Administrative Regulation Beyond the Non-Delegation Doctrine

A Study on EU Agencies
Erscheinungsjahr 2020
ISBN: 978-1-5099-4361-6
Verlag: Hart Publishing

Buch, Englisch, 232 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 327 g

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.

Autoren/Hrsg.

Simoncini, Marta

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Verwaltungs-, Umwelt- und Gesundheitsrecht

Inhaltsverzeichnis

Introduction: In the Trap of EU Agencies' Powers: Perspectives for an Analysis 1
1. The Non-Delegation Doctrine and the Limits to EU Agencies' Powers

I. Introduction

II. Pillars of the Non-Delegation Doctrine in the EU

III. The Meroni Doctrine

IV. 'Dark Side' of the Meroni Doctrine

V. Meroni Doctrine Revisited: ESMA Short Selling Case

VI. Competence of EU Agencies in the Shadow of Conferral

VII. Administrative Powers and the Non-Delegation Doctrine: Variables for an Enquiry

2. Killing Me Softly? The Quasi-Regulatory Powers of EU Agencies

I. Introduction

II. Diversity of EU Agencies and Taxonomy of their Powers

III. Challenges of Adjudication and Executive Rule-Making

IV. Towards a Decentralised Model for Regulation
V. Final Remarks

3. Administrative Governance Beyond the Treaties: The Challenge of Administrative Powers

I. Introduction

II. Concept of Discretion under EU Law

III. Distinctive Significance of Administrative Discretion

IV. EU Agencies and Administrative Discretion

V. Administrative Discretion and the Non-Delegation Doctrine

VI. EU Agencies and Frameworks for Administrative Governance

VII. Distinctive Model of EU Agencies' Powers

4. Administrative Power Bundled Up: A Tenable EU Agencies' Governance?

I. Introduction

II. Principle of Autonomy

III. Procedural Protection and the Right to Good Administration

IV. Procedural Requirements and Administrative Discretion

V. Procedural Issues of Composite Administration

VI. Internal Administrative Review of EU Agencies' Acts

VII. Effective Judicial Protection Against EU Agencies' Acts

VIII. Standard of Judicial Review

IX. Meroni Doctrine Going Forward

Conclusions: The 'Long and Winding Road' to EU Administrative Regulation

Über Autor(innen)

Simoncini, Marta
Marta Simoncini is a post-doctoral fellow at King's College London and at the University of Antwerp.

Marta Simoncini is Teaching Fellow at UCL. When drafting this volume, she was FWO post-doctoral Fellow at the University of Antwerp and King's College London.