A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU
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 deb
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A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU How to Trust the Commission
A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU
R. Eljalill Tauschinsky
A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU How to Trust the Commission
R. Eljalill Tauschinsky Walldorf, Baden-Württemberg, Germany
ISBN 978-3-030-26299-0 ISBN 978-3-030-26300-3 (eBook) https://doi.org/10.1007/978-3-030-26300-3 © Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
This book is the final result of a project that started in 2011. At this time, delegated and implementing acts were still rather new phenomena, and much was still unclear about how they were going to be implemented. The focus of this book was prompted by the feeling that this form of EU rule-making was in need of explanation, but that this need goes further than an interpretation of Arts. 290 and 291 TFEU. In 2011, the financial crisis appeared to be ebbing away; however, it slowly became clear that a new crisis might follow in its wake; one that is connected to the way that the EU is perceived generally or possibly connected to the way the EU ‘does things’. As a result, I felt that in order to explain delegated and implementing acts, it was necessary to look deeper than their Treaty articles. I felt that it was necessary to enquire into why this was the way that the EU ‘does things’ and how this would affect its (legal) relationship to the persons who appeared to be doubting the very structure of the EU. It is 2019 now. Some of the volatilities in EU politics and some of the criticisms of EU action in the wake of the financial crisis ha
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