Overview
- Focuses on the evaluation of delegated and implementing rule-making, based on Articles 290 and 291 TFEU
- Proposes new lines of thinking for pressing question of EU democracy
- Defines the theoretical conditions for a justificatory approach, before explaining the background and foundations of fiduciary law
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Table of contents (7 chapters)
Keywords
- Fiduciary law theory
- Delegated and implementing acts
- Commission rule-making powers
- Institutional trust
- Administrative rule-making
- Trust in EU institutions
- Foundation of EU public powers
- Democracy
- EU legal acts
- Art. 290 TFEU
- European Parliament
- EU Commission
- Treaty of Lisbon
- EU legal structures
- Democratic deficit
- european union politics
About this book
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 asa 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.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU
Book Subtitle: How to Trust the Commission
Authors: R. Eljalill Tauschinsky
DOI: https://doi.org/10.1007/978-3-030-26300-3
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-26299-0Published: 21 November 2019
Softcover ISBN: 978-3-030-26302-7Published: 21 November 2020
eBook ISBN: 978-3-030-26300-3Published: 10 November 2019
Edition Number: 1
Number of Pages: XXV, 221
Number of Illustrations: 1 b/w illustrations
Topics: European Law, Democracy, European Union Politics, Sources and Subjects of International Law, International Organizations