages : 384
Get Book Here
Book Description
The European Commission decides collegially, meaning that every member of the college is equal in the adoption of decisions. The principle of collegiality is a core legal principle of the Commission's internal decision-making and dictates how the institution legitimately develops, implements and enforces policy in a multinational polity. Because of collegiality, Commissioners bear collective responsibility for the decisions they adopt. This in turn guarantees the Commissioners' independence from Member States and acts as a safeguard to the Commission's supranational character. My research focuses on the legal substance of the principle of collegiality, its implementation in the Commission's decision-making and how collegiality has evolved to adapt to changing institutional and political dynamics. The legal analysis of the principle is complemented by empirical research to retrace implementation in the different layers of decision-making (college-services) and according to the different functions performed by the Commission in its enforcement, administrative and legislative activities. Targeted case studies in specific functional areas help assess how the legal definition of collegiality matches up with reality. The thesis argues that although collegial procedures permeate every aspect of the Commission's decision-making, there is a gap between the legal concept of collegiality and its actual practice. Formally, the college of Commissioners adopts all decisions, regardless of whether they are legislative proposals or competition decisions. Behind the scenes, however, the principle is implemented with different intensities and in different ways depending on the functions performed by the Commission. These variations raise the question of how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also encourage an examination of how the principle of collegiality affects the Commission's role in the current EU institutional, legal and political setting.
Author: Maria Patrin
Publisher: Oxford University Press
ISBN: 0198873727
Category : Law
Languages : en
Pages : 321
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Book Description
Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making -- from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Author: Benjamin Leruth
Publisher: Routledge
ISBN: 042962414X
Category : Political Science
Languages : en
Pages : 787
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Book Description
The Routledge Handbook of Differentiation in the European Union offers an essential collection of groundbreaking chapters reflecting on the causes and consequences of this complex phenomenon. With contributions from key experts in this subfield of European Studies, it will become a key volume used for those interested in learning the nuts and bolts of differentiation as a mechanism of (dis)integration in the European Union, especially in the light of Brexit. Organised around five key themes, it offers an authoritative "encyclopaedia" of differentiation and addresses questions such as: How can one define differentiation in the European Union in the light of the most recent events? Does differentiation create more challenges or opportunities for the European Union? Is Europe moving away from an "ever closer Union" and heading towards an "ever more differentiated Union", especially as leading political figures across Europe favour the use of differentiation to reconcile divergences between member states? This handbook is essential reading and an authoritative reference for scholars, students, researchers and practitioners involved in, and actively concerned about, research in the study of European integration. As European differentiation is multifaceted and involves a wide range of actors and policies, it will be of further interest to those working on countries and/or in policy areas where differentiation is an increasingly relevant feature. The Introduction and chapters 13, 21, 30, and 35 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Maria Patrin
Publisher: Oxford University Press
ISBN: 0198873743
Category : Law
Languages : en
Pages : 321
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Book Description
Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Author: Andreas Scordamaglia-Tousis
Publisher: Kluwer Law International B.V.
ISBN: 9041147616
Category : Law
Languages : en
Pages : 476
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Book Description
There has a been a long-standing debate on the compatibility of EU competition law with fundamental rights protection, particularly as the latter is enshrined in the due process requirements of the European Convention on Human Rights (ECHR). This book, a signal contribution to that debate, assesses two questions of paramount concern: first, whether the current level of fundamental rights protection in cartel enforcement falls within the accepted ECHR standards; and second, how the often conflicting objectives of effectiveness and adequate protection of fundamental rights could optimally be achieved. Following a detailed survey of relevant EU institutional, substantive, and procedural law rules, the author offers a set of persuasive normative responses to both questions. Proceeding from an in-depth analysis of the pertinent rights and legal nature of competition proceedings under EU and ECHR law, the author goes on to examine such elements of the perceived incompatibility as the following: investigatory powers vested in competition authorities; the privilege against self-incrimination; right to privacy; “fair trial” probatory requirements; degree of use of presumptions in EU practice; Article 6 ECHR guarantees pertaining to the presumption of innocence; proving coordination of competitive behaviour; proving restriction of competition; admissibility of evidence before EU Courts and the Commission; assessment of the attribution of liability rules; EU fining rules; judicial review of cartel decisions by EU Courts; and national sanctioning rules. The author’s extraordinarily thorough presentation is rounded off with a remarkably comprehensive bibliography that lists (in addition to books and articles) newspaper articles, EU regulations and directives, soft-law guidelines and “best practices”, EU and ECtHR case law, EU Advocate General opinions, European Commission decisions, and European Ombudsman decisions. General conclusions stress the necessity of introducing further reforms to enhance the effectiveness and legitimacy of fundamental rights in the context of competition proceedings. Few books have taken such a thorough and far-reaching approach to the reconciliation of “effective public enforcement” and “fundamental rights”, or of “effective deterrence” with the principles of legality, non-retroactivity, presumption of innocence, and ne bis in idem. In the depth of its appraisal of the entire spectrum of enforcement components from a fundamental rights perspective, the book is without peers. It will be warmly welcomed by any parties interested in the intersection of competition law and human rights.
