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The Passing-On Problem in Damages and Restitution under EU Law
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
How the EU Really Works
The European Union is facing a profound crisis and is confronted with multiple challenges. Over the last two decades, it has experienced a series of dramatic changes to its powers, its institutional design, its constitutional framework and its borders. At the same time, the uneasy relationship between European citizens and elites has complicated both the reform and the function of the Union. While the Lisbon treaty provided some answers to crucial questions, it did not clarify the nature of the EU, which remains at the crossroads of federal and intergovernmental logic. The current economic and financial crisis puts the EU’s legitimacy further under pressure and creates the impression of a ...
Explaining Institutional Change in Europe
How and why do institutions change? Institutions, understood as rules of behaviour constraining and facilitating social interaction, are subject to different forms and processes of change. A change may be designed intentionally on a large scale and then be followed by a period of only incremental adjustments to new conditions. But institutions may also emerge as informal rules, persist for a long time and only be formalized later. Why? The causes, processes and outcomes of institutional change raise a number of conceptual, theoretical and empirical questions. While we know a lot about the creation of institutions, relatively little research has been conducted about their transformation once ...
The Dynamics of European Integration
In Europe’s recent history, there have been several challenges to the strength of the European Union—Brexit, COVID, financial crises, and global tensions—bringing an increased need to understand the ways that the European Union (EU) could successfully stay together or fall apart. In examining how the European Union has changed since 1993, important puzzles have emerged, including how national government functions are transferred to the EU without reforming the EU, how increased transparency is announced while decisions are approved in informal meetings, and how the effects of the polarizing rise of Euroscepticism can be managed to still promote the formation of solidarity and trust amo...
Why Grundnorm?
Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations. Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.
Comitology
This text examines how political decisions are taken in the EU and who influences them, touching upon some of the most crucial aspects of democracy. The author maintains that comitology is a central and well-functioning aspect of the EU.
Regulation Through Agencies in the EU
The past decade has witnessed a proliferation of regulatory agencies at both the national and the EU level. This coherent and clearly structured book is the first of its kind to analyse in equal measure, and interdependently, both national regulatory authorities and European agencies. It brings together a select group of highly esteemed contributors - authorities in their fields - to provide a systematic and over-arching view of regulation in the EU. Unlike many of the previous attempts to shed light on this increasingly opaque and complex co-existence of regulatory systems, this book takes a genuinely multi-disciplinary approach with integrated perspectives from law, politics and economics.
The Legislative Choice Between Delegated and Implementing Acts in EU Law
In the face of the current confusion about the use of arts 290 and 291 TFEU, there is need of further development of the theory of legislative delegation to the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, it offers new insight into potential developments in EU administrative law.
The Payment Services Directive II
This comprehensive and essential Commentary examines both the origins and effect of the EU’s 2015 Payment Services Directive (PSD2). Addressing a significant gap in the available literature, the book is divided into two parts: Part I analyses the legislative provisions of the Directive, while Part II explores the PSD2 implementation experience in selected EU Member States as well as in the United Kingdom.
Delegation of Powers in the EU Legal System
The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified...
