Search results for: transparency-in-eu-institutional-law

Transparency in EU Institutional Law A Practitioner s Handbook

Author : Bart Driessen
File Size : 46.98 MB
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This book, which takes account of legal developments until June 2012, describes in detail the EU law affecting the transparency of the institutions as well as the actual practice of the European Commission, the Council and the European Parliament. The relevant practice of other institutions and bodies is also considered. Among the topics covered are: the scope and extent of public access to documents under Regulation 1049/2001; the impact on public access of Regulation 1367/2006 (the ‘Aarhus Regulation’); the procedure for applying for public access; rules on classified information; data protection and public access; the openness of decision-making, the relationship of Regulation 1049/2001 and other rules on access to documents; the law pertaining to the Official Journal; other aspects of transparency of EU decision-making, such as languages, quality of drafting and the involvement of lobbyists; remedies in Court and before the Ombudsman. Fulfilling the clear need for a practical guide to the nuts and bolts of the law and practice on transparency in the EU's institutional system, this book is written for the practitioner and indeed any party with an interest in availing of his or her rights under EU law. It is the only legal resource that serves this function and does so with élan and a matchless clarity.

Research Handbook on EU Institutional Law

Author : Adam Lazowski
File Size : 52.2 MB
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Research Handbook on EU Institutional Law offers a critical look into the European Union: its legal foundations, competences and institutions. It provides an analysis of the EU legal system, its application at the national level and the prevalent role of the Court of Justice. Throughout the course of the Handbook the expert contributors discuss whether the European Union is well equipped for the 21st century and the numerous crises it has to handle. They revisit the call for an EU reform made in the Laeken Conclusions in 2001 to verify if its objectives have been achieved by the Treaty of Lisbon and in daily practice of the EU institutions. The book also delves into the concept of a Europe of different speeds, which - according to some - is inevitable in the EU comprising 28 Member States. Overall, the assessment of the changes introduced by the Lisbon Treaty is positive, even if there are plenty of suggestions for further reforms to re-fit the EU for purpose.

Transparency Participation and EU Institutional Practice

Author : Päivi Leino
File Size : 30.87 MB
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The recent years have witnessed a growing concern in the EU institutions for the ways in which openness and citizen participation are believed to distract efficient decision-making. Various examples of such attitudes can be easily identified, demonstrating how the EU institutions still fail to possess a deeper understanding of the role of transparency in legitimate governance. This paper discusses the ways in which the right of public access often turns into institutional politics with the institutions and the Member States in fact buttressing their own interests. This has serious consequences for the understanding of citizens' rights to participate in democratic decision-making. These questions are examined in the areas of legislative matters and international relations. The problems identified are then placed in the context of wider administrative culture in the relevant EU institutions, reflected in their responses to the citizens' concerns. The paper concludes with a few remarks on the wishes of the European Council to create greater legitimacy for the Economic and Monetary Union, and the role of openness in that discussion.

The Laws of Transparency in Action

Author : Dacian C. Dragos
File Size : 66.9 MB
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This book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.

Transparency in EU Procurements

Author : Kirsi-Maria Halonen
File Size : 83.53 MB
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This book provides a timely analysis of transparency in public procurement law. In its first part, the book critically assesses a number of key matters from a general and comparative perspective, including corruption prevention, competition and commercial issues and access to remedies. The second part illustrates how the relevance of these aspects varies across member states of the EU.

Openness Transparency and Access to Documents and Information in the European Union

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File Size : 29.14 MB
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The Treaty of Lisbon updates the terms under which the principles of transparency and openness clarify the right of public access to documents in the European Union. This right is both a fundamental right of individuals and an institutional principle. The revision of Regulation (EC) No 1049/2001, which sets out the arrangements for this, is influenced, to a large extent, by the numerous interpretations from the Court of Justice of the European Union, particularly during the last five years. Observation of the practice followed by the EU institutions and the broad lines of the practices followed nationally indicate that EU law needs to undergo extensive revision, with the aim of both leveraging the case law experience acquired and bringing itself up to date.

