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Administrative Law and Policy of the European Union$
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Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk

Print publication date: 2011

Print ISBN-13: 9780199286485

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199286485.001.0001

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Administrative Procedures

Administrative Procedures

Chapter:
(p.360) 11 Administrative Procedures
Source:
Administrative Law and Policy of the European Union
Author(s):

Herwig C.H. Hofmann

Gerard C. Rowe

Alexander H. TÜrk

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199286485.003.0011

This chapter deals with administrative procedures. Centralized administrative procedures for the application of Union law have been established only in limited areas, such as competition, state aid, and anti-dumping. In such procedures, the need for sufficient powers in the Commission to investigate, decide upon, and sanction the infringement of Union law effectively, may collide with the privileges of national authorities, and with the fundamental rights of those subject to investigation or allegation. Also, in the procedures which the Commission has to conduct for the adoption of implementing rules (when these are necessary for the uniform application of Union law), the Member States have retained considerable powers of involvement and supervision. This contrasts, at least until recently, with the more limited role of the European Parliament, and the rare possibilities for the structured participation of civil society. The integrated nature of European administration raises most serious issues in the case of composite procedures, where supranational and national authorities contribute in various formations to the application of Union law. Procedures in that context are often characterized by a lack of accountability and clear allocation for responsibility of their political and judicial supervision.

Keywords:   Public administration, EU administrative law, centralized administration, European administration, European Commission

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