Towards an Integrated Administration
Edited by Herwig C.H. Hofmann and Alexander H. Türk
Chapter 13: Legal Challenges in EU Administrative Law by the Move to an Integrated Administration
Herwig C.H. Hofmann and Alexander H. Türk The contributions to this book have discussed various legal aspects of the phenomenon of integrated administration in the EU and have contributed to developing a better understanding of the legal framework thereof. This has not been a simple task, not least because the founding treaties have not provided for a legal framework for this administrative integration. It was due to the evolutionary and diversified development of forms of integrated administration that many new and unforeseen legal problems have arisen. They are often the result of forms of non-hierarchic, network-like structures and procedures of administrative cooperation in the EU. Across policy areas a general tendency can be observed of integrating a multitude of administrative actors from different jurisdictions in joint procedures. This often results in a mix of legal systems’ rules being applicable to a single administrative procedure. One of the striking features of this development is that integrated administration has not been subject to any structured legislative approach. There is no standard ‘EU administrative procedures act’ or similar horizontally applicable legislation. Only few acts of general administrative law exist in the EU.1 Amongst them, the most prominent are the Comitology Decisions of 1987, 1999 and 2006 as well as the EC’s Financial Regulation,2 and a regulation on so-called Community ‘executive agencies’.3 Also, the doctrinal treatment of these matters of general EU administrative law is in its infancy. In the past, EU administrative law was generally regarded See the introductory chapter of...
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