- Title Pages
- Dedication
- Foreword
- Authors’ Preface
- Abbreviations<sup>1</sup>
- Notes on the Authors
- Chronological Table of Cases of the Court of Justice of the European Union
- Table of Legal Acts
- Table of Legal Acts of the European Union
- Part I Introduction
- 1 The Idea of European Union Administration—Its Nature and Development
- 2 The Aim and Approach of this Book
- 3 Interdisciplinary Foundations of European Administrative Law
- 4 A Typology of Administrative Tasks in the European Union
- Part II The Constitutional Framework of European Union Administrative Law
- 5 Sources of European Union Administrative Law
- 6 Principles Underlying the Relationship Between the European Union and the Member States
- 7 General Principles Framing European Union Administrative Law
- 8 Delegation and the European Union Constitutional Framework
- Part III Structures, Procedures, and Methods
- 9 Organizational Arrangements for European Union Administrative Action
- 10 Budget Implementation and Programme Management
- 11 Administrative Procedures
- 12 Information and Administration
- 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- Part IV Form and Effect of Administrative Acts—abstract-general Measures
- 14 Agenda Setting, Preparatory Acts, Planning, and Framework Measures
- 15 Subordinate Legislation
- 16 Administrative Rules
- 17 Rule-Making by Private Parties
- Part V Form and Effect of Administrative Acts—Single-Case Measures
- 18 Decisions in Individual Cases
- 19 Administrative Agreements
- 20 Factual Conduct by the Administration in Individual Cases
- Part VI Enforcement and Supervision of Administrative Action
- 21 Purposes and Functions of Supervision and Enforcement
- 22 Enforcement
- 23 Administrative Supervision
- 24 Political Supervision
- 25 Judicial Supervision
- Part VII Conclusion
- 26 The Present and Future Condition of European Union Administrative Law
- Appendix European Union and European Community Treaty Provisions—Table of Correspondences<sup>1</sup>
- Index
Administrative Procedures
Administrative Procedures
- Chapter:
- (p.360) 11 Administrative Procedures
- Source:
- Administrative Law and Policy of the European Union
- Author(s):
Herwig C.H. Hofmann
Gerard C. Rowe
Alexander H. TÜrk
- Publisher:
- Oxford University Press
This chapter deals with administrative procedures. Centralized administrative procedures for the application of Union law have been established only in limited areas, such as competition, state aid, and anti-dumping. In such procedures, the need for sufficient powers in the Commission to investigate, decide upon, and sanction the infringement of Union law effectively, may collide with the privileges of national authorities, and with the fundamental rights of those subject to investigation or allegation. Also, in the procedures which the Commission has to conduct for the adoption of implementing rules (when these are necessary for the uniform application of Union law), the Member States have retained considerable powers of involvement and supervision. This contrasts, at least until recently, with the more limited role of the European Parliament, and the rare possibilities for the structured participation of civil society. The integrated nature of European administration raises most serious issues in the case of composite procedures, where supranational and national authorities contribute in various formations to the application of Union law. Procedures in that context are often characterized by a lack of accountability and clear allocation for responsibility of their political and judicial supervision.
Keywords: Public administration, EU administrative law, centralized administration, European administration, European Commission
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- Title Pages
- Dedication
- Foreword
- Authors’ Preface
- Abbreviations<sup>1</sup>
- Notes on the Authors
- Chronological Table of Cases of the Court of Justice of the European Union
- Table of Legal Acts
- Table of Legal Acts of the European Union
- Part I Introduction
- 1 The Idea of European Union Administration—Its Nature and Development
- 2 The Aim and Approach of this Book
- 3 Interdisciplinary Foundations of European Administrative Law
- 4 A Typology of Administrative Tasks in the European Union
- Part II The Constitutional Framework of European Union Administrative Law
- 5 Sources of European Union Administrative Law
- 6 Principles Underlying the Relationship Between the European Union and the Member States
- 7 General Principles Framing European Union Administrative Law
- 8 Delegation and the European Union Constitutional Framework
- Part III Structures, Procedures, and Methods
- 9 Organizational Arrangements for European Union Administrative Action
- 10 Budget Implementation and Programme Management
- 11 Administrative Procedures
- 12 Information and Administration
- 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- Part IV Form and Effect of Administrative Acts—abstract-general Measures
- 14 Agenda Setting, Preparatory Acts, Planning, and Framework Measures
- 15 Subordinate Legislation
- 16 Administrative Rules
- 17 Rule-Making by Private Parties
- Part V Form and Effect of Administrative Acts—Single-Case Measures
- 18 Decisions in Individual Cases
- 19 Administrative Agreements
- 20 Factual Conduct by the Administration in Individual Cases
- Part VI Enforcement and Supervision of Administrative Action
- 21 Purposes and Functions of Supervision and Enforcement
- 22 Enforcement
- 23 Administrative Supervision
- 24 Political Supervision
- 25 Judicial Supervision
- Part VII Conclusion
- 26 The Present and Future Condition of European Union Administrative Law
- Appendix European Union and European Community Treaty Provisions—Table of Correspondences<sup>1</sup>
- Index
