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EU Executive Discretion and the Limits of Law

EU Executive Discretion and the Limits of Law PDF Author: Joana Mendes
Publisher: Oxford University Press
ISBN: 0192561332
Category : Law
Languages : en
Pages : 288

Book Description
The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

EU Executive Discretion and the Limits of Law

EU Executive Discretion and the Limits of Law PDF Author: Joana Mendes
Publisher: Oxford University Press
ISBN: 0192561332
Category : Law
Languages : en
Pages : 288

Book Description
The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

Substantive Accountability in Europe's New Economic Governance

Substantive Accountability in Europe's New Economic Governance PDF Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 1009228838
Category : Law
Languages : en
Pages : 333

Book Description
This book provides new concepts and detailed empirical research on how accountability practices in EU economic governance are evolving.

Parliaments in EU Economic Governance

Parliaments in EU Economic Governance PDF Author: Diane Fromage
Publisher: Routledge
ISBN: 0429589980
Category : Business & Economics
Languages : en
Pages : 169

Book Description
This book considers national parliaments’ and the European Parliament’s role in European Union (EU) economic governance. It examines the recent strengthening of parliamentary involvement, limitations to improvements, and where and how democratic deficits still exist. It also provides the basis for some reflections concerning possible future evolutions and improvements to EU economic governance. The EU’s economic governance framework has been significantly strengthened as a response to the 2008 economic and financial crisis, and the establishment of a new Banking Union in 2013. It is thus key to determine whether these additional transfers of powers to the EU level have been accompanied by an equivalent empowerment of the national and European legislatures, allowing them to ensure adequate democratic legitimation. The chapters comprehensively re-examine the democratic (throughput) legitimacy of, and within, the EU’s economic governance by focusing on national parliaments, on the European Parliament, and on mechanisms for interparliamentary cooperation. This book was originally published as a special issue of the Journal of European Integration.

Global Trends 2040

Global Trends 2040 PDF Author: National Intelligence Council
Publisher: Cosimo Reports
ISBN: 9781646794973
Category :
Languages : en
Pages : 158

Book Description
"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

The Contested Rescaling of Economic Governance in East Asia

The Contested Rescaling of Economic Governance in East Asia PDF Author: Shahar Hameiri
Publisher: Routledge
ISBN: 1317360680
Category : Social Science
Languages : en
Pages : 147

Book Description
One of the apparent contradictions which has puzzled observers of East Asian politics is why, despite the region's considerable economic integration, economic governance institutions remain largely underdeveloped. This book stems from the observation that the study of actual forms of economic governance in Asia has been impeded by the dominance of a ‘regionalism’ problematique. Scholars have focused on the emergence – or not – of regional multilateral institutions, seeking to evaluate these institutions’ capacities to enforce disciplines on Asian states. However, they have also neglected prior, and more pertinent, questions regarding the causal determinants of regional economic governance, which animate the contributions to this collection: What factors shape the scale and instruments of economic governance in Asia; and how and why is economic governance being rescaled between the sub-national, national and regional levels? In the chapters of this book, the contributors explore the social and political struggles over the scale and instruments of economic governance. They identify and explain the emergence of a wide variety of regional modes of economic governance, explain the factors shaping the spatial scale of economic governance in Asia, and discern the patterns of regional integration to which they give rise. This book was originally published as a special issue of the Australian Journal of International Affairs.

How to Fix the Euro

How to Fix the Euro PDF Author: Stephen Pickford
Publisher: Chatham House
ISBN: 9781784130138
Category : Business & Economics
Languages : en
Pages : 56

Book Description
The global economic and financial crisis that started in 2007 exposed serious flaws in the euro's original design. This report examines why Europe's economic and monetary union was so badly affected by the crisis, and assesses whether further changes need to be made to the structure of economic governance that underpins it. A Chatham House, Elcano and AREL Report

The 'Community Method'

The 'Community Method' PDF Author: R. Dehousse
Publisher: Springer
ISBN: 0230305679
Category : Political Science
Languages : en
Pages : 239

Book Description
Sixty years after its invention, the operational system of the European Union remains little-understood. The 'Community Method' provides a comprehensive empirical analysis of the functioning and achievements of the EU.

