Legal Challenges in EU Administrative Law

Legal Challenges in EU Administrative Law

Towards an Integrated Administration

Edited by Herwig C.H. Hofmann and Alexander H. Türk

The move towards a system of integrated administration in the EU poses considerable legal challenges. This book explores ways in which accountability, legality, legitimacy and efficiency can be ensured in the multiple forms of co-operation of European and national administrations in the delivery of EU and EC policies.

Introduction: Towards a Legal Framework for Europe’s Integrated Administration

Herwig C.H. Hofmann and Alexander H. Turk

Subjects: law - academic, european law

Extract

Herwig C.H. Hofmann and Alexander H. Türk This book aims to explore the legal challenges for the dynamically developing field of EU administrative law. They arise most importantly from the development towards an integrated administration in the EU.1 The book’s task is to contribute to a deeper understanding and discussion of this development’s underlying concepts and consequences. The contributions to this book look at how to ensure accountability, legality, legitimacy and efficiency of the actors involved in administration in the EU and their actions. In short, this volume is a contribution to the developing understanding of the fast evolving area of EU administrative law. The development towards today’s system of integrated administration of the EU has been defined through the evolution of legal, political and administrative conditions of administering joint policies. Legal problems of an integrated administration exist against the background of the transformation of both the EU Member States and the E(E)C and EU in the process of European integration. National administrations had developed under national public law as state-specific structures. These reflected different identities, historical traditions of organization and certain underlying values such as regionalization or centralized unification within a state. The effect of European integration has been to open Member States’ public law systems, obliging them to establish administrative institutions, bodies and procedures required for an effective exercise of shared sovereignty under the system of EU law. The reality of integrated administration thus is the story of the development of a system of decentralized...