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Participation in EU Rule-making

2011-04-07 Law
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Release : 2011-04-07
Genre : Law
Kind : eBook
Book Rating : 699/5 ( reviews)

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Book Synopsis Participation in EU Rule-making by : Joana Mendes

Download or read book Participation in EU Rule-making written by Joana Mendes. This book was released on 2011-04-07. Available in PDF, EPUB and Kindle. Book excerpt: The limited scope of participation in the making of EU law remains a continued source of controversy, featuring prominently in recent institutional and political developments that have been shaping the EU's constitutional framework - most intensely in the follow up of the Commission's White Paper on Governance. Yet little attention has been paid to participation rights as a means of ensuring the procedural protection of persons affected by EU regulation in its diverse forms. This is a dimension of the rule of law that has been largely ignored by EU legislative and judicial bodies. Not only the legislator, but also the Court of Justice and the Court of First Instance tend to adhere to excessively formal conceptions of participation rights that are premised on the right to be heard in individual procedures, as well as to a restrictive view regarding the relationships between the citizens and the administration. This book shows why, in the face of new regulatory developments, these conceptions are currently inadequate to ensure the legal protection of rights and interests affected by EU regulation. Combining a conceptual analysis with thorough empirical scrutiny, this book assesses the scope of participation rights in EU law against their rationales and underlying legal values. It makes a case for the extension of participation rights to new situations and new types of procedures, in particular those that would generally fall within the category of rulemaking. It brings distinct normative insights into a crucial theme of EU administrative law, and makes a topical and timely contribution to the increasingly notable theme of public participation in EU regulation. Joanna Mendes' 2009 thesis upon which Participation in EU Rule-Making is based was awarded the the European University Institute (Florence) Mauro Cappelletti Prize for the best doctoral thesis using a methodology of comparative law

Rulemaking by the European Commission

2016 Law
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Release : 2016
Genre : Law
Kind : eBook
Book Rating : 236/5 ( reviews)

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Book Synopsis Rulemaking by the European Commission by : Carl Fredrik Bergström

Download or read book Rulemaking by the European Commission written by Carl Fredrik Bergström. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.

Participation and Participation Rights in EU Law and Governance

2015
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Release : 2015
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Book Synopsis Participation and Participation Rights in EU Law and Governance by : Joana Mendes

Download or read book Participation and Participation Rights in EU Law and Governance written by Joana Mendes. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The European Courts have maintained a restrictive approach to participation rights in EU administrative procedures. The right to be heard is primarily recognised to addressees of unfavourable administrative decisions or, at any rate, to those directly and individually concerned by them. As such, its scope is limited to procedures leading up to the adoption of individual decisions. In this book chapter, it is argued that the limits set by the European Courts, in particular the principled exclusion of participation rights from rulemaking procedures, lead to a mismatch between the powers exerted by the EU administration and the procedural guarantees that are recognised to the persons affected. Furthermore, these limits are unjustifiable in the light of the rationales of participation rights, as these have been interpreted by the European Courts. In contrast to the Courts' stance, the author puts forward criteria that may lead to the recognition of participation rights in a way that better suits the requirements of the rule of law and a paradigm of EU administrative law that is respectful of the rights and legally protected interests of the citizens. In addition, the restrictive legal approach to participation rights contrasts with the increased resort to participation in EU governance. This book chapter also highlights the contrast between the scope and meaning of more political forms of participation, on the one hand, and participation rights, on the other, and argues that a broader recognition of participation rights contributes to bridging the distance between the configuration of participation in the political realm, on the one hand, and in the legal realm, on the other. This book chapter is based on the author's PhD Thesis - Rights of participation. A rights-based approach to participation in administrative rulemaking - defended at the European University Institute on March 16th 2009.

The Actors of Postnational Rule-Making

2015-07-16 Law
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Release : 2015-07-16
Genre : Law
Kind : eBook
Book Rating : 862/5 ( reviews)

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Book Synopsis The Actors of Postnational Rule-Making by : Elaine Fahey

Download or read book The Actors of Postnational Rule-Making written by Elaine Fahey. This book was released on 2015-07-16. Available in PDF, EPUB and Kindle. Book excerpt: Despite its centrality to academic discussions of power and influence, there is little consensus in legal scholarship over what constitutes an actor in rule-making. This book explores the range of actors involved in rule-making within European Union law and Public International law, and focuses especially on actors that are often overlooked by formative and doctrinal approaches. Drawing together contributions from many scholars in various fields the book examines such issues as the accommodation of new actors in the process of postnational rule-making, the visibility or covertness of actors within the process, and the role of social acceptance and legitimacy in postnational rule-making. In its endeavour to render and examine the work and effect of actors often side-lined in the study of postnational rule-making, this book will be of great use and interest to students and scholars of EU law, international law and socio-legal studies.

ReNEUAL Model Rules on EU Administrative Procedure

2017 Law
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Release : 2017
Genre : Law
Kind : eBook
Book Rating : 300/5 ( reviews)

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Book Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig

Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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