The European Ombudsman and Good Administration in the European Union

Author : Nikos Vogiatzis
File Size : 37.8 MB
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This book explores the work of the European Ombudsman and her or his contribution to holding the EU institutions, bodies, offices and agencies to account, through examination of complaints on maladministration, own-initiative inquiries and other proactive efforts. It considers the Ombudsman’s current institutional and constitutional position and her or his ‘method’ of dealing with complaints, and unravels the depth of subject matters that fall under the Ombudsman’s remit. A separate chapter focuses on transparency and access to documents. The last part of the book critically reflects upon the present mandate and practice of the Ombudsman, and discusses a number of possible proposals for improvement. This work has interdisciplinary appeal and will engage scholars in law, political science and public administration, as well as EU and national policy-makers.

General Principles of EC Law in a Process of Development

Author : Ulf Bernitz
File Size : 33.31 MB
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What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

How the EU Institutions Work And how to Work with the EU Institutions

Author : Alan Hardacre
File Size : 65.59 MB
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This book provides a PRACTICAL STEP-BY-STEP GUIDE for anyone wanting to understand, study, or work with the EU institutions and decision-making. How are EU laws made ¿ and how can their making be influenced at a practical level? And what has been the impact of changes brought about by the Treaty of Lisbon?The book is designed to provide a comprehensive FOUNDATION TEXT for students, libraries and practitioners alike and is UP-TO-DATE with the range of key changes introduced under the Treaty of Lisbon.Written by a team of expert contributors, including public affairs professionals, led by Alan Hardacre of the European Institute of Public Administration (EIPA) in Maastricht, the book is packed with easy-to-follow figures and diagrams. The book has been descibed as "a very insightful tool for citizens, political and private actors¿ by Maro¿ ¿efèoviè, Vice-President of the European Commission and as "very much to be welcomed as a first ...providing a real nuts and bolts approach to how the EU legislative process functions" by Diana Wallis, Vice-President of the European Parliament.Recommended for...Academic courses on EU institutions and decision-making Libraries fielding queries on how the EU worksOfficials of the EU institutions needing a comprehensive ready reference EU public affairs professionalsLaw firms in the EU arenaNGOs and citizen groups that need to deal with the EU institutionsNational and regional governments involved in influencing and implementing EU legislationCandidates for EPSO exams wanting to improve their knowledge for assessment and interviewsCONTENTS:SECTION 1 ¿ HOW THE EU INSTITUTIONS WORK 1. The European Commission2. The Council of the EU and the European Council3. The European Parliament4. Other EU Institutions and BodiesSECTION 2 ¿ HOW EU DECUISION-MAKING WORKS5. The Ordinary Legislative procedure: New Codecision6. Delegated and Implementing Acts: ¿New Comitology¿SECTION 3 ¿ HOW TO WORK WITH THE EU INSTITUTIONS & DECISION-MAKING7. European information sources on the Internet8. Ethics and Transparency in the EU9. Practical Guide to Working with the EU Institutions10. Practical Guide to Working with EU Decision-Making11. Conclusion ¿ Designing a Successful EU Lobbying CampaignFull index

Access to Information in the European Union

Author : Herke Kranenborg
File Size : 89.92 MB
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In the last 15 years, transparency has been one of the central themes in the European integration process. By providing more openness about its activities, the European Union tries to bring itself closer to its citizens. Transparency is considered one of the main methods to relieve the 'democratic deficit'. One way of increasing transparency is to grant citizens a right to access information. Another way is to actively publish information. Transparency is not an exclusive feature of European integration. On the contrary, inspiration for policies on access to information is mostly drawn from the sometimes longstanding experiences of the member states. Access to Information in the European Union provides for a detailed and useful overview of EC and member state legislation in the field of access to information, highlighting the similarities and differences between national legislation of different member states.