EU Executive Discretion and the Limits of Law

by Joana Mendes

• ISBN13: 9780192561336
• ISBN10: 0192561332
• Format: Nonspecific Binding
• Copyright: 2019-05-02
• Publisher: Oxford University Press Academic UK

Author Biography

Joana Mendes, Professor, University of Luxembourg

Joana Mendes is Professor of Comparative Administrative Law at the University of Luxembourg, where she teaches comparative public law and EU law. A graduate from the University of Coimbra (Portugal), she has a doctorate from the European University Institute (Italy) and has held academic positions at the University of Amsterdam. She has been a Fulbright Visiting Scholar at Yale Law School and has been a guest lecturer in different institutions. Her academic work has focused on the exercise of public authority in the EU, drawing on comparative public law

Table of Contents

Part One: EU Law and Executive Discretion - Concepts, Problems and Approaches
1. Executive Discretion in the EU: Between National Traditions and EU Law, Joana Mendes
2. Law and Discretion: A Public Law Perspective on the EU, Bernardo Mattarella
3. Indeterminacy, Legal Uncertainty, and Discretion in EU Law, Takis Tridimas
4. How Can EU Law Contain Executive Discretion?, Mark Dawson
Part Two: EU Law and Executive Discretion in Financial, Economic, and Monetary Governance
5. The European Supervisory Authorities Beyond Meroni, Niamh Moloney
6. Discretion, Economic Governance, and the (New) Political Commission, Paivi Leino & Tuomas Saarenheimo
7. Central Bank Independence, Discretion, and Judicial Review, Vestert Borger
Part Three: EU Discretion, Rationality, and Legality - Legal Principles and Means of Review
8. The Administrative-Legislative Divide in the Application of the Principle of Proportionality in EU Law, Vasiliki Kosta
9. Interdependencies between Delegation, Discretion and the Duty of Care Regarding Facts, Herwig C.H. Hofmann
10. Judicial Review of Complex Socio-Economic, Technical, and Scientific Assessments, Hanns Peter Nehl
Part Four: EU, Discretion, and Public Law - Conclusion
11. Conclusion, Joana Mendes