- 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
Rules and Principles Governing the Substance of Administrative Decision-Making
Rules and Principles Governing the Substance of Administrative Decision-Making
- Chapter:
- (p.491) 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- 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 the rules and principles governing the substance of administrative decision-making, focusing on the scope of the administration's influence over the substance of decisions. In many instances, the European administration has been allocated a discretion or a margin of appreciation linked to its perceived expertise, or to its political role in the decision-making process. In other instances the relevant law, the application of which is entrusted to the administrative authorities, is more restrictive and determinative of the decision-making outcome. It is shown that such categories are far from absolute, and the boundaries between them not impermeable. Indeed, the scope for appreciation and the exercise of a discretion by the administration is rather to be seen as being on a sliding scale. That scope is relevant not only as regards the range of policy considerations which the administration can pursue or take into account, and its freedom of movement in doing so, but also for the degree to which the European courts are willing to engage with the substance of administrative action when supervising these in the context of judicial review.
Keywords: European administrative law, public administration, administrative decision-making, administrative action
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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
