A fiduciary approach to delegated and implementing rule-making in the EU : how to trust the commission / R. Eljalill Tauschinsky.
Tauschinsky, R. Eljalill. author.
2020
KJE5610
Available Online

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Title A fiduciary approach to delegated and implementing rule-making in the EU : how to trust the commission / R. Eljalill Tauschinsky.
Author Tauschinsky, R. Eljalill. author.
ISBN 9783030263003 (electronic book)
3030263002 (electronic book)
9783030262990
DOI https://doi.org/10.1007/978-3-030-26300-3
Published Cham : Springer, 2020.
Language English
Description 1 online resource (xxv, 221 pages) : illustration.
Other Standard Identifiers 10.1007/978-3-030-26300-3 doi
Call Number KJE5610
Dewey Decimal Classification 342.43066
Summary 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.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed November 11, 2019).
Linked Resources Online Access
Record Appears in Online Resources > Ebooks
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1 Introduction
2 Commission Discretion
3 Fiduciary Discretion
4 Who is Who (or What) in this Relationship?
5 Manifesting Loyalty
6 A Loyal Commission
7 Conclusion
References.

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