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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Network-Based Governance in EC Law: The Example of EC Competition and EC Communications Law


ISBN13: 9781841132563
Published: November 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardcover
Price: £120.00



Despatched in 5 to 7 days.

To strengthen the credibility of the EU and its policies, the European Community is increasingly concerned to emphasise effective enforcement of EC law. This book engages in the debate on the better application of European law by offering an integrated analysis of a new institutional arrangement - one that relies on networks grouping the Commission and national administrative authorities.

Taking the traditional enforcement paradigms of decentralization, centralization and agency-based enforcement as starting points, their benefits and downsides are described and critiqued, and the author concludes that there is considerable room for improvement.

The book then undertakes a comprehensive analysis of the network model to determine its core characteristics and assess its effectiveness. European competition law and electronic communications law are used as case studies because, inter alia, the networks there have developed an adequate level of sophistication. The book also employs a bottom-up approach, considering how four key Member States (France, Germany, the Netherlands and the United Kingdom) have given effect to the relevant European rules.

At the core of the book is a critique of the wider normative attractiveness of the network model. The discussion is kaleidoscopic, engaging with a wide variety of notions including legitimacy, judicial review, subsidiarity, institutional balance and efficiency. The thrust of the book is that network-based governance deserves careful consideration as the model that is able to mediate the competing concerns of coherence for Internal Market reasons, and of diversity and respect for local autonomy.

Subjects:
Competition Law, EU Law
Contents:
"Foreword
Acknowledgements
List of Tables and Figures
Abbreviations
Introduction
1. Modes of Governance in EC Law
I. Thinking about Governance
II. Governance Models, the EC and its Member States
A. Centralised Governance
B. Decentralised Governance
C. Decentralised Governance with a Centralised Twist
D. Traditional Governance Models Compared and
Contrasted
III. The Models in Perspective
A. Centralised Governance
B. Decentralised Governance
C. Decentralised Governance with a Centralised Twist
IV. The Emergence of Networks for EC Law Enforcement
A. The Network in Political Science
B. Networks as Legal Tools: The Initial Approach
C. The Next Step: Lawmaking Networks
D. Law Administration Networks: Introducing the ECN
and the ERG
E. New Governance Revisited
V. Conclusion
2. The Role of National Authorities in Network-Based Governance
I. National Enforcement Structures Compared
A. Germany
B. France
C. The Netherlands
D. The United Kingdom
E. Comparisons
II. Mandate and Function
A. Competition Law
B. Communications Law
III. Powers and Procedures
A. The Powers of the NCAs and NRAs
i. General Powers
ii. Specific Powers
iii. Sanctions
iv. Interim Conclusion
B. Procedures Applicable to NCAs and NRAs as a
Matter of EC Law
i. Competition Law
ii. Communications Law
IV. Institutional Principles
A. The Definition and Designation of NCAs and NRAs
B. Regulatory Capacity
