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Books > Social sciences > Politics & government > International relations > International institutions > EU & European institutions
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EU Executive Discretion and the Limits of Law (Hardcover)
Loot Price: R2,532
Discovery Miles 25 320
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EU Executive Discretion and the Limits of Law (Hardcover)
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The increase in the European Union's executive powers in the areas
of economic and financial governance has thrown into sharp relief
the challenges of EU law in constituting, framing, and constraining
the decision-making processes and political choices that have
hitherto supported European integration. The constitutional
implications of crisis-induced transformations have been much
debated but have largely overlooked the tension between law and
discretion that the post-2010 reforms have brought to the fore.
This book focuses on this tension and explores the ways in which
legal norms may (or may not) constrain and structure the discretion
of the EU executive. The developments in the EU's post-crisis
financial and economic governance act as a reference point from
which to analyze the normative problems pertaining to the law's
relationship to the exercise of discretion. Structured in three
parts, the book starts by analyzing the challenges to the maxim
that the law both grounds and constrains EU executive and
administrative discretion, setting out the concepts, problems and
approaches to the relation between law and discretion both in
general public law and in EU law. It progresses to analyze how
these problems and approaches have unfolded in EU's financial,
economic and monetary governance. Finally, it moves on from these
specific developments to assess how existing legal principles and
means of judicial review contribute to ensuring the rationality and
legality of EU's discretionary powers.
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