Shulph Ink
EU Executive Discretion and the Limits of Law
EU Executive Discretion and the Limits of Law
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The book explores the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have supported European integration. It focuses on the tension between law and discretion brought to the fore by the post-2010 reforms and assesses how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.
\n Format: Hardback
\n Length: 288 pages
\n Publication date: 08 May 2019
\n Publisher: Oxford University Press
\n
The expansion of the European Union's executive authority in economic and financial governance has brought to light the complexities of EU law in shaping, framing, and limiting the decision-making processes and political choices that have previously underpinned European integration. While the constitutional implications of crisis-induced transformations have been extensively discussed, the interplay between law and discretion has largely been overlooked. This book delves into this tension and examines the ways in which legal norms can (or cannot) constrain and structure the discretion of the EU executive. The post-crisis developments in EU financial and economic governance serve as a focal point for analyzing the normative challenges related to the law's relationship to the exercise of discretion. Structured into three parts, the book begins by examining the challenges to the maxim that law both grounds and constrains EU executive and administrative discretion. It explores the concepts, problems, and approaches to the relationship between law and discretion in general public law and EU law. The book then proceeds to analyze how these challenges and approaches have manifested in EU financial, economic, and monetary governance. Finally, it assesses how existing legal principles and mechanisms of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.
\n Weight: 594g\n
Dimension: 164 x 240 x 26 (mm)\n
ISBN-13: 9780198826668\n \n
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