European Union Law

Controlling EU Agencies: The Rule of Law in a Multi-jurisdictional Legal Order

Edited by Miroslava Scholten · Alex Brenninkmeijer
Edward Elgar Publishing May 2020

Specifications

ISBN-13
9781789905410
Publisher
Edward Elgar Publishing
Publication
May 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification, Europeanisation of the executive in the EU and shared administration.

Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability – as well as specifically for different types of agencies’ outputs, including both soft and hard laws and enforcement actions. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future.

Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies.

Table of Contents

Preface
1. Controlling EU Agencies: an Introduction
Miroslava Scholten, Béla Strauss and Alex Brenninkmeijer
2. EU agencies and the rise of a mixed administration in the EU multi-jurisdictional setting: facing the challenges of the rule of law
Mariavittoria Catanzariti and Alexander H. Türk
3. Opportunities and threats of agency autonomy in EU governance: integrating separate debates
Bjorn Kleizen and Koen Verhoest
4. Accountability in a multi-jurisdictional order
Gijs Jan Brandsma and Carolyn Moser
5. Principle of Effective Judicial Protection
Sacha Prechal and Rob Widdershoven
6. Judicial Review and Judicial Deference
Paul Craig
7. EU Agency Tort Law and its Limited Role in Controlling Agencies
Elbert de Jong
8. Protection of fundamental rights in a multi-jurisdictional setting of the EU
Frank Meyer
9. Transparency in the multi-jurisdictional setting of the EU
Anoeska Buijze
10. Out of control? The case of the European Asylum Support Office
Salvatore F. Nicolosi and David Fernandez-Rojo
11. Controlling the European Food Safety Authority
Simone Gabbi, Matthew Wood and Béla Strauss
12. Quis custodiet ipsos custodes? Assessing the systems of controls of the European Fisheries Control Agency’s inspecting powers
Federica Cacciatore and Mariolina Eliantonio
13. Eurojust: mechanisms controlling the agency for coordination and cooperation in criminal matters
Tom Huisjes and Stanislaw Tosza
14. Controls in the case of the EU civil aviation safety rules
Lisette Mustert and Miroslava Scholten
15. Controlling ESMA’s enforcement powers
Marloes van Rijsbergen and Marta Simoncini
16. Controlling the SRB’s resolution powers
Jolien Timmermans and Merijn Chamon
17. Towards a comprehensive system of controls for EU agencies
Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos
Index
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