Administrative Regulation Beyond the Non-Delegation Doctrine: A Study on EU Agencies

Author: Marta Simoncini
Publisher: Hart Publishing
ISBN: 9781509911745

Published In: June 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509943616

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Description
Contents

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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 reserving administration to Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, namely EU institutions, EU agencies and national administrations. Within this new administrative law landscape, agencies and their powers have been essentially `upgraded'.

This book asks if 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, it asks a crucial question on the legitimacy of the ever increasing role of agencies in the exercise of EU law.

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