The Principle of Subsidiarity and its Enforcement in the EU Legal Order

The Principle of Subsidiarity and its Enforcement in the EU Legal Order
Author: Katarzyna Granat
Publisher: Bloomsbury Publishing
Total Pages: 273
Release: 2018-05-31
Genre: Law
ISBN: 1509908692

In this book, Katarzyna Granat analyses and evaluates Europe's experience with the Early Warning System (EWS) which allows national parliaments to review draft legislative acts of the European Union for their compatibility with the subsidiarity principle. The EWS was introduced in response to the perceived 'democratic deficit' of the EU and its 'creeping' competences, and represented one of the landmark reforms of the Lisbon Treaty. The purpose of this book is to present and critically analyse the functioning of the new mechanism of subsidiarity review and the role that national parliaments have played within this system. Compared to the existing leading publications on the Europeanisation of national parliaments and contributions on the EU principle of subsidiarity, this book offers – for the first time – a profound legal analysis of the procedure enriched by a comprehensive empirical analysis of the activities of national parliaments. It is directed at scholars of EU law and policy, European and national officials, and legal practitioners working in and with the national legislatures.

Subsidiarity and EU Multilevel Governance

Subsidiarity and EU Multilevel Governance
Author: Serafín Pazos-Vidal
Publisher: Routledge
Total Pages: 325
Release: 2019-02-25
Genre: Political Science
ISBN: 0429842511

This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.

Subsidiarity and Economic Reform in Europe

Subsidiarity and Economic Reform in Europe
Author: George Gelauff
Publisher: Springer Science & Business Media
Total Pages: 351
Release: 2008-04-03
Genre: Political Science
ISBN: 3540772642

Subsidiarity in the European Union, as the guiding principle of decision-making "close to the people", is often motivated and discussed from a predominantly political perspective. In this book, experts draw the demarcation between national and European policies from an economic viewpoint. Insights from economic theory and empirical research are used both to analyse the assignment of policies between the EU and its member states and to identify appropriate levels of decision-making.

Global Perspectives on Subsidiarity

Global Perspectives on Subsidiarity
Author: Michelle Evans
Publisher: Springer
Total Pages: 229
Release: 2014-05-16
Genre: Law
ISBN: 9401788103

Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.​

Author:
Publisher: Oxford University Press
Total Pages: 1345
Release:
Genre:
ISBN: 0198915543

Twenty-first Report of Session 2012-13

Twenty-first Report of Session 2012-13
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
Total Pages: 108
Release: 2012-12-11
Genre: Political Science
ISBN: 9780215050977

Administrative Regulation Beyond the Non-Delegation Doctrine

Administrative Regulation Beyond the Non-Delegation Doctrine
Author: Marta Simoncini
Publisher: Bloomsbury Publishing
Total Pages: 229
Release: 2018-06-28
Genre: Law
ISBN: 1509911715

The importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law.

Limits to EU Powers

Limits to EU Powers
Author: Jacob Öberg
Publisher: Bloomsbury Publishing
Total Pages: 259
Release: 2017-07-27
Genre: Law
ISBN: 1509903372

PRAISE FOR THE BOOK “...essential reading for anyone interested in the existence and exercise of EU powers in the field of criminal law. Öberg's critical examination of the constitutional constraints to EU action also raises many questions that are of great interest in other areas of EU competence. The book deserves a wide readership among scholars interested in the constitutional workings of the European Union.” Samuli Miettinen, University of Helsinki & Tallinn University "The main strength of this book lies in its comprehensiveness of dealing with the topical issue of EU regulatory criminal law from the fascinating perspective of limits to EU powers. Its particular contribution to existing scholarship in the field of EU criminal law concerns its focus on judicial checks on the exercise of competences as to which the book offers a convincing proposal for a stricter standard for judicial review in matters of regulatory criminal law and beyond." Professor Jannemieke Ouwerkerk, Leiden Law School "An excellent read on competence allocation in EU law and what it means in criminal law context. This book guides the reader through very complex questions of the contours of subsidiarity, national competences and the exact limits of EU powers. It also supplies up to date case studies of financial crimes and the need for the EU to act effectively and thereby increase confidence in the market and the challenges it may cause for national systems. A very timely contribution." Ester Herlin Karnell, VU University Amsterdam Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

The Question of Competence in the European Union

The Question of Competence in the European Union
Author: Loïc Azoulai
Publisher:
Total Pages: 322
Release: 2014-03
Genre: Law
ISBN: 0198705220

The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question