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.

Chapter 2: Shared Administration, Disbursement of Community Funds and the Regulatory State

Paul Craig

Subjects: law - academic, european law


Paul Craig*1 There are a variety of ways in which national administrations interact with the EU institutions, and these differ in areas such as Comitology, agencies and the Open Method of Coordination. It is nonetheless important to distinguish these various modes of administrative interaction from shared administration stricto sensu. The concept of shared administration was accurately captured by the Committee of Independent Experts, which stated that shared management connoted:12 [M]anagement of those Community programmes where the Commission and the Member States have distinct administrative tasks which are inter-dependent and set down in legislation and where both the Commission and the national administrations need to discharge their respective tasks for the Community policy to be implemented successfully. Shared management/administration in this sense is central to the operation of the EU. It is the mode of administration used for implementation in areas such as the Common Agricultural Policy (CAP) and the Structural Funds. It is however also used in other areas as diverse as customs, the regulation of telecommunications and energy utilities, and competition policy. The rationale for and prevalence of shared administration as defined by the Committee of Independent Experts is readily explicable. A number of factors are relevant in this respect, although the extent to which they apply will vary from area to area. * 1 Professor of English Law, St John’s College, Oxford. Committee of Independent Experts, Second Report on Reform of the Commission, Analysis of Current Practice and Proposals for Tackling Mismanagement, Irregularities and Fraud (10...

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