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2020, EU Law
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter introduces the debate over new modes of decision-making and governance in the EU, and provides an account of the apparent shift towards greater use of these over time. The language of ‘new’ forms of governance in the EU refers to the move away from reliance on hierarchical modes towards more flexible modes as the preferred method of governing. A number of examples of new governance instruments and methods are provided, in particular the ‘new approach to harmonization’ and the ‘open method of coordination’. A number of other EU governance reform initiatives related to the new governance debate are also discussed, such as the subsidiarity and proportionality principles, the ‘better regulation’ initiative, and the Commission White Paper on Governance and its follow-up. The UK version contains a f...
The European Union as Guardian of Internet Privacy
The Mandate of the EU Under Article 16 TFEU and the Perspectives of Legitimacy and EffectivenessThe political milieu of the pre- and post-Brexit timeframe witnessed the exponential rise of populism and authoritarian tendencies across the continent and in its vicinity. The success of the Brexit referendum stems also from a couple of inherent deficiencies of the supranational organization. Hence, in order to fully avoid the populist tendency of comparing the European Union with a natural foe of nation-states and of using the above-mentioned deficiencies as incentives to stir up popular disenchantment, some changes in the structure and function of EU are mandatory. This policy paper will explain the aforementioned changes.
SSRN Electronic Journal
Limits to EU Powers: A Case Study on Individual Criminal Sanctions for the Enforcement of EU Law2014 •
. Bickerton, D. Hodson, and U. Puetter (eds), The New Intergovernmentalism: States and Supranational Actors in the Post Maastricht Period (Oxford University Press)
The Court of Justice’s dilemma – between ‘more Europe’ and ‘constitutional mediation'2015 •
2005 •
Challenges of the Knowledge Society
The Role of National Parliaments in Verifying the Compliance with the Principles of Proportionality and Subsidiarity2018 •
The decision-making process of the European Union is a particularly complex one and its democratic legitimacy has almost always been a preoccupation for the citizens involved in European affairs, researchers, practitioners of Union law and, ultimately, political decision-makers. Today, after an evolutionary process that began, we could say, along with the Single European Act and, as the entire union construction, is still underway, this legitimacy is ensured in a multi-level organized system. One of these, alongside the European Parliament, is represented by national parliaments. This role is regulated in detail by the provisions of the Protocols No. 1 and 2. Practically, according to Protocol No. 1, the National Parliaments have the right to receive information about the content and the effects of the institutions issuing the draft normative acts. The obligation to transmit the documents that are necessary for the exercise of their control is a prerequisite for it, since no effecti...
Technology and Regulation Journal
The Regulation of Digital Technologies in the EU: The law-making phenomena of “act-ification”, “GDPR mimesis” and “EU law brutality”2022 •
EU technology regulation, act-ification of EU law, GDPR mimesis in EU law, EU law brutality EU regulatory initiatives on technology-related topics has spiked over the past few years. On the basis of its Priorities Programme 2019-2024, while creating "Europe fit for the Digital Age", the EU Commission has been busy releasing new texts aimed at regulating a number of technology topics, including, among others, data uses, online platforms, cybersecurity, or artificial intelligence. This paper identifies three basic phenomena common to all, or most, EU new technology-relevant regulatory initiatives, namely (a) "act-ification", (b) "GDPR mimesis", and (c) "regulatory brutality". These phenomena divulge new-found confidence on the part of the EU technology legislator, who has by now asserted for itself the right to form policy options and create new rules in the field for all of Europe. These three phenomena serve as indicators or early signs of a new European technology law-making paradigm that by now seems ready to emerge.
The EU institutions have always been ‘singular’. From the very inception of the EEC it has been difficult to fit the principal institutions within any neat ordering that corresponds to that within the traditional nation state. The very location of legislative and executive power in the Rome Treaty was problematic, and these problems were exacerbated over time as new institutions developed, often initially outside the strict letter of the Treaty, in response to a complex set of political pressures. Institutional balance, as opposed to strict separation of powers, characterized the disposition of legislative and executive power in the EEC from the outset. The concept of institutional balance has a rich history. It was a central element in the republican conception of democratic ordering, embodying the ideal that the form of political ordering should encapsulate a balance between different interests, which represented different sections within civil society. This balance was perceived ...
Maastricht Centre for European Law - Master Working Paper
116 Ways to Get Rid of Unanimity: Exploring the Potential of the Market Distortion Legal Basis2022 •
American Economic Review
The coming of age of EU regulation of network industries and services of general economic interest2010 •
SSRN Electronic Journal
Deconstructing EU Federalism Through Competences2000 •
Standardisation as a regulatory technique in the process of European integration
The legitimacy of standardisation as regulatory technique in the EU – a cross-sector and multi-level analysis: An introduction2020 •
2017 •
The Legitimacy of Standardisation as a Regulatory Technique
The Legitimacy of Standardisation as a Regulatory Technique in the EU – A Cross-disciplinary and Multi-level Analysis: An Introduction2020 •
SSRN Electronic Journal
Integration through Self-Standing European Private Law: Insights from the Internal Point of View to Harmonization in Energy Market2017 •
SSRN Electronic Journal
Emergence, Growth and Mobility of European Competence on Direct Tax Regime: An Analytical and Evolutionary Review2015 •
International Organizations Law Review
How to Tame the Elusive: Lessons from the Revision of the EU Flexibility Clause2010 •
2007 •
Administrative sciences
The Subsidiarity Principle and National Parliaments Role: From Formal Need to Real Use of Powers2020 •
ICON-S International Society of Public Law 2018 Annual Conference "Identity, Security, Democracy: Challenges for Public Law" Hong Kong University, 25-27 June
To file the world: the archive as cultural heritage and the power of remembering2018 •
International Journal of Constitutional Law
Theorizing subsidiarity: Towards an ontology-sensitive approach2014 •
2018 •
2021 •
Regulation through Agencies in the EU-A New …
Agencies for European regulatory governance: A regimes approach2005 •
Legal Issues of Economic Integration
Biomedicine and EU Law: Unlikely Encounters?2011 •
2007 •
2007 •
2014 •
East African Community Law
Freedom of Establishment and the Freedom to Provide Services in the eu2017 •
2008 •
East African Community Law
Judicial Protection under eu Law: Direct Actions2017 •