- 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
Decisions in Individual Cases
Decisions in Individual Cases
- Chapter:
- (p.625) 18 Decisions in Individual Cases
- 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 covers ‘unilateral’ determinations, not only those of European Union institutions and bodies, but also decisions by Member States when implementing European law through their administrative apparatuses. Such determinations comprise the full range of regulatory, distributive, supervisory, and enforcing decisions by administrative officials addressed both to individuals and to other public authorities on European or national level. Questions of their validity, revocation, and reversal, and the relationship between unilateral determinations and negotiated outcomes, in the form of agreements, are central to the legal understanding of the operation of the legal-administrative system of the Union. A particular matter of keen interest here is that of the transterritorial effect of Member State decisions within the framework of EU administrative law.
Keywords: EU administrative law, unilateral determinations, administrative action, transterritorial effect
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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
