The Resource Disaggregation via 'governmental independence' : EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive, Malte Kroeger

Disaggregation via 'governmental independence' : EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive, Malte Kroeger

Label
Disaggregation via 'governmental independence' : EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive
Title
Disaggregation via 'governmental independence'
Title remainder
EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive
Statement of responsibility
Malte Kroeger
Creator
Contributor
Subject
Language
eng
Summary
The thesis addresses a recent development in EU administrative law at the interface between the principle of primacy of EU law and the competence of the Member States to enforce EU law. EU law obliges Member States in a growing number of directives or regulations to equip their administrative authorities with independence from the government ('governmental inde-pendence'). On the basis of two recent decisions of the European Court of Justice concerning the independence of national data protection authorities the legal meaning of governmental independence will be elaborated. This thesis argues that there is a broader approach in EU law triggering the establishment of domestic independent administrative authorities. However, obliging Member States to decouple domestic authorities from the national government is not without consequences. In order to determine these consequences the reception of EU inde-pendence requirements in France and Germany is examined in-depth for which telecommuni-cations, data protection and statistics serve as the fields of reference. In the following, this thesis focuses on the effect within the executive of the Member States and claims that Mem-ber States lose their autonomy regarding the setting up of their internal administrative organi-sation while self-confident administrative authorities appear on the national level challenging governmental decisions: the disaggregating effect. In contrast to other analyses, this thesis provides arguments that this development is not directed to technocratic models of govern-ance, but to a more effective application and enforcement of EU law which exceeds field-specific approaches to independent institutions. Furthermore, the competence of the EU to oblige Member States to create independent domestic administrative authorities is neither constrained by the respect of the national identity (Article 4 (2) TEU) nor by the principle of institutional autonomy. However, granting independence to domestic independent administra-tive authorities combined with a re-integration to the European Commission infringes the principle of a decentralised administrative structure as laid down in Article 291 (1) TFEU
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Kroeger, Malte
Index
no index present
Literary form
non fiction
Nature of contents
theses
http://library.link/vocab/relatedWorkOrContributorName
European University Institute
Series statement
  • LLM theses
  • EUI theses
http://library.link/vocab/subjectName
  • Law
  • International and municipal law
Label
Disaggregation via 'governmental independence' : EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive, Malte Kroeger
Instantiates
Publication
Note
  • Award date: 12 December 2013
  • Supervisor: Professor Loïc Azoulai, European University Institute
Bibliography note
Includes bibliographical references (pages 91-104)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17566198
Dimensions
30 cm.
Extent
104 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)914478431
Label
Disaggregation via 'governmental independence' : EU law as a trigger for domestic administrative authorities and the disaggregation of the member states' executive, Malte Kroeger
Publication
Note
  • Award date: 12 December 2013
  • Supervisor: Professor Loïc Azoulai, European University Institute
Bibliography note
Includes bibliographical references (pages 91-104)
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17566198
Dimensions
30 cm.
Extent
104 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)914478431

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