Overview

Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU. Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability - as well as specifically for different types of agencies' outputs, including both soft and hard laws. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future. Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies. Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze, F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, F. Meyer, C. Moser, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Türk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. Wood

Full Product Details

Author:   Miroslava Scholten ,  Alex Brenninkmeijer
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781789905410

ISBN 10:   1789905419
Pages:   360
Publication Date:   14 May 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 1 Controlling EU agencies: an introduction 1 Miroslava Scholten, Béla Strauss and Alex Brenninkmeijer PART I CONTROL IN A MULTI-JURISDICTIONAL SETTING OF THE EU: CONCEPTUAL PERSPECTIVE 2 EU agencies and the rise of a mixed administration in the EU multi-jurisdictional setting: facing the challenges of the rule of law 18 Mariavittoria Catanzariti and Alexander H. Türk 3 Opportunities and threats of agency autonomy in EU governance: integrating separate debates 39 Bjorn Kleizen and Koen Verhoest 4 Accountability in a multi-jurisdictional order 60 Gijs Jan Brandsma and Carolyn Moser 5 Principle of effective judicial protection 80 Sacha Prechal and Rob Widdershoven 6 Judicial review and judicial deference 98 Paul Craig 7 EU agency tort law and its limited role in controlling agencies 117 Elbert de Jong 8 Protection of fundamental rights in a multi-jurisdictional setting of the EU 134 Frank Meyer 9 Transparency in the multi-jurisdictional setting of the EU 157 Anoeska Buijze PART II CONTROL IN THE INSTITUTIONAL SET UP AND OPERATION OF EU AGENCIES 10 Out of control? The case of the European Asylum Support Office 177 Salvatore F. Nicolosi and David Fernandez-Rojo 11 Controlling the European Food Safety Authority 196 Simone Gabbi, Matthew Wood and Béla Strauss 12 Quis custodiet ipsos custodes? Assessing the systems of controls of the European Fisheries Control Agency’s inspecting powers 215 Federica Cacciatore and Mariolina Eliantonio 13 Eurojust: mechanisms controlling the agency for coordination and cooperation in criminal matters 234 Tom Huisjes and Stanisław Tosza 14 Controls in the case of the EU civil aviation safety rules 252 Lisette Mustert and Miroslava Scholten 15 Controlling ESMA’s enforcement powers 272 Marloes van Rijsbergen and Marta Simoncini 16 Controlling the SRB’s resolution powers 293 Jolien Timmermans and Merijn Chamon 17 Towards a comprehensive system of controls for EU agencies 312 Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos Index 328

Reviews

'This book, so fully documenting the profusion of EU administrative agencies, their importance, and the variety of their practices and authorities, makes clear the need for uniform procedural provisions, such as have been drafted by the impressive Research Network on EU Administrative Law (ReNEUAL).' --Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, US

'This book, so fully documenting the profusion of EU administrative agencies, their importance, and the variety of their practices and authorities, makes clear the need for uniform procedural provisions, such as have been drafted by the impressive Research Network on EU Administrative Law (ReNEUAL).' -- Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, US

Author Information

Edited by Miroslava Scholten, Associate Professor of EU law enforcement, Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Department of International and EU law, Faculty of Law, Economics and Governance, Utrecht University and the late Alex Brenninkmeijer, formerly Member of the European Court of Auditors and Professor of the Rule of Law’s Institutional Aspects, Utrecht University, the Netherlands

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