The legislative choice between delegated and implementing acts in EU law : walking a labyrinth

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The legislative choice between delegated and implementing acts in EU law : walking a labyrinth

edited by Eljalill Tauschinsky, Wolfgang Weiß

Edward Elgar Publishing, c2018

  • : hbk

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内容説明

In the face of current confusion regarding the use of articles 290 and 291 TFEU, there is a need to further develop the theory of legislative delegation in the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, the expert contributors offer new insights into potential developments in EU administrative law. From this emerges a tentative categorisation that separates delegated rule-making from implementing rule-making according to the differentiation of substantive and procedural matters. However, as difficulties in the categorisation continue to remain, the book explores their systemic reasons, deeply rooted in the unclear constitutional shape of the EU. The Legislative Choice Between Delegated and Implementing Acts in EU Law will be essential reading for law academics and course leaders as well as practitioners in national and EU administration interested in this ongoing debate central to EU administrative law. Contributors include: M. Chamon, J. Karsten, F. Lafarge, M. Ortino, A. Ott, S. Roettger-Wirtz, E. Tauschinsky, A. Vincze, W. Weiss, D. Zdobnoh

目次

Contents: Introduction Eljalill Tauschinsky and Wolfgang Weiss 1. Delegation versus Implementation: A deconstruction of the promise of the Lisbon Treaty Attila Vincze 2. Competition between articles 290 and 291 TFEU: what are these two articles about? Dmitrij Zdobnoh 3. The impact of the Better Regulation policy On EU delegated and implementing acts rule-making Francois Lafarge 4. Lisbon Comitology and Tertiary Law - The example of food and farm law Jens Karsten 5. Delegated and implementing acts in the regulation of pharmaceuticals - an analysis through the lens of subsidiarity Sabrina Roettger-Wirtz 6. EU Delegation of Powers in the Field of Financial Markets Regulation Matteo Ortino 7. Beyond Delegated and Implementing Acts: Where do EU Agencies Fit in the Article 290 and 291 Scheme? Merijn Chamon 8. The EU Commission's administrative agreements: "Delegated treaty-making" in between delegated and implementing rule-making Andrea Ott Instead of Conclusions - More Questions Eljalill Tauschinsky and Wolfgang Weiss Index

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