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EU Executive Discretion and the Limits of Law

EU Executive Discretion and the Limits of Law

Author: Joana Mendes
Publisher: Oxford University Press
ISBN: 9780198826668
Published In: May 2019
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration.

The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive.

The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law.

It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.
Part One: EU Law and Executive Discretion - Concepts, Problems and Approaches
1: Executive Discretion in the EU: Between National Traditions and EU Law, Joana Mendes
2: Law and Discretion: A Public Law Perspective on the EU, Bernardo Mattarella
3: Indeterminacy, Legal Uncertainty, and Discretion in EU Law, Takis Tridimas
4: How Can EU Law Contain Executive Discretion?, Mark Dawson
Part Two: EU Law and Executive Discretion in Financial, Economic, and Monetary Governance
5: The European Supervisory Authorities Beyond Meroni, Niamh Moloney
6: Discretion, Economic Governance, and the (New) Political Commission, Päivi Leino & Tuomas Saarenheimo
7: Central Bank Independence, Discretion, and Judicial Review, Vestert Borger
Part Three: EU Discretion, Rationality, and Legality - Legal Principles and Means of Review
8: The Administrative-Legislative Divide in the Application of the Principle of Proportionality in EU Law, Vasiliki Kosta
9: Interdependencies between Delegation, Discretion and the Duty of Care Regarding Facts, Herwig C.H. Hofmann
10: Judicial Review of Complex Socio-Economic, Technical, and Scientific Assessments, Hanns Peter Nehl
Part Four: EU, Discretion, and Public Law - Conclusion
11: Conclusion, Joana Mendes