Jean Monnet Center at NYU School of Law


The Administrative State in a Separation of Powers Constitution: Lessons for European Community Rulemaking from the United States - Contents

I. Nuts and Bolts of Implementing Rules
II. Accountable and Participatory Rulemaking in a Separation of Powers System

A. Definition of Good Administration
B. Accountable Rulemaking

1. Parliamentary Governments
2. Separation of Powers Governments
3. American Notice and Comment Rulemaking

C. Participatory Rulemaking

1. Parliamentary Systems
2. Separation of Powers Systems

III. Evaluating Community Rulemaking

A. Comitology in the 1980s and 1990s

1. Accountability
2. Public Participation

B. Debate over Reform and the Comitology Decision of June 1999

IV. American Rulemaking

A. Statutory Framework
B. Administrative Case Law

V. European Community Rulemaking

A. Administrative Procedure
B. Locus Standi
C. Judicial Review

VI. Comparative Study on Rulemaking: Waste Regulation

A. U.S. Resource Conservation and Recovery Act
B. Council Directives 91/689 and 91/156

1. Current State of the Law
2. Possible Consequences of Reform

C. American Rulemaking and Judicial Review: Burning of Hazardous Waste in Boilers and Industrial Furnaces Rule and Horsehead Resource Development Co. v. Browner

1. Notice and Comment Before the EPA
2. Judicial Review

D. Community Rulemaking and Judicial Review: Pesticides Implementing Directive and European Parliament v. Council

1. Pesticides Implementing Directive
2. European Parliament v. Council
3. Possible Consequences of Reform

VII. Assessment of American Rulemaking

A. Special Interest Capture

1. Public Choice Critique
2. Reform Proposals

B. Gridlock

1. Critique
2. Reform Proposals

VIII. Proposal for Notice and Comment in the Community

A. Case for a Modified Version of Notice and Comment
B. Reform Proposal
C. Dissecting the Proposal





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