C. Independence
i. Some Thoughts on Independence
ii. Independence from Market Actors
iii. Institutional Independence
iv. Individual Independence
v. Financial Independence
vi. Interim Conclusion
V. Conclusion
3. The Role of National Courts in Network-Based Governance
I. National Enforcement Structures Compared
II. Mandate and Function
A. Competition Law
B. Communications Law
III. Powers and Procedures
A. The Powers of the National Courts
i. Competition Law
ii. Communications Law
B. Procedures to be Followed by National Courts as a
Matter of EC Law
i. The Burden of Proof
ii. Amicus Curiae Interventions
iii. Locus Standi before the National Courts
iv. Suspensory Effect of Appeals
v. Appeals to Non-judicial Bodies
IV. Institutional Principles
A. The ‘Appropriate Expertise’ of National Courts
B. The Independence of National Courts
V. Conclusion
4. The Role of the Commission in Network-Based Governance
I. Direct Administration: Prosecuting Infringements of the
Competition Rules
A. Types of Decisions
B. The Commission’s Prioritisation Policy
C. The Commission’s Decision-Making Bureaucracy
II. Indirect Administration: Overseeing and Guiding National
Actors
A. Monitoring National Actors
B. Influencing National Actors
C. The Commission’s Supervisory Bureaucracy
III. Conclusion
5. Methods for Consistency across National Institutions
I. Consistency through Procedural Tools
A. Devices Applicable to the National Authorities
i. Notification
ii. Consultation
iii. Transversal Controls
iv. Judicial Review
v. Commission Intervention (Pre-emption and Veto)
vi. The European Consistency Provision
vii. Summary of the Procedural Tools Applicable to
National Authorities
B. Devices Applicable to the National Courts
i. Notification
ii. Consultation
iii. Amicus Curiae Observations
iv. The European Consistency Provision
v. Evaluating the Status Quo
II. Consistency through Substantive Devices
A. Hard-Law Devices
i. Competition Law
ii. Communications Law
B. Soft-Law Devices
III. Conclusion
6. The Network: A European Administration Infrastructure
I. Organisation, Mandate and Function of the ECN and ERG
A. The European Competition Network (ECN)
B. The European Regulators Group (ERG)
C. Comparisons
II. Structuring Interaction between the Commission and the
National Authorities
A. Case-Based Interactions
i. Shared Processes
ii. Processes Exclusive to the Competition Regime
iii. Processes Exclusive to the Communications
Regime
iv. Some Broader Reflections on the Processes
B. Framing Enforcement Policy
i. Agenda-Setting
ii. Guiding Network Members in Decision-Making
III. The Network Effect: Europeanising National Authorities
IV. Conclusion
6b Summarising Network-Based Governance
7. Three Perspectives on Network-Based Governance
I. The Perspective of Firms and Consumers
A. Legitimacy, Accountability and Transparency
i. Legislative Mandate
ii. Accountability
iii. Due Process
iv. Expertise
v. Effectiveness and Efficiency
vi. Interim Conclusion
B. Effective Judicial Protection
i. The Constitutive Components of Effective Judicial
Protection
ii. Controlling Case-Based Interactions
iii. Soft Law Revisited
II. The Perspective of Network Administrators
A. Horizontal Relationships and Institutional Balance
B. Vertical Relationships and the Principle of
Subsidiarity
III. The Societal Perspective
A. Competition among Rules, Consistency and Legal
Certainty
B. Upgrading the Network?
IV. Conclusion
8. Conclusions"

