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 9: Judicial Review of Integrated Administration in the EU

Alexander H. Türk

Subjects: law - academic, european law

Extract

Alexander H. Türk INTRODUCTION I. The judicial architecture of the European Community was designed to follow the logic of a system of executive federalism.1 Such a system would entrust the adoption of general and abstract rules to the Community, while the implementation and application of those rules would be the responsibility of the Member States. Private parties, while unable to challenge general Community rules, would be entitled to question their validity in the national courts in pursuance of an action brought against the national authorities which had applied them. On the other hand, where the Commission was, exceptionally, entrusted with the application of Community rules, individuals would be given direct access to the European Court to contest their validity, provided certain standing requirements were met. The development of the Community legal order has, however, led to a more complex system of EU administrative governance.2 This system of integrated administration is characterised by its intensive co-operation between administrative actors from the national and Community levels.3 The involvement of national administrations in the decision-making processes of the Community and the participation of Community actors in the implementation of Community law in the national legal systems have added to the difficulties which individuals already face within the current judicial architecture. While the restrictive conditions of direct access for individuals to the 1 For a description of the classic model of executive federalism, see, for example, K. Lenaerts, ‘Some Reflections on the Separation of Powers in the European Community’ (1991) 28 CMLRev 11...

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