Administrative Regulation Beyond the Non-Delegation Doctrine: A Study on Eu Agencies

ISBN-13: 9781509911745 / Angielski / Twarda / 2018 / 232 str.

Marta Simoncini

Spis treści

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