Law Enforcement by EU Authorities

Implications for Political and Judicial Accountability

Author: Miroslava Scholten,Michiel Luchtman

Publisher: Edward Elgar Publishing

ISBN: 1786434636


Page: 416

View: 815


EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Specialized Administrative Law of the European Union

A Sectoral Review

Author: Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Turk

Publisher: Oxford University Press, USA

ISBN: 019878743X

Category: Law

Page: 720

View: 8974


This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.

Judicial Review of Administrative Discretion in the Administrative State

Author: Jurgen de Poorter

Publisher: Springer

ISBN: 9462653070

Category: LAW

Page: 208

View: 9326


This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciarys role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterda m, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

The Age of ESMA

Governing EU Financial Markets

Author: Niamh Moloney

Publisher: Bloomsbury Publishing

ISBN: 1509921796

Category: Law

Page: 392

View: 1756


Since its establishment in 2011, the European Securities and Markets Authority (ESMA) has become a pivotal actor in EU financial market regulation and supervision. Its burgeoning influence extends from the rule-making process to supervisory convergence/coordination to direct supervision. Reflecting the now critical importance of ESMA to how the EU regulates and supervises financial markets, and with ESMA at an inflection point in its evolution, particularly in light of the Commission's 2017 proposals to reform ESMA and the UK's withdrawal from the EU, The Age of ESMA maps, contextualises, and examines ESMA's role and the implications for EU financial market governance.

The Eu Bill and Parliamentary Sovereignty

Written and Oral Evidence

Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee

Publisher: The Stationery Office

ISBN: 9780215555885


Page: 97

View: 805


This report was produced online to coincide with the second reading of the European Union Bill (Bill 106, session 2010-11, ISBN 9780215557339) on 7 December 2010. The Committee is critical that it had been given only four weeks to investigate and prepare a report on the Bill's provision affirming the principle of Parliamentary sovereignty. This report sets out in detail the legal relationship between the United Kingdom and the European Union and the current debate on the scope of Parliamentary sovereignty, then evaluates the sovereignty clause (clause 18) in the light of evidence received. The evidence suggests that the legislative supremacy of Parliament is not currently under threat from EU law. However, the Committee believes recent UK court decisions have called into question the legal basis of Parliamentary sovereignty and the legislative supremacy of Parliament. It concludes that Clause 18 is a reaffirmation of the role of a sovereign Parliament in a dualist state, nothing more, nothing less. It does not address the competing primacies of EU and national law and much evidence suggests the clause is not needed. The Bill's proposal that approval to certain changes in EU law will require first to be approved by an Act of Parliament and that the change should be approved by a referendum is also considered. This "referendum lock" is viewed as an attempt to bind future Parliaments, but the Committee concludes there is no clear evidence that one Parliament has authority to act in this way.

Enforcement of European Union Environmental Law

Author: Martin Hedemann-Robinson

Publisher: Routledge

ISBN: 113533000X

Category: Law

Page: 672

View: 520


Offering a detailed legal account of the various legal arrangements at EU level this book is an ideal reference tool for practitioners and legal scholars. As well as examining the principle 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 and assesses the practical impact of the legal arrangements at EU level that are used for the purpose of upholding EU environmental norms. Providing a comprehensive account of the current state of EU environmental law enforcement and developments affecting it, Enforcing European Union Environmental Law focuses on the principal sources of EU environmental law enforcement, examining: the role of the European Commission the possibilities for private law enforcement the responsibilities of Member State national authorities. An essential read for those studying, researching and working in the areas of environmental and European Union law.

Russia, Europe, and the Rule of Law

Author: F. J. Ferdinand Joseph Maria Feldbrugge

Publisher: Martinus Nijhoff Publishers

ISBN: 9004155333

Category: Law

Page: 223

View: 2564


An international team of authors looks at the role law has played in the transformation of Russia and evaluates the legal achievements of the Putin administration against the background of Russia's changing relationship with Europe.

Authorizing appropriation for fiscal years 2002 and 2003 for the Department of State and the Broadcasting Board of Governors, and for other purposes

hearings and markup before the Committee on International Relations, House of Representatives and the Subcommittee on International Operations and Human Rights, One Hundred Seventh Congress, first session, February 14, February 28, March 1, and March 7, 2001 and markup of H.R. 1646 on May 2, 2001

Author: United States. Congress. House. Committee on International Relations. Subcommittee on International Operations and Human Rights

Publisher: N.A


Category: Political Science

Page: 576

View: 8456



The Law, Politics, and the Constitution

Essays In Honour of Geoffrey Marshall

Author: David Butler,Vernon Bogdanor,Robert Summers

Publisher: OUP Oxford

ISBN: 9780191583490

Category: Political Science

Page: 322

View: 1932


Increasingly, in contemporary British politics, the spotlight is being thrown on issues of constitutional change and reform. The late 1990s has marked a period of significant constitutional change and political reform. The varied contributions in this book, from leading scholars in the fields of politics and constitutional law, tackle the key questions troubling politicians and observers of politics in this time of acute constitutional change. This book is a tribute to the diverse scholarship of Geoffrey Marshall, who has been an outstanding figure the study of law and politics, and a writer of extraordinary authority on constitutional matters.