The Political Accountability of EU and US Independent Regulatory Agencies

The Political Accountability of EU and US Independent Regulatory Agencies
Author: Miroslava Scholten
Publisher: Martinus Nijhoff Publishers
Total Pages: 507
Release: 2015-01-27
Genre: Law
ISBN: 9004262997

The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.

Administrative Regulation Beyond the Non-Delegation Doctrine

Administrative Regulation Beyond the Non-Delegation Doctrine
Author: Marta Simoncini
Publisher: Bloomsbury Publishing
Total Pages: 320
Release: 2018-06-28
Genre: Law
ISBN: 1509911723

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.

Law of Administrative Organization of the EU

Law of Administrative Organization of the EU
Author: Matthias Ruffert
Publisher: Edward Elgar Publishing
Total Pages: 264
Release: 2020-12-25
Genre: Law
ISBN: 1800373619

With the transfer of ever more tasks and competences to the European level the EU’s administration has become increasingly complex, with ‘agencification’ as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.

Research Handbook on the Enforcement of EU Law

Research Handbook on the Enforcement of EU Law
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Total Pages: 581
Release: 2023-09-06
Genre: Law
ISBN: 1802208038

This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

The External Dimension of EU Agencies and Bodies

The External Dimension of EU Agencies and Bodies
Author: Herwig C.H. Hofmann
Publisher: Edward Elgar Publishing
Total Pages: 245
Release: 2019
Genre: Political Science
ISBN: 1788973755

This timely book addresses urgent questions about the external actions of the EU’s decentralized agencies and their effects, such as how they should be conceptualized and assessed, and how these agencies can and should be governed in the future. Bringing together pioneering interdisciplinary work from European legal and political scholars, the book combines theory with empirical case studies to explore an underdeveloped field and identify a future research agenda. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Democratic Citizenship and the Free Movement of People

Democratic Citizenship and the Free Movement of People
Author: Willem Maas
Publisher: Martinus Nijhoff Publishers
Total Pages: 228
Release: 2013-09-05
Genre: Law
ISBN: 9004243283

Democratic states guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees EU citizens and members of their families the right to live and the right to work anywhere within EU territory. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen, but they are not uncontested. Despite citizenship's promise of equality, barriers, incentives, and disincentives to free movement make some citizens more equal than others. This book challenges the normal way of thinking about freedom of movement by identifying the tensions between the formal ideals that governments, laws, and constitutions expound and actual practices, which fall short. "Individual states and the European Union have either created or permitted the creation of direct and indirect barriers to mobility that undermine the promise of freedom of movement. The volume identifies these barriers, explains why they have arisen, discusses why they are difficult to remove, and explores their consequences." -- Joseph Carens, University of Toronto.

Controlling EU Agencies

Controlling EU Agencies
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Total Pages: 361
Release: 2020-05-29
Genre: Law
ISBN: 1789905427

Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.

Law Enforcement by EU Authorities

Law Enforcement by EU Authorities
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Total Pages: 401
Release: 2017-11-24
Genre: Law
ISBN: 1786434636

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

Non-Judicial Remedies and EU Administration

Non-Judicial Remedies and EU Administration
Author: Paola Chirulli
Publisher: Routledge
Total Pages: 272
Release: 2021-03-11
Genre: Law
ISBN: 0429595697

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

The Accountability of Expertise

The Accountability of Expertise
Author: Erik O. Eriksen
Publisher: Routledge
Total Pages: 231
Release: 2021-07-26
Genre: Political Science
ISBN: 1000409546

Based on in-depth studies of the relationship between expertise and democracy in Europe, this book presents a new approach to how the un-elected can be made safe for democracy. It addresses the challenge of reconciling modern governments’ need for knowledge with the demand for democratic legitimacy. Knowledge-based decision-making is indispensable to modern democracies. This book establishes a public reason model of legitimacy and clarifies the conditions under which unelected bodies can be deemed legitimate as they are called upon to handle pandemics, financial crises, climate change and migration flows. Expert bodies are seeking neither re-election nor popularity, they can speak truth to power as well as to the citizenry at large. They are unelected, yet they wield power. How could they possibly be legitimate? This book is of key interest to scholars and students of democracy, governance, and more broadly to political and administrative science as well as the Science Technology Studies (STS).