European Parliament Library

Administrative regulation beyond the non-delegation doctrine, a study on EU agencies, Marta Simoncini

Administrative regulation beyond the non-delegation doctrine, a study on EU agencies, Marta Simoncini
Bibliography note
Includes bibliographical references and index
index present
Literary Form
non fiction
Main title
Administrative regulation beyond the non-delegation doctrine
Nature of contents
Oclc number
Responsibility statement
Marta Simoncini
Series statement
Modern studies in European law, v. 88
Sub title
a study on EU agencies
The importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law
Table Of Contents
Introduction: In the Trap of EU Agencies' Powers: Perspectives for an Analysis 1 -- 1. The Non-Delegation Doctrine and the Limits to EU Agencies' Powers -- I. Introduction -- II. Pillars of the Non-Delegation Doctrine in the EU -- III. The Meroni Doctrine -- IV. 'Dark Side' of the Meroni Doctrine -- V. Meroni Doctrine Revisited: ESMA Short Selling Case -- VI. Competence of EU Agencies in the Shadow of Conferral -- VII. Administrative Powers and the Non-Delegation Doctrine: Variables for an Enquiry -- 2. Killing Me Softly? The Quasi-Regulatory Powers of EU Agencies -- I. Introduction -- II. Diversity of EU Agencies and Taxonomy of their Powers -- III. Challenges of Adjudication and Executive Rule-Making -- IV. Towards a Decentralised Model for Regulation -- V. Final Remarks -- 3. Administrative Governance Beyond the Treaties: The Challenge of Administrative Powers -- I. Introduction -- II. Concept of Discretion under EU Law -- III. Distinctive Significance of Administrative Discretion -- IV. EU Agencies and Administrative Discretion -- V. Administrative Discretion and the Non-Delegation Doctrine -- VI. EU Agencies and Frameworks for Administrative Governance -- VII. Distinctive Model of EU Agencies' Powers -- 4. Administrative Power Bundled Up: A Tenable EU Agencies' Governance? -- I. Introduction -- II. Principle of Autonomy -- III. Procedural Protection and the Right to Good Administration -- IV. Procedural Requirements and Administrative Discretion -- V. Procedural Issues of Composite Administration -- VI. Internal Administrative Review of EU Agencies' Acts -- VII. Effective Judicial Protection Against EU Agencies' Acts -- VIII. Standard of Judicial Review -- IX. Meroni Doctrine Going Forward -- Conclusions: The 'Long and Winding Road' to EU Administrative Regulation
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