Legal Challenges in EU Administrative Law: Towards an by Herwig C. H. Hofmann, Alexander H. Turk

By Herwig C. H. Hofmann, Alexander H. Turk

The movement in the direction of a process of built-in management within the ecu poses significant criminal demanding situations. This booklet explores ways that responsibility, legality, legitimacy and potency should be ensured within the a number of varieties of co-operation of eu and nationwide administrations within the supply of european and EC guidelines. reading the approaches and constructions of ecu administrative integration, this cutting edge publication might be a stimulating learn for lecturers, researchers and either undergraduate and postgraduate scholars in ecu legislations.

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The regime in the Directive is overseen at national level by regulatory authorities. Article 23 stipulates that these must be wholly independent of the interests of the electricity industry. The national regulatory authorities are responsible for ensuring non-discrimination, effective competition and the efficient functioning of the market, and the Directive specifies a series of more specific monitoring functions. (B) The 2003 Framework: Difficulties and Limits It is clear that national regulatory authorities are assigned a central role in ensuring that the principal aims of the Directive are fulfilled, both in relation to the liberalization of the market and in relation to the universal service obligations specified in the Community legislation.

The fifth and last type of top-down mechanism of administrative integration implies the establishment of a European common system coordinated by the Commission itself. In this case, the system maintains its transnational element, in so far as it is based on the participation of national administrations, but the supranational institution is placed in a position of functional prominence over the other components of the system. 29 In this case, the main executive tasks are conferred on the national administrations, cooperating among themselves.

Rather, the distinction with the previous case is to be found in the different character of the transnational component, which involves non-independent, ordinary national administrations. 24 Draft of the proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators, in particular p. 10 ff. of the Explanatory Memorandum. 5 of the Explanatory Memorandum, where it is stated that the Agency would have no power of discretionary substantive decision, which is left to the Commission; and it is provided that it would be for the Commission, through the adoption of binding Guidelines, further to specify and lay down the role of the Agency, COM(2007)530.

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