
Market Supervision in the European Union : Integrated Administration in Constitutional Context.
Title:
Market Supervision in the European Union : Integrated Administration in Constitutional Context.
Author:
Cleynenbreugel, Pieter van.
ISBN:
9789004280366
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (399 pages)
Series:
Nijhoff Studies in European Union Law ; v.7
Nijhoff Studies in European Union Law
Contents:
Market Supervision in the European Union: Integrated Administration in Constitutional Context -- Copyright -- Contents -- Summary -- Acknowledgments -- Table of Legislation -- Table of Cases -- 1 Introduction -- A Integrated Administration Upgraded -- B Market Supervision Contextualised -- 2 United in National Institutional Inclusiveness -- A The Many Formats of Institutional Inclusiveness in EU Market Supervision -- I The Concept of Market Supervision in EU Law -- II National Institutional Inclusiveness and EU Market Supervision -- 1 The European Commission and Integrated Competition Law Supervision: From Nothing to Everything to Everyone -- 2 EU Supervisory Agencies -- 3 EU Networks of Supervisory Authorities -- 4 Indirect Coordination of National Supervisory Authorities -- 5 The European Central Bank as Integrated Credit Institution Supervisor -- 6 Inclusion Beyond Diversity -- B Constitutional Benchmarks Underlying National Institutional Inclusiveness -- I EU Constitutional Law as Dynamically Engineered Architecture -- II Architectural Benchmarks of Integrated EU Market Supervision -- 1 Legal Basis -- 2 Effective Judicial Protection -- 3 Mutual Cooperative Accountability Entitlements -- 4 From Benchmarks to Reality -- 3 Constitutional Benchmarks of EU Market Supervision in Practice Operational Support in EU Integrated Administration -- A Treaty Legal Bases: Uncovering an Operational Support Template -- I Directly Mandated Market Supervision: Art. 103 TFEU and the Shifting Balance between Effective Supervision and Simplified Administration -- 1 Regulation 1/2003 and its Legal Basis -- 2 Article 103(2) TFEU as Supranational Operational Support Basis -- 3 (The Charter of) Fundamental Rights as Complementary Operational Support Basis.
II Indirectly Mandated Market Supervision: Art. 114 TFEU and the Enhanced Operational Support Reading in the Wake of Enisa -- 1 The Virtually Unlimited 'Approximation' Mandate in Article 114 TFEU -- 2 Virtually Unlimited 'Methods for the Approximation' of National Laws? -- 3 Constructing an Operational Support Framework on the Basis of Article 114 TFEU -- 4 ECHA, BEREC and ACER: Operational Support under Construction? -- 5 (Un-)Intended Consequences of Article 114 TFEU Operational Support -- III Alternative Legal Bases? -- B Effective Judicial Protection: Structuring Operational Support -- I Effective Judicial Protection as Organisational Standard -- II Enhanced Supranational Judicial Review as Inspirational Framework -- 1 Review of Commission Decision-making Structures in EU Competition Law -- 2 Judicial Review of Supervisory Agencies' Decisions: Building Blocks for Integrated Market Supervision -- III From Fair Trial to Effective Judicial Protection: Nudging National Inclusion into Integrated Supervision Mechanisms -- 1 EU-induced National Judicial Review Standards in the Light of Article 6 ECHR -- 2 'Network Effects' of Judicial Protection? -- C Integrated Market Supervision: A bundle of 'Mutual Cooperative' Accountability Entitlements? -- I Conflict Resolution and Mutual Control Entitlements -- 1 (Quasi-)Hierarchical Conflict Resolution and Accountability Mechanisms in EU Competition Law -- 2 Combined Hierarchical and Heterarchical Conflict Resolution and Accountability Structures Accompanying EU Supervisory Agencies -- II Institutional Adaptation Entitlements in the Name of Mutual Accountability? -- 1 Hierarchical Adaptations in EU Competition Law -- 2 Nudging National Authorities? -- III Accountability Entitlements as a Toolkit for Integrated Administration -- D A Constitution of Operational Support.
4 Constitutional Principles of Operational Support -- A EU Competence Conferral in Constitutional Context -- I The Treaty Framework of Conferred Competences -- II Substantive Subsidiarity and EU Competence Conferral Principles -- B Operationalising Substantive Subsidiarity in EU Integrated Administration: Regulatory Coopetition as a Framework of Understanding -- I EU Competence Conferral in Substantive Subsidiarity Context: from Economic Theory to Legal Reality -- II Promoting Regulatory Coopetition in Integrated Administration -- C Towards Reflexive Regulatory Coopetition Principles: Integrated Market Supervision Reconstructed -- I Regulatory Coopetition and EU Competence Conferral Principles -- II Towards Reflexive Regulatory Coopetition in the Realm of EU Market Supervision -- III Reflexive Regulatory Coopetition and the Institutional Design of Supranational Market Supervision Mechanisms -- IV Reflexive Regulatory Coopetition as Institutional Settlement -- V Integrated Market Supervision: a Constitutional Work in Progress -- 5 Imperfect Solidarity: Integrated Administration in Constitutional Context -- A Operational Support, Reflexive Regulatory Coopetition and EU Integrated Administration: Subsidiarity as Imperfect Solidarity -- I EU Integrated Administration Between Subsidiarity and Federalism -- II Subsidiarity as Institutionalised Administrative Solidarity -- III Institutionalised Administrative Solidarity as Imperfect Governance Model -- B The Missing Link in EU Institutionalised Solidarity: Reflexive Legal Principles and the Relocation of Legitimacy Debates -- I Institutionalised Solidarity Between Output and Input Legitimacy -- II Relocation Without Resolution.
6 Concluding Perspectives on the Constitutional Contextualisation of EU Administrative Law -- A Looking Back… -- B …In Order to Move Forward -- References -- Index.
Abstract:
In Market Supervision in the European Union, Pieter Van Cleynenbreugel compares the emergence of divergently structured supranational market supervision mechanisms in six different sectors of EU regulation and identifies common or converging constitutional benchmarks underlying those sector-specific administrative design developments.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Genre:
Electronic Access:
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