Towards an Integrated Administration
Edited by Herwig C.H. Hofmann and Alexander H. Türk
Chapter 1: The Administrative Implementation of European Union Law: A Taxonomy and its Implications
Edoardo Chiti PURPOSE 1. What are the main schemes for the administrative implementation of European Union law? Do they tend to converge around a general mechanism of joint execution, based on the stable cooperation among the national administrations and between the latter and the European authorities, as it is often assumed in the current scientific discussion on the European integration process? If this is the case, do the specific forms of joint execution vary from case to case or is it possible to identify certain prevailing models? And what are the distinguishing features of the emerging models, both in organizational and functional terms? Such questions have received increasing attention by legal scholarship, which in recent times has proposed a number of classifications of the various schemes for the administrative execution of European Union law. For example, it has been argued, in line with the traditional approach to the subject, that administrative implementation in the European Union legal order is still essentially a matter of direct and indirect execution and responds to the general model of executive federalism.1 In a different vein, 1 See, for example, S. Kadelbach, ‘European Administrative Law and the Law of a Europeanised Administration’, in C. Joerges and R. Dehousse, Good Governance in Europe’s Integrated Market, Oxford (Oxford University Press, 2002), pp. 167 ff., where it is argued that direct and indirect execution are governed by two distinct bodies of administrative law, while a third set of legal provisions is that of national rules and institutes governing...
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