Author: Astrid Boening
Publisher: Springer Science & Business Media
ISBN: 3642324126
Category : Political Science
Languages : en
Pages : 261
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Book Description
This two-volume project provides a multi-sectoral perspective over the EU's external projections from traditional as well as critical theoretical and institutional perspectives, and is supported by numerous case studies covering the whole extent of the EU’s external relations. The aim is to strive to present new approaches as well as detailed background studies in analyzing the EU as a global actor. Volume 1: The first volume “Theoretical and Institutional Approaches to the EU’s External Relations” addresses the EU's overall external post-Lisbon Treaty presence both globally and regionally (e.g. in its "neighborhood"), with a special emphasis on the EU’s institutional framework. It also offers fresh and innovative theoretical approaches to understanding the EU’s international position. - With a preface by Alvaro de Vasoncelos (former Director European Union Institute for Security Studies) Volume 2: The second volume “Policies, Actions and Influence of the EU’s External Relations”, examines in both quantitative and qualitative contributions the EU's international efficacy from a political, economic and social perspective based on a plethora of its engagements.
Author: Martin Hedemann-Robinson
Publisher: Routledge
ISBN: 1135115850
Category : Law
Languages : en
Pages : 787
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Book Description
Offering a detailed account of the various legal arrangements at European Union level, this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principal sources of EU environmental law enforcement, it also contributes to the legal and political debates that surround the subject. Spanning three parts, the author examines the practical impact of the legal arrangements at Union level that are used to uphold EU environmental norms. Offering a comprehensive account of the current state of EU environmental law enforcement and the developments affecting it, Martin Hedemann-Robinson explores the role of the European Commission, the possibilities for private law enforcement, and the responsibilities of member state national authorities. Key legal developments that have occurred since the first edition have been incorporated, including new statutory developments and case law. Particular attention is paid to the impact of the 2007 Lisbon Treaty on foundational EU treaty provisions enabling the European Commission to take legal action against EU member states infringing Union environmental law, the establishment of a new legal architecture at Union level on the topic of environmental criminal policy, as well as increased EU legislative intervention in the area of environmental inspections. The impact of the 1998 Århus Convention on EU environmental law enforcement is also addressed in detail, including the influence of recommendations of the Århus Convention’s Compliance Committee.
Author: Dermot Hodson
Publisher: Oxford University Press
ISBN: 0198862229
Category : European Union countries
Languages : en
Pages : 505
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Book Description
In a time of disruption and rapid change, the European Union's institutions have endured. In The Institutions of the European Union, a team of expert contributors and editors explain everything you need to know about the functions, powers, and composition of these important organizations as they contend with the changing dynamics of European integration. It is the most comprehensive guide to understanding how the institutions of the EU provide political direction, govern policies, and integrate contrasting interests within the EU. New to this Edition: Fully updated to cover the institutional changes prompted by Brexit, Covid-19, and many other issues facing the EU. A new introductory chapter presents the idea of EU institutional politics and explores its different dimensions. Explores the urgent challenges of creating more diverse and inclusive EU institutions. New discussion questions help you reflect critically and engage with the content to take your learning further. Professor Uwe Puetter of Europa-Universität Flensburg, and Sabine Saurugger of Science Po Grenoble-UGA, join Dermot Hodson as editors. Book jacket.
Author: Hussein Kassim
Publisher: Oxford University Press
ISBN: 0199599521
Category : Law
Languages : en
Pages : 400
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Book Description
Co-authored by an international team of researchers and drawing on interviews with senior officials, The European Commission of the Twenty-First Century tests, challenges and refutes many widely held myths about the Commission and the people who work for it.
Author: David Spence
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 628
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Book Description
This is the first update since 1997 of a complete guide to the way the Commission works and its relationship to the other European institutions. The edition has been completely revised and rewritten with contributions from a diverse range of leading academics and practitioners.
