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Process And Procedure In Eu Administration

Author: Carol Harlow
Publisher: Bloomsbury Publishing
ISBN: 1782255761
Size: 49.25 MB
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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.

Reneual Model Rules On Eu Administrative Procedure

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192514539
Size: 57.26 MB
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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.

The European Commission

Author: Michelle Cini
Publisher: Manchester University Press
ISBN: 9780719041495
Size: 21.24 MB
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Of all the organisations that shape our political environment, the European Commission is perhaps the most maligned and least understood. Complex and sometimes confusing, the Commission performs a variety of functions at the European level that often fail to fit familiar categories of administration, international organisation or governance.

Eu Administrative Law

Author: Paul Craig
Publisher: Oxford University Press, USA
ISBN: 0198831641
Size: 36.78 MB
Format: PDF
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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

The Nature Of Inquisitorial Processes In Administrative Regimes

Author: Laverne Jacobs
Publisher: Routledge
ISBN: 1317023315
Size: 65.45 MB
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‘Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

Principles Of Administrative Procedure In Ec Law

Author: Hanns Peter Nehl
Publisher: Bloomsbury Publishing
ISBN: 1847319610
Size: 37.18 MB
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This book presents an analysis of the recent development of administrative procedures in EC law. It is a pathbreaking study of what might be termed the "constitutionalising norms†? now emerging,including a range of 'process rights' and procedural standards, such as the right to access to information, the right to be heard, the principle of care and duty to state reasons. These new standards are increasingly applied in areas as diverse as competition, State aids, customs matters, anti-dumping and the European Social Fund. Different strands of case-law of the EC courts are thus connected to document the overall evolution of procedural rules peculiar to the EC administrative system as a whole. The author adopts a critical stance, in particular, towards the case-law of the Court of First Instance and points out the increasing pressure being brought to bear on the European Commission in respect of its procedural requirements. Particular emphasis is placed on the concept of 'care', i.e. the duty to collect and examine the factual and legal points of individual cases impartially and carefully. The book reveals both the theoretical and practical relevance of this principle as a means of both procedural and substantive review and the reasons why it is likely to be misinterpreted by the courts.

Ready For Europe

Author: Barbara Nunberg
Publisher: World Bank Publications
ISBN: 9780821347379
Size: 69.36 MB
Format: PDF, ePub
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As the ongoing political and economic transition in the Central and Eastern Europe countries (CEE) moves into the next century, the most advanced countries in the region are preparing to deal with their prospective entry into the European Union. More a process than an event, joining the EU is likely to place heightened demands on public administrations throughout the region. To assist these countries with their efforts, the Bank conducted a study of the regions. The results of that study are included in this volume.'Ready for Europe' specifies and clarifies the administrative requirements of accession. The author uses in-depth case studies for three pre-accession countries, Estonia, Hungary, and the Czech Republic to make these specifications. The book defines the performance level countries will need to attain for a range of administrative tasks so the countries may reach a minimal threshold for EU membership. It applies selected standards to determine each country's readiness for accession and for the longer-term transition agenda. The author focuses on these three critical areas of administrative performance in the context of EU accession: • How advanced is the development of a politically neutral, professional human resource cadre in the civil service? • Do countries have the necessary institutional infrastructure at the government's core (that is, cabinet level) to formulate and coordinate policymaking in an efficient and democratic manner? • How well are the dedicated institutional structures and processes established to shepherd countries through the accession process working?

European Union Law

Author: Damian Chalmers
Publisher: Cambridge University Press
ISBN: 1139487884
Size: 73.14 MB
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This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.

Citizens Initiatives In Europe

Author: Maija Setälä
Publisher: Palgrave Macmillan
ISBN: 0230319696
Size: 22.30 MB
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An exploration and analysis of the regulation and practices of citizens' initiatives in eleven European democracies and the EU. The contributors to this volume shed light on how citizens' initiatives influence patterns of political agenda-setting in representative democracies and how they can contribute to participatory democracy.