The European Parliament and Delegated Legislation: An Institutional Balance Pers

Description: The European Parliament and Delegated Legislation by Merijn Chamon This book revisits the Treaty of Lisbons promise to further parliamentarize the EUs functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliaments formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading. FORMAT Hardcover CONDITION Brand New Author Biography Merijn Chamon is Professor of EU Law at the Vrije Universiteit Brussel and Visiting Professor at the College of Europe, Bruges, Belgium. Table of Contents 1. Introduction I. A Primer: Operationalising Institutional Balance as a Yardstick for Assessing Institutional DevelopmentsA. Devising an Institutional Balance TestB. Applying the Institutional Balance Test to Identify Constitutional ModificationsII. Structure of the Enquiry2. A Formal Reading of the Lisbon Treaty I. The Formal Catalogue of ActsII. The Lisbon Treatys Atypical ActsIII. The Distinction between Delegated and Implementing Acts:A Cursory Reading of the TFEUA. Key Features of Article 290 TFEUB. Key Features of Article 291 TFEUIV. Parliamentary Control Over Post-Lisbon Executive Acts3. The Road Leading Up to the Lisbon Treaty I. Comitologys Origins and Original SinII. Judicial Sanctioning of Comitology and the Commissions Broad Implementing PowersIII. From the Single European Act to the 2006 Revision of the Second Comitology DecisionA. Codification: The SEA and the First Comitology DecisionB. A Call for Parliamentarisation and the Second Comitology DecisionC. The Constitution and the Amendment of the Second Comitology DecisionIV. A Recalibrated Institutional Balance4. The Exponential Multiplication of Delimitation Problems I. Delimitation of Autonomous Executive Acts against (Delegated) Legislation and ImplementationA. Autonomous Executive Acts vs LegislationB. Autonomous Executive Acts vs ImplementationC. Institutional ImplicationsII. Delimitation of Legislation and DelegationIII. Delimitation of Delegated and Implementing ActsA. Judicial Clarifications in Biocides, Eures Network and Visa Reciprocity B. Amendments as ImplementationC. The PRAC, a Zombie in EU LawD. The 2019 Inter-Institutional AgreementE. Legislative Practice in Light of the 2019 IIA5. Delegated Power: Further Limits and Procedure I. The Passive Personal Scope of Article 290 TFEUII. Breaking Down the Specificity RequirementA. Duration and ObjectivesB. Content and ScopeIII. Testing Specificity in PracticeIV. Procedural Limits to the Exercise of Delegated PowersA. The Drafting of Delegated ActsB. The Control Exercised by the Legislator: Objection and Revocation6. Implementing Power: Triggering Factors, Nature, Extent and Procedure I. The Notion of Uniform ConditionsII. Reconceptualising Implementing Powers Post-LisbonA. May Implementing Acts Implement Delegated Acts?B. The Nature and Extent of Implementing Powers under Article 291 TFEUC. The Eures Network Standard as the Single Standard for ImplementationD. The Institutions Constitutional Modification of Article 291(2) TFEUIII. Exceptional Implementation by the CouncilA. CFSP Implementation by the CouncilB. Duly Justified Specific Cases of Implementation by the CouncilC. Implementation by the European CouncilIV. The (not so) Closed List of Implementing actors and Implementing ActsA. EU AgenciesB. Sui Generis Implementing ActsV. The Comitology ProceduresA. The Proposal for and Negotiations on the Comitology RegulationB. The Comitology RegulationC. The Functioning of the Post-Lisbon Comitology RegimeD. The European Parliaments Droit de Regard VI. No Self-Love, the 2017 Proposal to Amend the Comitology Regulation7. The Practice and Politics of Delegated Legislation I. Strategies in Delegating PowersA. Adding Levels and Strategies to the ModelB. Testing the ModelII. General Data Protection RegulationA. The Commissions ProposalB. The Trilogues and the Resulting Text of the GDPRC. AssessmentIII. Data Governance ActA. The Commissions ProposalB. The Trilogues and the Resulting Text of the Data Governance ActC. AssessmentIV. Refining the Model8. Conclusion I. Looking Back …II. … to Move ForwardAnnex: Overview of Autonomous Executive Legal Bases Review The work of Merijn Chamon is a valuable study for anyone interested in EU law, since it offers both a descriptive account of the different types of acts [under the Lisbon Treaty] and their procedures, as well as offering a reflection on the challenges, problems and solutions which these new categories of acts may produce. (Bloomsbury Translation) -- Sylvain Thiery, Université de Lille * Revue Trimestrielle de Droit Européen *The book is bold and provocative in its findings … Few works have confronted EU law scholarship as powerfully with the essential question that [Merijn] Chamon asks throughout. That is the question of where the boundary lies between institutional practice and institutional balance – or, put differently, between power dynamics that legitimately evolve under a living constitution and power grabs that illegitimately prevent constitutional reform from being brought to life … The book challenges EU law scholarship to engage in a much more profound debate about institutional balance in practice. Few could have initiated that debate as expertly as Chamon. * Common Market Law Review * Promotional Offers important new perspective on executive rulemaking in the European parliament. Promotional "Headline" Offers important new perspective on executive rulemaking in the European parliament. Feature Offers important new perspective on executive rulemaking in the European parliament Details ISBN1509931856 Author Merijn Chamon Year 2022 ISBN-10 1509931856 ISBN-13 9781509931859 Format Hardcover Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom NZ Release Date 2022-11-03 Publication Date 2022-11-03 UK Release Date 2022-11-03 Pages 232 Subtitle An Institutional Balance Perspective Publisher Bloomsbury Publishing PLC Series Parliamentary Democracy in Europe DEWEY 341.242224 Audience Professional & Vocational AU Release Date 2022-11-02 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:138861708;

Price: 242.67 AUD

Location: Melbourne

End Time: 2024-12-04T03:20:00.000Z

Shipping Cost: 0 AUD