Law and Practices of Delegated Rulemaking by the European Commission: Nijhoff Studies in European Union Law, cartea 22
Autor Zamira Xhaferrien Limba Engleză Hardback – 10 ian 2023
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Specificații
ISBN-13: 9789004509870
ISBN-10: 9004509879
Pagini: 425
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Studies in European Union Law
ISBN-10: 9004509879
Pagini: 425
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Studies in European Union Law
Notă biografică
Zamira Xhaferri, PhD., (2020, Maastricht University) is a Lecturer in European Law at the department of European studies at the University of Amsterdam. Zamira is also a research member at the Amsterdam School for Regional, Transnational and European Studies of the Faculty of Humanities at Amsterdam University.
Cuprins
Acknowledgments
List of Tables
Abbreviations
1Introduction
1 Context
2 Setting the Scene
2.1Delegation of Rulemaking Powers to the European Commission Before Lisbon
2.2The Changes Introduced by the Lisbon Treaty
3 Research Questions
4 Research Method
5 Research Delimitations
6 Research Structure
2Delegated Rulemaking by the European Commission from Rome to Lisbon
1 Introduction
2 Delegation of Rulemaking Powers to the European Commission
2.1The Scope and Limits for Delegation
2.2The Legal Conditions for Delegation
3 The Birth and the Development of Comitology
3.1The First Comitology Decision Following the Single European Act
3.2The Maastricht Treaty and the Modus Vivendi
3.3The Second Comitology Decision
3.4The Background to the Third Comitology Decision
3.4.1 The Lamfalussy Arrangements
3.4.2 The White Paper on European Governance
3.4.3 The Constitution for Europe
3.5The Third Comitology Decision
4 Conclusion
3Delegated Rulemaking by the European Commission Post-Lisbon
1 Introduction
2 The Law-Making within the Union
2.1Legislative Acts
2.2Non-legislative Acts
2.2.1 Delegated Acts
2.2.1.1Limits for Delegation
2.2.1.2Conditions for Delegation
2.2.1.3Expert Groups
2.2.2 Implementing Acts
2.2.2.1The Comitology Regulation
2.2.2.2The rps Alignment Post-Lisbon
2.2.2.3Amending the Comitology Regulation
3 The Choice of Delegated Acts and Implementing Acts in EU law
3.1The Academic Debate
3.2The Institutional Debate
3.3The Established Jurisprudence
4 Conclusion
4Delegated Rulemaking by the European Commission in Practice
1 Introduction
2 Empirical Data in EU law
2.1Overview of rps Measures, Implementing and Delegated Acts
2.2Overview of Objections to rps Measures, Implementing and Delegated Acts by the Council
2.3Overview of Objections of Delegated Acts by the European Parliament
3 Discussion
4 The Choice of Legislative Acts, Delegated and Implementing Acts in Food and Health Matters
4.1Regulation On the Provision of Food Information to Consumers in the EU
4.1.1 Context
4.1.2 Positions of the Union Institutions
4.1.2.1The List of Mandatory Food Information
4.1.2.2Availability and Placement of Mandatory Food Information
4.1.2.3Presentation of Mandatory Food Information
4.1.2.4Instructions for the Use of a Food
4.1.2.5Labelling of the Nutrition Declaration of a Food
4.1.2.6Assessment
4.2Regulation on Foods Intended for Vulnerable Consumers in the EU
4.2.1 Context
4.2.2 Positions of the Union Institutions
4.2.2.1Establishment and Update a Union List of Food Substances
4.2.2.2Amendments of Food Definitions
4.2.2.3Assessment
4.3Regulation for the Non-commercial Movement of Pet Animals from Non-EU Countries
4.3.1 General Context
4.3.2 Positions of the Union Institutions
4.3.2.1Establishment of a Union List of Territories and Third Countries
4.3.2.2Conditions to Authorise the Non-commercial Movement of Pets from Non-EU Countries into and within the Union
4.3.2.3Assessment
4.4Animal Health Law
4.4.1 Context
4.4.2 Positions of the Union Institutions
4.4.2.1Listed Animal Diseases, Emerging Diseases, Species, and Categorisation of Listed Diseases
