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Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making -- from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
This work is the first systematic study of the presidency of the European Commission. Drawing upon cases of attempted leadership by Jacques Delors, the Commission President from 1985-95, it examines the leadership capacity of the office-holder. This points to the inherently shared and contingent nature of Commission President's leadership in a Union where the leadership sources are widely dispersed. While this is essentially an empirical study, Endo addresses some of the theoretical implications of its findings and resulting issues.
The European Commission is at the center of the European Union's political system. Within its five-year terms each Commission proposes up to 2000 binding legal acts and therefore crucially shapes EU policy, which in turn impacts on the daily lives of more than 500 million European citizens. However, despite the Commissions key role in setting the agenda for European decision making, little is known about its internal dynamics when preparing legislation. This book provides a problem-driven, theoretically-founded, and empirically rich treatment of the so far still understudied process of position-formation inside the European Commission. It reveals that various internal political positions prevail and that the role of power and conflict inside the European Commission is essential to understanding its policy proposals. Opening the 'black box' of the Commission, the book identifies three ideal types of internal position-formation. The Commission is motivated by technocratic problem-solving, by competence-seeking utility maximization or ideologically-motivated policyseeking. Specifying conditions that favor one logic over the others, the typology furthers understanding of how the EU system functions and provides novel explanations of EU policies with substantial societal implications.
"Irreplaceable as a reference to where Catholic theology is at any given moment, Concilium maps the state of the most pressing questions with solid contributions from leading theologians and cutting edge voices. Each volume addresses major issues in dialogue with wider public discourses, regularly engaging perspectives from the religions of the world. For volumes of substance, breadth and insight, Concilium provides a most impressive response to the most important issues in theology today." Jeannine Hill Fletcher, Fordham University
La 4e de couverture indique : "European community law - an introduction provides an overview of community law, covering the origins of the community and the institutions as well as the substantive law. It is the first publication to take into account the Scottish dimension of the subject and will be of interest not only to students but to practitioners wishing to expand their European practices."
This book illustrates the 'core' principles of European Union law in a clear and understandable fashion.
This work invites readers in law, as well as those in political science, international relations, and similar disciplines to witness the fast growing emergence of a "new legal order": the law of the European Union (EU) and European Communities. Ever since its early founding through daring steps in the 1950s, Community law has gone through formidable and complex developments resulting from several enlargements and the expansion of the powers of the Communities. For reasons laid out in this book, the EU as a whole is now a field of major interest and study. This volume deals mostly with issues pertaining to the sovereignty of the member states engaged in the construction of Europe. After presenting a history of the Communities and EU, Levasseur and Scott address topics such as the EU's constitutional principles, its institutions, the sources of law, the legal remedies available, and the relationship between Community law and national legal orders. Comparative law references have been added where appropriate. In addition, this work examines the EU's defense policies and the special relations between the EU and the USA. "We certainly find in [the book] all the qualities of an excellent casebook, where the goal of providing a mass of information does not give way to the goal of stimulating classroom discussion; the goal is always to prefer thought over a mere dogmatic exposition and that, in itself, should earn this book a very large audience, even outside strictly academic circles." -- Xavier Blanc-Jouvan, American Journal of Comparative Law, 2002 "The Levasseur work...does the far superior job of conveying the constitutional and institutional structure of the European Union and the very complex jurisdiction of the courts... What the Levasseur book lacks in quantity, it makes up for in quality. The Levasseur book is absolutely the better suited to a three-hour (one semester) course or to independent study by practitioners in the field. This much more understandable work uses a European approach to a European subject, while still including an appropriate number of cases as part of the overall presentation." -- On Studying European Law, A Comparative Review of the Two Leading Books, The Tulane European and Civil Law Forum, 2003