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The last few years have seen major reforms to the delegation of powers and post-delegation supervision of the European Commission. In light of these reforms, Rulemaking by the European Commission : The New System for Delegation of Powers assesses whether the new system has really affected the old doctrine of delegation of powers, and if so, how ? Specific questions answered include : have the objectives of the reform been achieved and what were these objectives ? How does the new system affect the division of functions between the institutions of the EU and the institutional balance ? Has this new system affected the relationship between the EU and its Member States, and if so, how does it concern its citizens ? Presented by an interdisciplinary group of experts who have actively followed or participated in the process of reform, the book is structured in four parts : (1) the political and historical context in which the rule-making takes place, (2) the operation and functioning of the system before and after the reform, (3) the legal substance of a new framework for rule-making and the emerging case law from the Court of Justice of the EU, and (4) the procedural dimension, including the legal preconditions for non-institutional actors to participate
Delegation of powers --- Legislation --- Délégation des pouvoirs (Droit administratif) --- European Commission. --- European Commission --- European law --- Délégation des pouvoirs (Droit administratif) --- Delegation of powers - European Union countries --- Legislation - European Union countries
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Administrative procedure --- Administrative procedure. --- Delegation of powers --- Delegation of powers. --- Council of the European Union. --- European Commission. --- European Parliament. --- Europe --- European Commission --- Council of the European Union --- European Parliament --- Delegation of powers - European Union countries --- Administrative procedure - European Union countries
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Public law. Constitutional law --- European Union --- Concessions --- Public utilities --- Public-private sector cooperation --- Concessions (Droit administratif) --- Services publics --- Partenariat public-privé --- Delegation of powers --- Administrative law --- 35.078.6 --- 35 <4> --- BPB0804 --- -Public-private sector cooperation --- -Concessions --- -Public contracts --- -342.06094 --- Qb5.g --- Government contracts --- Municipal contracts --- Public contracts --- Contracts --- Contracting out --- Licenses --- Municipal franchises --- Private-public partnerships --- Private-public sector cooperation --- Public-private partnerships --- Public-private sector collaboration --- Cooperation --- Administration --- Law, Administrative --- Public administration --- Public law --- Constitutional law --- Indirecte overheidssteun: vergunningen, concessies --- Administratief recht. Bestuursrecht. Openbaar bestuur --(algemeen)--Europa --- Law and legislation --- 35 <4> Administratief recht. Bestuursrecht. Openbaar bestuur --(algemeen)--Europa --- 35.078.6 Indirecte overheidssteun: vergunningen, concessies --- Partenariat public-privé --- 342.06094 --- Powers, Delegation of --- Executive power --- Judicial power --- Legislative power --- Political science --- Separation of powers --- Concessions - European Union countries --- Delegation of powers - European Union countries --- Administrative law - European Union countries --- Droit administratif comparé --- Partenariats public-privé --- MARCHES PUBLICS --- CONCESSIONS --- gestion des services publics
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The Powers of the Union develops and tests a new theory of centralization and bureaucratization in the European Union. Using original data spanning five decades and a multi-method approach, Franchino argues that most EU laws rely extensively on national administrations for policy implementation and provide for ample national discretionary authority, while limiting tightly the involvement of the European Commission. However, when Council ministers do not share the same policy objectives, some have the incentive to limit national executive discretion and to rely more on the Commission. Majority voting facilitates this outcome, but the limited policy expertise of supranational bureaucrats and their biased views impede extensive supranational delegation. Finally, the European Parliament systematically attempts to limit national discretion, especially when its views differ from ministerial opinions, and tries to increase the Commission's policy autonomy. The book contributes towards understanding political-bureaucratic relations and evaluates the implications for EU democracy and subsidiarity.
Delegation of powers --- Executive power --- Délégation des pouvoirs (Droit administratif) --- Pouvoir exécutif --- European Union. --- European Union countries --- Pays de l'Union européenne --- Politics and government. --- Politique et gouvernement --- European Union --- Politics and government --- BPB0801 --- 341.17 EU <094.1> --- Europese Unie--vv {341.17 EC} vanaf 1995--Wetten. Decreten. Besluiten--EU --- 341.17 EU <094.1> Europese Unie--vv {341.17 EC} vanaf 1995--Wetten. Decreten. Besluiten--EU --- Délégation des pouvoirs (Droit administratif) --- Pouvoir exécutif --- Pays de l'Union européenne --- Powers, Delegation of --- Administrative law --- Constitutional law --- Judicial power --- Legislative power --- Political science --- Separation of powers --- Law and legislation --- E.U. --- Delegation of powers - European Union countries --- Executive power - European Union countries --- European Union countries - Politics and government --- Social Sciences --- Political Science
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