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This study of delegation and agency in the European Union, examines the role of supranational actors like the Commission, the Court of Justice, and the European Parliament in the process of European integration and in contemporary EU governance.
This book addresses the regulatory capacity of the EU as it responds to the huge challenge of realizing the single market. It explores its weaknesses, the EU regulatory networks, expert committees and EU agencies formed in response, and the exceptionally large and complex transnational regulatory system which has resulted. It defines the EU regulatory space as a multi-faceted phenomenon of institutional expansion whose shape varies across sectors and changes over time. Empirically based on the exploration of how regulatory delegation has emerged and evolved in three key EU policies (food safety, electricity, and telecommunications), the book disentangles and links together the functional, institutional and power-distributional factors and their interplay over time into a unified explanation of the many faces of the EU regulatory space.
This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.
Enabling power: European Communities Act 1972, s. 2 (2) & Finance Act 1973, s. 56 (1). Issued: 10.12.2019. Sifted: -. Made: 03.12.2019. Laid: -. Coming into force: 14.12.2019. Effect: S.I. 2000/3323; 2004/1404, 1684; 2006/182, 183, 2695, 3247, 3249, 3260; 2007/2078, 2785; 2009/463; 2011/1197; 2013/2033; 2015/350, 1782; 2018/289, 731, 1275, 1164 amended & S.I. 2018/575 partially revoked & S.I. 2006/3472 revoked. Territorial extent & classification: E/W/S/NI. General. EC note: These Regulations implement and enforce Regulation (EU) 2017/625 (OJ No. L 95, 7.4.2017, p. 1) on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ("the EU Regulation") except as regards certain provisions of that Regulation
. . . it is thanks to works like this one that we can make progress in the understanding of the phenomenon of independent regulatory authorities in Europe and elsewhere. Competition and Regulation in Network Industries When scholars and practitioners want to understand regulation in Europe, this book should be the first place they will turn. Combining innovative data, smart statistical analysis, and an in-depth knowledge of regulatory agencies and processes across a wide range of countries, Gilardi has produced an essential study of regulation and a stellar piece of scholarship. Charles Shipan, University of Michigan, US This is a crucial, important book for the study of independent regulatory agencies, an increasingly prevalent institution at the heart of the governance of markets. Gilardi offers an excellent quantitative analysis of the spread of such agencies. He presents a remarkable dataset and rigourously tests different explanations. His coverage is wide and his methods are first class. His conclusions will interest all scholars who work on the regulatory state. Mark Thatcher, London School of Economics, UK Regulatory agencies are an important aspect of the contemporary regulatory state. Drawing on an extensive body of comparative analysis, Fabrizio Gilardi s book provides a serious contribution that moves the literature forward. This book deserves to be considered carefully. Martin Lodge, London School of Economics, UK Fabrizio Gilardi s book is empirical political science of the regulatory state at its best. It has data of transnational breadth and depth that is diagnosed in a theoretically sophisticated way. The conclusion is that policymakers delegate in order to tighten the credibility of policy commitments and to tie the hands of future ministers who may have different preferences. This will become a building block for future scholarship on regulation and governance. John Braithwaite, Australian National University During the past 25 years, independent regulatory agencies have become widespread institutions for regulatory governance. This book studies how they have diffused across Europe and compares their formal independence in 17 countries and seven sectors. Through a series of quantitative analyses, it finds that governments tend to be more prone to delegate powers to independent regulators when they need to increase the credibility of their regulatory commitments and when they attempt to tie the hands of their successors. The institutional context also matters: political institutions that make policy change more difficult are functional equivalents of delegation. In addition to these factors, emulation has driven the diffusion of independent regulators, which have become socially valued institutions that help policymakers legitimize their actions, and may even have become taken for granted as the appropriate way to organize regulatory policies. Providing a broad comparison of independent regulatory agencies in Europe, Delegation in the Regulatory State will be of great interest to researchers and students in political science, public policy, and public administration.
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.
Examines the democratic legitimacy of international organisations from a republican perspective, diagnoses the EU as suffering from a democratic disconnect and offers 'demoicracy' as the cure.
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.
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.