A fiduciary approach to delegated and implementing rule-making in the EU : how to trust the commission

Resource Information

The work A fiduciary approach to delegated and implementing rule-making in the EU : how to trust the commission represents a distinct intellectual or artistic creation found in University of Liverpool. This resource is a combination of several types including: Work, Language Material, Books.

Label

A fiduciary approach to delegated and implementing rule-making in the EU : how to trust the commission

Title remainder

how to trust the commission

Statement of responsibility

R. Eljalill Tauschinsky

Creator

• Tauschinsky, R. Eljalill

Author

• Tauschinsky, R. Eljalill

Subject

• Administrative procedure -- European Union countries
• Democracy
• Europe -- European Union countries
• European Law
• European Union Politics
• Sources and Subjects of International Law, International Organizations
• Administrative acts -- European Union countries
• Administrative law -- European Union countries

Language

eng

Summary

This book focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU. These articles have attracted considerable attention since their introduction in 2009, and their implementation is one of the most hotly debated questions in European Administrative Law. The book takes up this timely topic, discusses it in an innovative way and offers valuable new insights. Delegated and implementing acts are the most common form of EU legal acts. However, despite their ubiquity and relevance, it is unclear how the Commission?s powers to adopt these important acts relates to subjects? democratic rights. Accordingly, the book explores the question of how the Commission?s powers to adopt delegated and implementing acts can be justified. The relationship between the Commission and the persons within the Member States who are directly affected by its rule-making should be seen, the book argues, as one of institutional trust, and as a result as a fiduciary relationship. The book begins by defining the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law. It then links this theoretical perspective with the realities of delegated and implementing acts, describing how the various roles in fiduciary relationships map onto the rule-making process that produces delegated and implementing acts, and explains how the fundamental tenet of fiduciary relationships ? loyalty ? can be included in the rule-making process

Member of

• Online access with purchase: Springer

Cataloging source

GW5XE

Dewey number

342.43066

Index

no index present

LC call number

KJE5610

Literary form

non fiction

Nature of contents

• dictionaries
• bibliography