Research handbook on the enforcement of EU law
In: Research handbooks in european law
36 Ergebnisse
Sortierung:
In: Research handbooks in european law
In: Nijhoff Studies in European Union Law
SSRN
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 10, Heft 3, S. 538-553
ISSN: 2190-8249
In order to address "wicked problems", complex, multi-level governance structures must be established. These structures in turn require sophisticated systems of controls over public power to safeguard the rule of law. This seems to have been ignored in EU legislative practice and relevant research. This article argues that future research and legislative design of controls over public power in the EU need to be guided by the principle of connecting, aligning and making interplay between relevant concepts, institutions, procedures and scopes of different types of control belonging to the many jurisdictions, whose actors are involved in the executing of (shared) tasks in the EU. Connecting the disciplines that study these issues is a necessary prerequisite to this endeavour.
In: Journal of European public policy, Band 24, Heft 9, S. 1348-1366
ISSN: 1466-4429
In: M. Scholten, 'Mind the Trend! Enforcement of EU law has been moving to 'Brussels'', Journal of European Public Policy, 24:9, 2017
SSRN
The democratic input legitimacy of independent regulatory agencies (IRAs) is often questioned. Their independence creates distance from the main executive bodies, who therefore do not necessarily bear responsibility for them. This in turn may negatively affect the responsiveness of the 'unelected' bodies to the electorate's preferences and hence the acceptance of the authority of IRAs by the public. This article questions whether the democratic input legitimacy of IRAs should be problematic by definition. It examines the essence of the conventional way of ensuring input legitimacy, i.e. elections, and identifies the elements that create a reference level for assessment of input legitimacy, namely authorization, safeguards and accountability. It argues that if the input relationship between the public and IRAs is well organized with respect to these three elements, the input legitimacy of IRAs need not be problematic, even if IRAs are headed by the 'unelected'. Furthermore, it distinguishes two dimensions of the democratic input legitimacy problem of IRAs: democratic legitimacy of IRAs as public institutions and of IRAs' operation, and it applies the assessment formula to IRAs in the US and the EU in relation to both dimensions. Distinguishing two dimensions of the input legitimacy issue of IRAs makes it more feasible to determine the exact location of potential problems, which is essential to find appropriate solutions.
BASE
The democratic input legitimacy of independent regulatory agencies (IRAs) is often questioned. Their independence creates distance from the main executive bodies, who therefore do not necessarily bear responsibility for them. This in turn may negatively affect the responsiveness of the 'unelected' bodies to the electorate's preferences and hence the acceptance of the authority of IRAs by the public. This article questions whether the democratic input legitimacy of IRAs should be problematic by definition. It examines the essence of the conventional way of ensuring input legitimacy, i.e. elections, and identifies the elements that create a reference level for assessment of input legitimacy, namely authorization, safeguards and accountability. It argues that if the input relationship between the public and IRAs is well organized with respect to these three elements, the input legitimacy of IRAs need not be problematic, even if IRAs are headed by the 'unelected'. Furthermore, it distinguishes two dimensions of the democratic input legitimacy problem of IRAs: democratic legitimacy of IRAs as public institutions and of IRAs' operation, and it applies the assessment formula to IRAs in the US and the EU in relation to both dimensions. Distinguishing two dimensions of the input legitimacy issue of IRAs makes it more feasible to determine the exact location of potential problems, which is essential to find appropriate solutions.
BASE
In: Maastricht journal of European and comparative law: MJ, Band 21, Heft 1, S. 197-204
ISSN: 2399-5548
SSRN
Working paper
In: Forthcoming in Maastricht Journal of European and Comparative Law
SSRN
SSRN
Working paper
In: Columbia Journal of European Law, Band 19, Heft 1
SSRN
In: TARN Working Paper Series 01/2021, February 2021
SSRN