Economic Governance in Europe

Economic Governance in Europe PDF Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0191065935
Category : Law
Languages : en
Pages : 353

Book Description
The Euro-Crisis and the legal and institutional responses to it have had important constitutional implications on the architecture of the European Union (EU). Going beyond the existing literature, Federico Fabbrini's book takes a broad look and examines how the crisis and its aftermath have changed relations of power in the EU, disaggregating three different dimensions: (1) the vertical relations of power between the member states and the EU institutions, (2) the relations of power between the political branches and the courts, and (3) the horizontal relations of power between the EU member states themselves. The first part of the book argues that, in the aftermath of the Euro-crisis, power has been shifting along each of these axes in paradoxical ways. In particular, through a comparison of the United States, Fabbrini reveals that the EU is nowadays characterized by a high degree of centralization in budgetary affairs, an unprecedented level of judicialization of economic questions, and a growing imbalance between the member states in the governance of fiscal matters. As the book makes clear, however, each of these dynamics is a cause for concern - as it calls into question important constitutional values for the EU, such as the autonomy of the member states in taking decision about taxing and spending, the preeminence of the political process in settling economic matters, and the balance between state power and state equality. The second part of the book, therefore, devises possible options for future legal and institutional developments in the EU which may revert these paradoxical trends. In particular, Fabbrini considers the ideas of raising a fiscal capacitiy, restoring the centrality of the EU legislative process, and reforming the EU executive power, and discusses the challenges that accompany any further step towards a deeper Economic and Monetary Union.

EU Socio-Economic Governance since the Crisis

EU Socio-Economic Governance since the Crisis PDF Author: Jonathan Zeitlin
Publisher: Routledge
ISBN: 1351025600
Category : Political Science
Languages : en
Pages : 241

Book Description
This book is the first to be dedicated entirely to the European Semester -- a new framework for policy coordination across European Union (EU) member states. The Semester represents a major advancement in EU governance. Created in 2010 in the wake of the financial and sovereign debt crises and revamped in 2015, it was intended to provide a new socio-economic governance architecture to coordinate national policies without transferring legal sovereignty to EU level. The papers in this collection are written by authors who have already contributed to this literature and have conducted original research for their studies. The book offers an empirical and theoretical assessment of the European Semester, examining its implications along three critical axes, running respectively between the economic and the social, the supranational and the intergovernmental, and the technocratic and democratic poles of EU governance. The book concludes that the European Semester challenges established theoretical understandings of EU governance, as it is a prime example of the complexity that supersedes simple polar oppositions. The chapters were originally published in a special issue of the Journal of European Public Policy.

The European Parliament in the Contested Union

The European Parliament in the Contested Union PDF Author: Edoardo Bressanelli
Publisher: Routledge
ISBN: 1000055981
Category : Business & Economics
Languages : en
Pages : 199

Book Description
The European Parliament in the Contested Union provides a systematic assessment of the real influence of the European Parliament (EP) in policy-making. Ten years after the coming into force of the Treaty of Lisbon, which significantly empowered Europe’s only directly elected institution, the contributions collected in this volume analyse whether, and under what conditions, the EP has been able to use its new powers and shape decisions. Going beyond formal or normative descriptions of the EP’s powers, this book provides an up-to-date and timely empirical assessment of the role of the EP in the European Union, focusing on key cases such as the reforms of the EU’s economic governance and asylum policy, the Brexit negotiations and the budget. The book challenges and qualifies the conventional view that the EP has become more influential after Lisbon. It shows that the influence of the EP is conditional on the salience of the negotiated policy for the Member States. When EU legislation touches upon ‘core state powers’, as well as when national financial resources are at stake, the role of the EP – notwithstanding its formal powers – is more constrained and its influence more limited. This book provides fresh light on the impact of the EP and its role in a more contested and politicised European Union. Bringing together an international team of top scholars in the field and analysing a wealth of new evidence, The European Parliament in the Contested Union challenges conventional explanations on the role of the EP, tracking down empirically its impact on key policies and processes. It will be of great interest to scholars of the European Union, European politics and policy-making. The chapters were originally published as a special issue of the Journal of European Integration.