Wolfgang Weiß - Böcker

This book analyses whether the recent reorientation of EU trade policy towards stronger enforcement and more robust representation of interests, resulting in a series of new or amended legislative tools, is in conformity with the EU's international commitments, particularly WTO, FTA, environmental, and general international law, and with its multilateralist stance and underlying constitutional obligations. The analysis is also set against the consequences that would flow from within the EU legal order, providing readers with a comprehensive view of the external and internal constraints on trade policy that the EU should respect, as well as the leeway it enjoys. In case of potential tensions, it submits changes that would better balance the EU's new ambitions and international obligations. Furthermore, the book looks beyond the possible legal repercussions to consider the broader political implications of these instruments on the credibility of the EU's commitment to multilateralism and international law.

In the face of current confusion regarding the use of articles 290 and 291 TFEU, there is a need to further develop the theory of legislative delegation in the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law.Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, the expert contributors offer new insights into potential developments in EU administrative law. From this emerges a tentative categorisation that separates delegated rule-making from implementing rule-making according to the differentiation of substantive and procedural matters. However, as difficulties in the categorisation continue to remain, the book explores their systemic reasons, deeply rooted in the unclear constitutional shape of the EU.The Legislative Choice Between Delegated and Implementing Acts in EU Law will be essential reading for law academics and course leaders as well as practitioners in national and EU administration interested in this ongoing debate central to EU administrative law. Contributors include: M. Chamon, J. Karsten, F. Lafarge, M. Ortino, A. Ott, S. Röttger-Wirtz, E. Tauschinsky, A. Vincze, W. Weiß, D. Zdobnõh

This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools.

This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools.

The book shows that the Regulation pursues its objective of ensuring greater equality of competitive conditions on the EU´s Internal Market only by accepting new bureaucracy, establishing the need for complex and extensive assessments and raising considerable legal uncertainties as a result of undefined legal terms and comprehensive Commission discretion. The EU legislators, the Council and the European Parliament, in June 2022 adopted a new regulation that entered into force 12 January 2023: Regulation 2022/2560 on foreign subsidies distorting the internal market. This book analyses the regulation in more detail. To this end, after the brief introduction, its rationale and core contents are first presented. Then, its scope of application is to be explored in more detail, as the Regulation was criticised early on with regard to its compatibility with international law, which has an intense bearing on the substantive and personal scope of application of the Regulation. Subsequently the central regulatory concepts of the Regulation will be presented and then the specific rules for concentrations and public procurement procedures analysed. The conclusion will summarise the findings.  In view of the likely backlash from powerful third countries, there is a risk of new distortions to the detriment of EU companies´ activities in third country markets.

The volume examines the lessons learned and challenges identified during the almost two years of application of the Foreign Subsidies Regulation (FSR) by the European Commission, legal practice and contracting authorities, and places them in the context of an assessment of the FSR's conceptualisation, international reactions and the proliferating criticism in the academic literature. The contributions to this volume present the various challenges of the FSR through different lenses, thus providing a complex view of the FSR.

Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having toimplement the Directive.