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Administrative Regulation Beyond the Non-Delegation Doctrine

A Study on EU Agencies

By: Marta Simoncini
Media of Administrative Regulation Beyond the Non-Delegation Doctrine
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Published: 29-10-2020
Format: Paperback
Edition: 1st
Extent: 232
ISBN: 9781509943616
Imprint: Hart Publishing
Series: Modern Studies in European Law
Dimensions: 234 x 156 mm
RRP: £34.99
Online price : £31.49
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Loren Epson

About Administrative Regulation Beyond the Non-Delegation Doctrine

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.

Table Of Contents

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

Reviews

“Simoncini's book represents a fundamental landmark in the study of administrative power at European level. Through analysis of the evolutionary agencies' powers this text marks a decisive step in the study and deepening of the constitutional balance of European powers by finally giving a role and an autonomous place of prominence (autonomous dignity) to administrative power in this delicate balance.” –  Claudia Figliolia, Postdoctoral Fellow in Administrative Law, University of Rome Tor Vergata, Italian Journal of Public Law

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