Series: Modern Studies in European Law

Media Law and Market Regulation in the European Union ISBN 9781849460316
To be published January 2019
Hart Publishing
£40.00
EU Employment Law 2nd ed ISBN 9781841136837
To be published October 2018
Hart Publishing
£35.00
The Europeanisation of Remedies and Procedures through Judge-Made Law ISBN 9781849462495
To be published June 2018
Hart Publishing
£90.00
The Principles of Corporate Sentencing in EU Law ISBN 9781849466509
To be published May 2018
Hart Publishing
£80.00
The EU Better Regulation Agenda: A Critical Assessment ISBN 9781509917334
To be published May 2018
Hart Publishing
£70.00
Collective Rights in Europe: A Comparative Study of Safeguards and Barriers ISBN 9781849463690
To be published May 2018
Hart Publishing
£65.00
The Fundamental Rights of Companies ISBN 9781841136899
To be published May 2018
Hart Publishing
£63.00
Toward a Prosecutor for the European Union: Draft Rules of Procedure
Edited by: Katalin Ligeti
ISBN 9781849463157
To be published May 2018
Hart Publishing
£58.00
Social Legitimacy in the Internal Market: A Dialogue of Mutual Responsiveness ISBN 9781509914531
To be published April 2018
Hart Publishing
£65.00
EU Governance of GMOs ISBN 9781841138039
To be published April 2018
Hart Publishing
£50.00
Fundamental Rights and EU Internal Market Legislation ISBN 9781509920006
To be published February 2018
Hart Publishing
£32.99
Uniformity of Customs Administration in the European Union ISBN 9781509920020
To be published February 2018
Hart Publishing
£29.99
The European Union Under Transnational Law: A Pluralist Appraisal ISBN 9781509911523
To be published January 2018
Hart Publishing
£55.00
Questioning EU Citizenship: Judges and the Limits of Free Movement and Solidarity in the EU
Edited by: Daniel Thym
ISBN 9781509914685
To be published December 2017
Hart Publishing
£70.00
The European Union in International Organisations and Global Governance ISBN 9781509918379
To be published December 2017
Hart Publishing
£37.99
Nudge and the Law: A European Perspective ISBN 9781509918355
To be published December 2017
Hart Publishing
£22.99
Environmental Crime in Europe ISBN 9781509914012
To be published December 2017
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£70.00
Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781509917761
To be published October 2017
Hart Publishing
£29.99
The Rule of Law in the European Union: The Internal Dimension ISBN 9781849464703
Published September 2017
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£55.00
The European Union and Social Security Law ISBN 9781509911578
Published August 2017
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Human Rights Between Law and Politics: The Margin of Appreciation in Post-National Contexts
Edited by: Petr Agha
ISBN 9781849468657
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The European Union and Social Security Law (eBook) ISBN 9781509911561
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The EU and Nanotechnologies: A Critical Analysis (eBook) ISBN 9781509908523
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The EU and Nanotechnologies: A Critical Analysis ISBN 9781509908509
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Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781509915477
Published June 2017
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EU Liability and International Economic Law ISBN 9781509901593
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Republican Europe (eBook) ISBN 9781509910731
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Republican Europe ISBN 9781509910748
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Marketing and Advertising Law in a Process of Harmonization ISBN 9781509900671
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The Struggle for European Private Law: A Critique of Codification ISBN 9781509913824
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The European Union’s External Action in Times of Crisis (eBook) ISBN 9781509900572
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The European Union’s External Action in Times of Crisis ISBN 9781509900558
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781509909902
Published July 2016
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Nationalism and Private Law in Europe ISBN 9781509907410
Published June 2016
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£30.00
The EU Accession to the ECHR ISBN 9781509909261
Published June 2016
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£32.99
The Pluralist Character of the European Economic Constitution ISBN 9781849467698
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The Pluralist Character of the European Economic Constitution (eBook) ISBN 9781509901098
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781509907427
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European Law on Unfair Commercial Practices and Contract Law ISBN 9781782258117
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European Law on Unfair Commercial Practices and Contract Law (eBook) ISBN 9781782258131
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The Impact of Union Citizenship on the EU's Market Freedoms (eBook) ISBN 9781509904419
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The Impact of Union Citizenship on the EU's Market Freedoms ISBN 9781849461672
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Equal Citizenship and its Limits in EU Law: We the Burden? (eBook) ISBN 9781782258162
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Equal Citizenship and its Limits in EU Law: We the Burden? ISBN 9781782258155
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Uniformity of Customs Administration in the European Union (eBook) ISBN 9781782256731
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Uniformity of Customs Administration in the European Union ISBN 9781782256724
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Fundamental Rights and EU Internal Market Legislation ISBN 9781849467117
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Fundamental Rights and EU Internal Market Legislation (eBook) ISBN 9781782258971
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The European Union in International Organisations and Global Governance ISBN 9781849467001
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Nudge and the Law: A European Perspective ISBN 9781849467322
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The European Union in International Organisations and Global Governance (eBook) ISBN 9781782259435
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Nudge and the Law: A European Perspective (eBook) ISBN 9781782259480
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849468732
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Governing Public Health: EU Law, Regulation and Biopolitics ISBN 9781849462204
