Towards an Integrated Administration
Edited by Herwig C.H. Hofmann and Alexander H. Türk
Chapter 6: Composite Decision Making Procedures in EU Administrative Law
Herwig C.H. Hofmann INTRODUCTION AND BACKGROUND I. Administrative procedures in the sphere of EU law are increasingly integrated. In many cases, both Member States’ authorities and EU institutions and bodies contribute to a single procedure, irrespective of whether the final decision is taken on the national or the European level.1 Such procedures are referred to here as composite procedures. This chapter is about the legal problems resulting from such procedural administrative integration. Composite procedures are multiple-step procedures with input from administrative actors from different jurisdictions, cooperating either vertically between EU institutions and bodies and Member States’ institutions and bodies, or horizontally between various Member State institutions and bodies or in triangular procedures with different Member State and EU institutions and bodies involved. The final acts or decisions will then be issued by a Member State2 or an EU institution or body but are 1 This reality conflicts with a more traditional model of EU administration, often referred to as ‘executive federalism’, under which administration in the EU had traditionally been understood as a two-level system. In a simplified version of this model, the European level legislates and the Member States implement European policies by national legislative and administrative means. Central to this conception was the distinction between procedures undertaken on the European level on one hand and those by EU Member States on the other hand. See for the description of the classic model of executive federalism e.g. K. Lenaerts, ‘Some Reflections on the Separation of Powers in the European...
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