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A fiduciary approach to delegated an...

Tauschinsky, R. Eljalill.

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A fiduciary approach to delegated and implementing rule-making in the EU = how to trust the commission /

Record Type:	Electronic resources : Monograph/item
Title/Author:	A fiduciary approach to delegated and implementing rule-making in the EU/ by R. Eljalill Tauschinsky.
Reminder of title:	how to trust the commission /
Author:	Tauschinsky, R. Eljalill.
Published:	Cham :Springer International Publishing : : 2020.,
Description:	xxv, 221 p. :ill., digital ;24 cm.
[NT 15003449]:	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.
Contained By:	Springer eBooks
Subject:	Administrative acts - European Union countries. -
Online resource:	https://doi.org/10.1007/978-3-030-26300-3
ISBN:	9783030263003

A fiduciary approach to delegated and implementing rule-making in the EU = how to trust the commission /
Tauschinsky, R. Eljalill.

A fiduciary approach to delegated and implementing rule-making in the EUhow to trust the commission /[electronic resource] :by R. Eljalill Tauschinsky. - Cham :Springer International Publishing :2020. - xxv, 221 p. :ill., digital ;24 cm.

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.

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.

ISBN: 9783030263003

Standard No.: 10.1007/978-3-030-26300-3doiSubjects--Topical Terms:

3445546
Administrative acts
--European Union countries.

LC Class. No.: KJE5610 / .T387 2020

Dewey Class. No.: 342.43066

A fiduciary approach to delegated and implementing rule-making in the EU = how to trust the commission /
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505 0 $a 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.
520 $a 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.
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