The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 5: Tracing the Development of Administrative Principles in the EU: A Possible New Approach to Legitimacy?

Melanie Smith


Melanie Smith 1. INTRODUCTION This chapter relates to ideas about the governance of the EU writ large, in particular, concerns about the legitimacy of the EU as a polity, and it also references the Charter of Fundamental Rights, which is the unifying theme in Part III, later in the book. This chapter examines what impact administrative law, or administrative-type mechanisms and principles, can have on the question of EU legitimacy. It considers the interconnectedness of the concepts of good administration, good governance and legitimacy in the EU. Questions relating to the EU’s legitimacy as a sui generis polity have attracted the attention of scholars from diverse disciplinary fields, and there has been a rich debate on the normative progression of the EU as an organisation,1 its state of integration,2 its constitutional development,3 and so on. In contrast, debates relating to the administrative development of the EU, whilst varied in nature, have not been as diverse or in-depth, rather they have been highly sectoral in nature.4 There has, in fact, been little 1 Weiler, J.H.H. (1991), ‘The Transformation of Europe’, Yale Law Journal, 100, 2403–2483. 2 Majone, G. (2005), Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth, Oxford: Oxford University Press. 3 Walker, N. (ed.) (2006), Relocating Sovereignty, Farnham: Ashgate. 4 With some notable exceptions: see, Harlow, C. (1998), ‘European Administrative Law and the Global Challenge’, EUI Working Paper 98/23, Florence: European University Institute; Harlow, C. (1996), ‘Codification of EC Administrative Procedures:...

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