By Christian Adam
This e-book unites scholarship on legislations and politics with compliance examine within the european to make clear the political position of a ignored measurement of litigation within the european: the political position of governmental activities for annulment. The booklet doesn't painting nationwide governments as passive actors in the EU’s judicial enviornment. as a substitute it specializes in situations within which nationwide governments flip to the court docket of Justice to litigate opposed to the ecu fee, and gives a number of solutions to the query of why ecu member country governments take this selection. Governments wish, at the one hand, to avert expensive family changes the place the fee makes use of administrative acts to intervene with household coverage program. nevertheless, governments wish to impress judicial law-making to persuade the long term improvement of ecu administrative legislations and sectoral legislation. The publication may be of specific curiosity to political scientists and criminal students.
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Additional info for The Politics of Judicial Review: Supranational Administrative Acts and Judicialized Compliance Conflict in the EU
Sample text
The Commission’s proposal for a Directive on an internal market for pension funds was thus completely at odds with the French approach to organizing pensions and to regulating investment constraints for institutions of retirement provision. The high degree of policy misfit alone should have already been sufficient to trigger the opposition of the French government. Yet, bridging this gap between national policy arrangements and supranational requirements that were to be defined through the proposal was further complicated by the interests embedded within the French system.
Where the proposal for a Council Directive outlined investment rules according to the prudent person rule by stating, for example, that “the assets shall be sufficiently diversified in such a way as to avoid major accumulations of risk in the portfolio as a whole” (article 4 (1) b), the Communication simply replaced the word “shall” with the word “should” (Commission 1994: 10). Similarly, both documents contained almost identical provisions with respect to obligations regarding currency matching.
Duina, F. G. (1997). Explaining legal implementation in the European Union. International Journal of the Sociology of Law, 25, 155–179. Economic and Social Committee. (1992). Opinion of the economic and social committee on the proposal for a council directive relating to the freedom of management and investment of funds held by institutions for retirement provision (COM (91) 301 final—SYN 363). Official Journal of the European Communities, 1992(C 169), 2–6. , & Leiber, S. (2005). Complying with Europe.