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

Language: English

Published by Springer Nature Switzerland AG, Cham, 2020

3030263029 / 9783030263027

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Paperback. 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 Commissions powers to adopt these important acts relates to subjects democratic rights. Accordingly, the book explores the question of how the Commissions 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. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…

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Title
A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU (Paperback)
Author
R. Eljalill Tauschinsky
Publisher
Springer Nature Switzerland AG, Cham
Publication year
2020
Condition
new
Binding
Paperback
Language
English
ISBN 10
3030263029
ISBN 13
9783030263027

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