A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU

How to Trust the Commission

Authors: Tauschinsky, Eljalill

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  • 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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eBook $109.00
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  • ISBN 978-3-030-26300-3
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  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
Softcover $99.99
price for USA in USD
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 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.


About the authors

R Eljalill Tauschinsky lectures at the German University of Administrative Sciences, Speyer, where she spent several years researching delegated and implementing acts. She completed her Doctorate at the University of Amsterdam in the Project on the Architecture of Postnational Rule-Making. She has published widely on topics of EU procedural law and EU legal theory. 

Table of contents (7 chapters)

Table of contents (7 chapters)

Buy this book

eBook $109.00
price for USA in USD
  • ISBN 978-3-030-26300-3
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.99
price for USA in USD
Softcover $99.99
price for USA in USD
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Bibliographic Information

Bibliographic Information
Book Title
A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU
Book Subtitle
How to Trust the Commission
Authors
Copyright
2020
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-26300-3
DOI
10.1007/978-3-030-26300-3
Hardcover ISBN
978-3-030-26299-0
Softcover ISBN
978-3-030-26302-7
Edition Number
1
Number of Pages
XXV, 221
Number of Illustrations
1 b/w illustrations
Topics