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Fundamental Rights in the EU: A Matter for Two Courts ISBN 9781849467070
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EU International Relations Law 2nd ed ISBN 9781849463225
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EU International Relations Law 2nd ed (eBook) ISBN 9781782254898
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Fundamental Rights in the EU: A Matter for Two Courts (eBook) ISBN 9781782258902
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The Struggle for European Private Law: A Critique of Codification ISBN 9781849462600
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The Struggle for European Private Law: A Critique of Codification (eBook) ISBN 9781782253112
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European Court of Justice and External Relations: Constitutional Challenges (eBook) ISBN 9781849468329
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European Court of Justice and External Relations: Constitutional Challenges ISBN 9781849465045
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The EU Accession to the ECHR (eBook) ISBN 9781782254478
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The EU Accession to the ECHR ISBN 9781849465236
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EU Asylum Procedures and the Right to an Effective Remedy (eBook) ISBN 9781782254003
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EU Asylum Procedures and the Right to an Effective Remedy ISBN 9781849465458
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Nationalism and Private Law in Europe ISBN 9781849465878
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Nationalism and Private Law in Europe (eBook) ISBN 9781782253877
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EU Environmental Law, Governance and Decision-making 2nd ed (eBook) ISBN 9781782254089
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EU Environmental Law, Governance and Decision-making 2nd ed ISBN 9781849464215
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EU Security and Justice Law: After Lisbon and Stockholm ISBN 9781849464222
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EU Security and Justice Law: After Lisbon and Stockholm (eBook) ISBN 9781782252641
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Services and the EU Citizen (eBook) ISBN 9781782250968
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Services and the EU Citizen ISBN 9781849464260
Published April 2013
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Lawyering Europe: European Law as a Social Field ISBN 9781849463782
Published March 2013
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Lawyering Europe: European Law as a Social Field (eBook) ISBN 9781782250944
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The Legal Reasoning of the Court of Justice of the EU (eBook) ISBN 9781782250319
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The Legal Reasoning of the Court of Justice of the EU ISBN 9781849463232
Published January 2013
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Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis
Edited by: Katalin Ligeti
ISBN 9781849463140
Published December 2012
Hart Publishing
£120.00
Toward a Prosecutor for the European Union Volume 1 A Comparative Analysis (eBook)
Edited by: Katalin Ligeti
ISBN 9781782250456
Published December 2012
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Empowerment and Disempowerment of the European Citizen ISBN 9781849462358
Published November 2012
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Federalism in the European Union (eBook) ISBN 9781847319982
Published September 2012
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Federalism in the European Union ISBN 9781849462426
Published September 2012
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Children and the European Union: Rights, Welfare and Accountability ISBN 9781841137650
Published August 2012
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EU Counter-Terrorism: Pre-Emption and the Rule of Law ISBN 9781849461351
Published June 2012
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EU Counter-Terrorism: Pre-Emption and the Rule of Law (eBook) ISBN 9781847319609
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The Constitutional Dimension of European Criminal Law (eBook) ISBN 9781847319548
Published May 2012
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The Constitutional Dimension of European Criminal Law ISBN 9781849461764
Published May 2012
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond (eBook) ISBN 9781847318190
Published November 2011
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Public Liability in EU Law: Brasserie, Bergaderm and Beyond ISBN 9781849461337
Published November 2011
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The Cyprus Issue: The Four Freedoms in a Member State under Siege ISBN 9781849460958
Published March 2011
Hart Publishing
£70.00
The Impact of EU Law on Minority Rights ISBN 9781841138725
Published January 2011
Hart Publishing
£60.00
The Employment Relationship: A Comparative Overview ISBN 9781841134208
Published December 2010
Hart Publishing
£40.99
£100.00
Legitimacy in EC Cartel Control ISBN 9781849460057
Published February 2010
Hart Publishing
£110.00
Principles of European Constitutional Law 2nd ed ISBN 9781841138220
Published December 2009
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£200.00
EU Criminal Law (eBook) ISBN 9781847317261
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EU Criminal Law ISBN 9781841135854
Published March 2009
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Regulation of the State in Competitive Markets in the EU ISBN 9781841134970
Published August 2007
Hart Publishing
£38.99
Free Movement, Social Security and Gender in the EU ISBN 9781841136226
Published July 2007
Hart Publishing
£80.00
EU Food Law: Protecting Consumers and Health in a Common Market ISBN 9781841134987
Published March 2007
Hart Publishing
£49.99
The National Courts' Mandate in the European Constitution ISBN 9781841134765
Published March 2006
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£100.00
European Union Law and Defence Integration ISBN 9781841134406
Published October 2005
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£80.00
Partnership Rights, Free Movement, and EU Law ISBN 9781841134772
Published December 2004
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£65.00
National Remedies Before The Court of Justice ISBN 9781841133959
Published December 2004
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Soft Law in European Community Law ISBN 9781841134321
Published September 2004
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Publication Abandoned