Collegiality in the European Commission
Legal Substance and Institutional Practice
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 December 2023
- ISBN 9780198873723
- Binding Hardback
- No. of pages320 pages
- Size 240x165x20 mm
- Weight 688 g
- Language English 460
Categories
Short description:
Maria Patrin's Collegiality in the European Commission offers a critically needed examination of collegiality - the core legal principle governing the Commission's internal decision-making process. The novel study combines theory and empirical practice to advance an innovative framework for assessing the Commission's institutional role and power.
MoreLong description:
Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making â from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance.
Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.
Table of Contents:
Introduction
The Collegial Governance of the European Commission
Part I: The Legal Substance of the Principle of Collegiality
Origins and Evolution of Collegiality in the Commission
The Legal Sources of Collegiality Between Legal Rules and Institutional Practices
The Legal Nature of the Principle of Collegiality: What Kind of Principle?
Collegiality in the Making: The Actors on Stage and Behind the Scenes
Part II: The Institutional Practice of the Principle of Collegiality
Internal Decision Making and Functional Fragmentation
Legislative Initiative: The Revision of The Posting of Workers Directive
Executive Rulemaking: The Approval of Glyphosate
The Commission as the Watchdog of EU Law: Competition and Infringements
The Commission's Functions in Economic Governance
Conclusions
Collegiality: The Commission's Holy Grail?