4.4.2.2Eradication Programmes for Animal Diseases
4.4.2.3Identification and Registration of Kept Terrestrial Animals
4.4.2.4Union Disease Notifications
4.4.2.5Assessment
4.5Directive for the Approximation of National Laws on the Manufacture, Presentation, and Sale of Tobacco Products in the EU
4.5.1 Context
4.5.2 Positions of the Union Institutions
4.5.2.1Maximum Emission Levels from Cigarettes
4.5.2.2Measurement Methods
4.5.2.3Regulation of Ingredients and Emissions
4.5.2.4General Warnings on Tobacco Products for Smoking
4.5.2.5Combined Health Warnings for Tobacco Products for Smoking
4.5.2.6Labelling of Tobacco for Smoking Other than Cigarettes, Roll-Your-Own Tobacco and Waterpipe Tobacco
4.5.2.7Appearance of Unit Packets
4.5.2.8Traceability and Security Features
4.5.2.9Nicotine-Containing Products
4.5.3 Assessment
4.6Directive on the Application of Patients’ Rights in Cross-Border Healthcare in the EU
4.6.1 Context
4.6.2 Positions of the Union Institutions
4.6.2.1Hospital and Specialised Care
4.6.2.2Recognition of Medical Prescriptions, e-Health, Cooperation on Health Technology Assessment
4.6.2.3European Reference Networks
4.6.2.4Assessment
5 The Oversight of Delegated Rulemaking in Food and Health Matters
5.1Empirical Data
5.1.1 Overview of rps Measures, Delegated and Implementing Acts
5.1.2 Oversight of rps Measures, Delegated and Implementing Acts by the European and the Council of the EU
5.1.3 Early Non-objections and Extensions of Deadlines for Delegated Acts by the European Parliament
5.2The Practice of Oversight of Delegated and Implementing Acts
5.2.1 Oversight by the Council of the EU
5.2.2 Oversight by the European Parliament
5.2.2.1Engineered Nanomaterials for Food Labelling
5.2.2.2Composition and Labelling Requirements for Processed Cereal-Based Food and Baby Food
5.2.2.3Labelling the Country of Origin or Place of Provenance for Meats
6 Discussion and Conclusion
5Conclusions
1 Introduction
2 Legislation and Delegation to the European Commission Pre-Lisbon
3 Legislation and Delegation to the European Commission Post-Lisbon
3.1The Union Legal Order
3.2Legislative and Non-legislative Acts in EU Law
3.3Delegated and Implementing Acts in EU Law
4 Delegated Rulemaking by the European Commission in Practice
4.1Empirical Data
4.2The Choice of Legislative Acts, Delegated and Implementing Acts
5 Concluding Reflections
6 Outlook
Appendix
Bibliography
Index
List of Tables
Abbreviations
1Introduction
1 Context
2 Setting the Scene
2.1Delegation of Rulemaking Powers to the European Commission Before Lisbon
2.2The Changes Introduced by the Lisbon Treaty
3 Research Questions
4 Research Method
5 Research Delimitations
6 Research Structure
2Delegated Rulemaking by the European Commission from Rome to Lisbon
1 Introduction
2 Delegation of Rulemaking Powers to the European Commission
2.1The Scope and Limits for Delegation
2.2The Legal Conditions for Delegation
3 The Birth and the Development of Comitology
3.1The First Comitology Decision Following the Single European Act
3.2The Maastricht Treaty and the Modus Vivendi
3.3The Second Comitology Decision
3.4The Background to the Third Comitology Decision
3.4.1 The Lamfalussy Arrangements
3.4.2 The White Paper on European Governance
3.4.3 The Constitution for Europe
3.5The Third Comitology Decision
4 Conclusion
3Delegated Rulemaking by the European Commission Post-Lisbon
1 Introduction
2 The Law-Making within the Union
2.1Legislative Acts
2.2Non-legislative Acts
2.2.1 Delegated Acts
2.2.1.1Limits for Delegation
2.2.1.2Conditions for Delegation
2.2.1.3Expert Groups
2.2.2 Implementing Acts
2.2.2.1The Comitology Regulation
2.2.2.2The rps Alignment Post-Lisbon
2.2.2.3Amending the Comitology Regulation
3 The Choice of Delegated Acts and Implementing Acts in EU law
3.1The Academic Debate
3.2The Institutional Debate
3.3The Established Jurisprudence
4 Conclusion
4Delegated Rulemaking by the European Commission in Practice
1 Introduction
