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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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Factual Conduct by the Administration in Individual Cases

Factual Conduct by the Administration in Individual Cases

(p.667) 20 Factual Conduct by the Administration in Individual Cases
Administrative Law and Policy of the European Union

Herwig C.H. Hofmann

Gerard C. Rowe

Alexander H. TÜrk

Oxford University Press

Not all actions of European Union or Member State authorities implementing European law are decisions ‘intended to produce legal effects’ in the sense of Article 263(1) TFEU (Article 230(1) EC) or of the equivalent Member State legal provisions. Frequently, administrative action is explicitly or implicitly designed to have factual, as opposed to legal, consequences or effects. Such ‘factual conduct’ or ‘factual acts’, as these phenomena of administrative action might be called in practice, in order to distinguish them from formal, legally effective measures, do not occur in a legal vacuum in the Union context, any more than they do in the context of national legal systems. Rules and principles of European administrative law frame cases of factual conduct, establishing both criteria for their legality and the consequences of the illegality, especially in situations involving violations of rights. This chapter discusses various categories of factual acts and factual conduct.

Keywords:   EU administrative law, administrative action, factual acts

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