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"Administrative procedure -- European Union countries"
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Regulatory reform in China and the EU : a law and economics perspective
\"With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a law and economics perspective.\"-- Provided by publisher.
Book
European Union Negotiations
The EU policy process is dependent on negotiations as a mode of reaching agreements on, and implementing, common policies. The EU negotiations differ from traditional international negotiations in several respects and this book presents a detailed analysis of the processes while examining their distinguishing features.The authors explore the variety of negotiation processes, the continuity and institutionalization of negotiation processes as well as the involvement of a variety of actors besides governments, often linked in informal networks. Going beyond the common distinctions based on issue-areas or the EU as negotiation arena as opposed to negotiating actor externally, the authors explore the impact of different stages in the policy process and the nature of the external negotiating partner.
eBook
Regulatory quality in Europe
The European Union and its member states are investing in ambitious programmes for ‘better regulation’ and targets of regulatory quality. This book lifts the veil of excessively optimistic propositions covering the whole better regulation agenda. It provides an innovative conceptual framework to handle the political complexity of regulatory governance. It approaches better regulation as an emerging public policy, with its own political context, actors, problems, rules of interaction, instruments, activities and impacts. Focusing on the key tools of impact assessment, consultation, simplification, and access to legislation, the authors provide fresh empirical evidence on the progress made in the member states and in Brussels, drawing on an extensive research project and an original survey of directors of better regulation programmes in Europe. Radaelli and De Francesco show how indicators define, measure, and appraise better regulation policy, linking measures to policy processes in which the stakeholders learn by monitoring. Although better regulation is a top priority for competitiveness in Europe and the legitimacy of EU policy, the level of commitment and the development of tools vary considerably. The major challenge for better regulation is institutionalisation - this calls for clear choices in terms of what the EU wants from better regulation. Essential reading for academics (political scientists, lawyers, and public economists) and policy-makers in charge of regulatory reforms in governments and international organisations.
eBook
European Administrative Law in the Constitutional Treaty
This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems which it poses, the Treaty establishing a Constitution for Europe being the point of reference. Under the Treaty general questions of administrative law are no longer addressed merely in a fragmented or incidental way but as a discipline that governs the exercise of sovereign powers by a supranational entity.
eBook
Better Regulation
The discourse of ‘Better Regulation’ is a hot topic, intimately associated with the drive for cost savings and a more efficient economy. In the UK and in the EU, rule-makers have lately endeavoured to achieve a more satisfactory balance between the demands of proper protection from market failure and inequity on the one hand, and commercial freedom and the potential for innovation on the other. But who is the regulator listening to, and what effect does this have on the regulatory pattern governing the integrating EU market? What is best practice in the matter of regulatory assessment. The essays in this collection explore these and other questions and will foster greater understanding of UK and EU regulation, the accountability issues involved, and problems of enforcement. It is no coincidence that since efforts to construct a Constitution for Europe have stalled the attention of policy-makers, politicians and the business community has turned instead to the quest for Better Regulation – or perhaps, it might be said, a “Better European Union”.
eBook
Droit Procédural Européen des Concentrations
Dans cet ouvrage de la serie Grands arrets, textes et documents commentes de la collection Competition Law/Droit de la concurrence , les auteurs presentent et commentent minutieusement un ensemble de textes consacres aux aspects proceduraux du controle des concentrations en droit de l'Union europeenne, en s'attachant aux fondements legislatifs, a la pratique decisionnelle et aux apports des juridictions de l'Union, notamment quant a l'interpretation et la sanction des notions en cause.Au cA ur de l'actualite et du recemment enchainement des arrets de la Cour de justice et des sanctions d'infractions procedurales, l'ouvrage propose un examen complet et actualise des questions processuelles parfois subtiles de droit des concentrations europeen.Par le biais d'une approche didactique abordant les principes directeurs, l'evolution et la pratique du controle des concentrations, ce recueil de textes commentes a pour vocation de depeindre l'etat actuel de cette branche du droit de l'Union telle qu'elle est interpretee et pratiquee par ses institutions.Les textes cites recouvrent les reglements et directives de l'Union, les actes administratifs des autorites competentes tels que les lignes directrices et communications de la Commission, la pratique decisionnelle des autorites competentes ainsi que la jurisprudence des juridictions de l'Union europeenne.Accompagnes des explications et commentaires des auteurs, praticiens specialises en la matiere, les extraits cites permettront au lecteur d'apprehender les problematiques liees a ce theme et les reponses formulees tant par le legislateur que par le juge.Cet ouvrage sera particulierement utile aux etudiants, aux praticiens du droit de la concurrence ou a tous ceux qui souhaitent decouvrir ce domaine, et leur permettra de trouver les reponses aux questions specifiques posees par cette matiere complexe et evolutive qu'est le controle des concentrations.
eBook
The National Courts’ Mandate in the European Constitution
The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes’ book offers a “bottom up” view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU’s constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.
eBook
The Judicial Construction of Europe
Alec Stone Sweet is one of the world's foremost social scientists and legal scholars. In this book, he examines the evolution of the European Union since 1959. After developing and testing a theory of integration, he then assesses the impact of the European Court of Justice on the politics of trade, sex equality, and environmental protection in the EU.
eBook