2 Empirical Data in EU law
2.1Overview of rps Measures, Implementing and Delegated Acts
2.2Overview of Objections to rps Measures, Implementing and Delegated Acts by the Council
2.3Overview of Objections of Delegated Acts by the European Parliament
3 Discussion
4 The Choice of Legislative Acts, Delegated and Implementing Acts in Food and Health Matters
4.1Regulation On the Provision of Food Information to Consumers in the EU
4.1.1 Context
4.1.2 Positions of the Union Institutions
4.1.2.1The List of Mandatory Food Information
4.1.2.2Availability and Placement of Mandatory Food Information
4.1.2.3Presentation of Mandatory Food Information
4.1.2.4Instructions for the Use of a Food
4.1.2.5Labelling of the Nutrition Declaration of a Food
4.1.2.6Assessment
4.2Regulation on Foods Intended for Vulnerable Consumers in the EU
4.2.1 Context
4.2.2 Positions of the Union Institutions
4.2.2.1Establishment and Update a Union List of Food Substances
4.2.2.2Amendments of Food Definitions
4.2.2.3Assessment
4.3Regulation for the Non-commercial Movement of Pet Animals from Non-EU Countries
4.3.1 General Context
4.3.2 Positions of the Union Institutions
4.3.2.1Establishment of a Union List of Territories and Third Countries
4.3.2.2Conditions to Authorise the Non-commercial Movement of Pets from Non-EU Countries into and within the Union
4.3.2.3Assessment
4.4Animal Health Law
4.4.1 Context
4.4.2 Positions of the Union Institutions
4.4.2.1Listed Animal Diseases, Emerging Diseases, Species, and Categorisation of Listed Diseases
4.4.2.2Eradication Programmes for Animal Diseases
4.4.2.3Identification and Registration of Kept Terrestrial Animals
4.4.2.4Union Disease Notifications
4.4.2.5Assessment
4.5Directive for the Approximation of National Laws on the Manufacture, Presentation, and Sale of Tobacco Products in the EU
4.5.1 Context
4.5.2 Positions of the Union Institutions
4.5.2.1Maximum Emission Levels from Cigarettes
4.5.2.2Measurement Methods
4.5.2.3Regulation of Ingredients and Emissions
4.5.2.4General Warnings on Tobacco Products for Smoking
4.5.2.5Combined Health Warnings for Tobacco Products for Smoking
4.5.2.6Labelling of Tobacco for Smoking Other than Cigarettes, Roll-Your-Own Tobacco and Waterpipe Tobacco
4.5.2.7Appearance of Unit Packets
4.5.2.8Traceability and Security Features
4.5.2.9Nicotine-Containing Products
4.5.3 Assessment
4.6Directive on the Application of Patients’ Rights in Cross-Border Healthcare in the EU
4.6.1 Context
4.6.2 Positions of the Union Institutions
4.6.2.1Hospital and Specialised Care
4.6.2.2Recognition of Medical Prescriptions, e-Health, Cooperation on Health Technology Assessment
4.6.2.3European Reference Networks
4.6.2.4Assessment
5 The Oversight of Delegated Rulemaking in Food and Health Matters
5.1Empirical Data
5.1.1 Overview of rps Measures, Delegated and Implementing Acts
5.1.2 Oversight of rps Measures, Delegated and Implementing Acts by the European and the Council of the EU
5.1.3 Early Non-objections and Extensions of Deadlines for Delegated Acts by the European Parliament
5.2The Practice of Oversight of Delegated and Implementing Acts
5.2.1 Oversight by the Council of the EU
5.2.2 Oversight by the European Parliament
5.2.2.1Engineered Nanomaterials for Food Labelling
5.2.2.2Composition and Labelling Requirements for Processed Cereal-Based Food and Baby Food
5.2.2.3Labelling the Country of Origin or Place of Provenance for Meats
6 Discussion and Conclusion
5Conclusions
1 Introduction
2 Legislation and Delegation to the European Commission Pre-Lisbon
3 Legislation and Delegation to the European Commission Post-Lisbon
3.1The Union Legal Order
3.2Legislative and Non-legislative Acts in EU Law
3.3Delegated and Implementing Acts in EU Law
4 Delegated Rulemaking by the European Commission in Practice
4.1Empirical Data
4.2The Choice of Legislative Acts, Delegated and Implementing Acts
5 Concluding Reflections
6 Outlook
Appendix
Bibliography
Index