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Administrative Law and Policy of the European Union$
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Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk

Print publication date: 2011

Print ISBN-13: 9780199286485

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199286485.001.0001

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Administrative Rules

Administrative Rules

(p.536) 16 Administrative Rules
Administrative Law and Policy of the European Union

Herwig C.H. Hofmann

Gerard C. Rowe

Alexander H. TÜrk

Oxford University Press

This chapter discusses administrative rule-making. Administrative rule-making is one of the central tools for an administration to guide its own administrative procedures and the exercise of discretions. Internal administrative rule-making in turn may also have the indirect external effect of increasing predictability in policy implementation. Administrative rule-making can be established in various forms, often referred to as guidelines, notices, frameworks, communications, declarations, and many others. Administrative rule-making by EU authorities will generally be undertaken unilaterally by the institution. Exceptionally, in some areas, the authorities' exercise of discretion will be subject to and restricted by administrative rules which result from a negotiated rule-making process involving the Commission and one or more Member States.

Keywords:   EU administrative law, public administration, administrative rule-making, European Commission, Member States

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