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Delegation of Powers and the Fiduciary Principle

Giandomenico Majone

in Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199274307
eISBN:
9780191603310
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274304.003.0004
Subject:
Political Science, European Union

Broad delegation of powers to supranational institutions is a distinctive feature of the Community method. Broad delegation presupposes a fiduciary relation, hence, the progressive erosion of the ... More


Escaping Joint-Decision Traps: National and Supranational Experiences Compared

Arthur Benz

in The EU's Decision Traps: Comparing Policies

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199596225
eISBN:
9780191729140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199596225.003.0012
Subject:
Political Science, European Union, International Relations and Politics

This chapter compares multilevel governance in the EU and in federal systems of nation states. While federal states use a variety of modes of intergovernmental coordination of policies, patterns of ... More


Amending the EU Treaties

Steve Peers

in Oxford Principles Of European Union Law: The European Union Legal Order: Volume I

Published in print:
2018
Published Online:
March 2021
ISBN:
9780199533770
eISBN:
9780191932434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199533770.003.0015
Subject:
Law, EU Law

One of the key features of the development of EU law is the amendment of its Treaties. These amendments often make significant changes to the primary law framework of the EU, for instance as ... More


Introduction

Irina Buga

in Modification of Treaties by Subsequent Practice

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.003.0001
Subject:
Law, Public International Law, Company and Commercial Law

This chapter introduces the discussion of the key role of subsequent practice in the process of treaty adaptation and the formation of international law more generally. The chapter explains the need ... More


Termination and Renegotiation of International Investment Agreements

Karsten Nowrot

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0011
Subject:
Law, Public International Law, Environmental and Energy Law

Once subject only to modest evaluation in the legal literature, questions relating to the termination and renegotiation of international investment treaties are currently emerging as future key ... More


The EU after Brexit: Constitutional Reforms

Federico Fabbrini

in Brexit and the Future of the European Union: The Case for Constitutional Reforms

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198871262
eISBN:
9780191914263
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198871262.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on the European Union after Brexit and articulates the case for constitutional reforms. Reforms are necessary to address the substantive and institutional shortcomings that ... More


Modification of Treaties by Subsequent Practice

Irina Buga

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198787822
eISBN:
9780191829888
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787822.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial ... More


Article 86 Duration of the Agreement

Winfried Tilmann

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0138
Subject:
Law, Intellectual Property, IT, and Media Law

Pursuant to Art 54 VCLT of 23 May 1989, the termination of a treaty or the withdrawal of a party may take place in conformity with the provisions of the treaty or at any time with the consent of ... More


Article 44 TFEU

André Bouquet, Friedrich Erlbacher, and Alexandre-Xavier-Pierre Lewis

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.124
Subject:
Law, EU Law

Article 38 EC Where in a Member State a product is subject to a national market organisation or to internal rules having equivalent effect which affect the competitive position of similar ... More


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