Delegated Legislation and the Role of Committees in the Ec

by Andenas, Mads

• ISBN13: 9789041112750
• ISBN10: 9041112758
• Format: Hardcover
• Copyright: 2000-05-01
• Publisher: Kluwer Law Intl

Summary

This book is the outcome of a research seminar with the title of 'Delegation of Legislative Powers in the European Community: The Role of Committees' that was held in London on 16 and 17 January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition of the issue of delegation of legislative powers. The aim here is to explore to what extent the national concepts and institutes of delegation of powers can contribute to a better understanding of the Community concept of delegation. The third part of the book concerns the institutional perspective and deals with the history of comitology And The role of the Court of Justice in the development of the system. The fourth and final part of the book examines various areas of EC law, including environmental law, product safety and other areas.

Table of Contents

Introduction	vii
Mads Andenas
Alexander Turk
Part I: A Theoretical Perspective
Linking Member State and European Administrations - the Role of Committees and Comitology	3	(22)
Professor Gunther Schufer
Democracy and the Reform of Comitology	25	(28)
Annette Elisabeth Toeller
Herwig C.H. Hofmann
Part II: A Comparative Perspective
Separation and Delegation of Legislative Powers: A Comparative Analysis	53	(14)
Dr Georg Haibach
Delegation of Legislative Power in French Public Law	67	(34)
Professor Etienne Picard
Delegated Legislation in the English Constitution	101	(26)
Adam Tomkins
Delegated Legislation in German Constitutional Law	127	(58)
Alexander Turk
Part III: An Institutional Perspective
The History of Comitology	185	(32)
Dr Georg Haibach
The Role of the Court of Justice	217	(38)
Alexander Turk
European Union Legislation Before the House of Commons - the Work of the European Scrutiny Committee	255	(24)
Dr Adam Cygan
Part IV: A Sectoral Perspective
Comitology in the Environmental Sector	279	(24)
Dr Christoph Demmke
Centralization and Europeanization of Administrative Implementation: Product Safety Legislation	303	(28)
Dr Sabine Schlacke
Comitology: From Small Councils to Complex Networks	331	(90)
Professor Josef Falke
Appendices
Appendix One: The 1999 Commission Proposal	379	(6)
Appendix Two: Comment on the Commission Proposal	385	(28)
Alexander Turk
Appendix Three: The 1999 Council Decision	413	(8)
Bibliography	421