Herwig Hofmann

EU Administrative Governance

Sixteen contributions from European academics and legal practitioners discuss the developing modes of administrative governance in the EU. The focus is on how cooperation between public administrations at all levels has formed the core of the EUs unique system of government and governance. Some of the topics examined include European governance of

Mapping the European administrative space

The European administrative space is the area in which increasingly integrated administrations jointly exercise powers delegated to the EU in a system of shared sovereignty. Its development has been evolutionary and fluid. Its structures have been established on a case-by-case basis in different policy areas. Despite this differentiation, the phenomenon of administrative cooperation has led to an ‘integrated administration’ in the form of an intensive and often seamless cooperation between national and supranational administrative actors and activities. This article explores the reasons for and consequences of this development.

The Development of Integrated Administration in the EU and its Consequences

The discussion about the transformation of forms of government and governance in Europe cannot avoid touching upon the role of administrations or administrative actors. Within the EUs multi-level system, the activities of agenda-setting, policy formulation, and implementation all involve some form of interaction between public actors from the sub-national, national, supranational, and international levels. Cooperation amongst administrations in Europe has become the backbone of the EUs unique system of government and governance. Forms of cooperation have led to an integrated administration, which has developed in an evolutionary fashion and operates in large parts beyond the formally constituted rules of the treaties. This article explores the implications of this phenomenon and argues for the need of a changed perspective.

Administrative Law and Policy of the European Union

PART ONE: INTRODUCTION 1. The Idea of European Union Administration - Its Nature and Development 2. The Aim and Approach of this Book 3. Interdisciplinary Foundations of European Administrative Law 4. A Typology of Administrative Tasks in the European Union PART TWO: THE CONSTITUTIONAL FRAMEWORK OF EUROPEAN UNION ADMINISTRATIVE LAW 5. Sources of European Union Administrative Law 6. Principles Underlying the Relationship Between the European Union and the Member States 7. General Principles Framing European Union Administrative Law 8. Delegation and the European Union Constitutional Framework PART THREE: STRUCTURES, PROCEDURES, AND METHODS 9. Organisational Arrangements for EU Administrative Action 10. Budget Implementation and Programme Management 11. Administrative Procedures 12. Information and Administration 13. Rules and Principles Governing the Substance of Administrative Decision-Making PART FOUR: FORM AND EFFECT OF ADMINISTRATIVE ACTS - ABSTRACT-GENERAL MEASURES 14. Agenda Setting, Preparatory Acts, Planning and Framework Measures 15. Subordinate Legislation 16. Administrative Rules 17. Rulemaking by Private Parties PART FIVE: FORM AND EFFECT OF ADMINISTRATIVE ACTS - SINGLE-CASE MEASURES 18. Decisions in Individual Cases 19. Administrative Agreements 20. Factual Conduct by the Administration in Individual Cases PART SIX: ENFORCEMENT AND SUPERVISION OF ADMINISTRATIVE ACTIONS 21. Purposes and Functions of Supervision and Enforcement 22. Enforcement 23. Administrative Supervision 24. Political Supervision 25. Judicial Supervision PART SEVEN: CONCLUSION 26. The Present and Future Condition of European Union Administrative Law

Seven Challenges for EU Administrative Law

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the past 50 years linking various levels of government and administration in the Member States and the EU to administrative networks which are active also on the international scene. In this context, European administrative law has grown and evolved and has become an important, yet often not very fully understood, factor shaping the reality of policy implementation in the EU.

Introduction: Towards a Legal Framework for Europe’s Integrated Administration

This book aims to explore the legal challenges for the dynamically developing fi eld of EU administrative law. They arise most importantly from the development towards an integrated administration in the EU.1 The book’s task is to contribute to a deeper understanding and discussion of this development’s underlying concepts and consequences. The contributions to this book look at how to ensure accountability, legality, legitimacy and effi ciency of the actors involved in administration in the EU and their actions. In short, this volume is a contribution to the developing understanding of the fast evolving area of EU administrative law. The development towards today’s system of integrated administration of the EU has been defi ned through the evolution of legal, political and administrative conditions of administering joint policies. Legal problems of an integrated administration exist against the background of the transformation of both the EU Member States and the E(E)C and EU in the process of European integration. National administrations had developed under national public law as state-specifi c structures. These refl ected diff erent identities, historical traditions of organization and certain underlying values such as regionalization or centralized unifi cation within a state. The eff ect of European integration has been to open Member States’ public law systems, obliging them to establish administrative institutions, bodies and procedures required for an eff ective exercise of shared sovereignty under the system of EU law. The reality of integrated administration thus is the story of the development of a system of decentralized yet cooperative administrative structures. An explanation of this phenomenon lies in the fact that implementation of EU legislation is still undertaken mostly at the level of the Member States. However, uniform application of the provisions and the creation of

Administrative law reform in the European Union: the ReNEUAL Project and its basis in comparative legal studies: Second Edition

The Research Network on European Union Administrative (ReNEUAL) model rules on European Union (EU) administrative procedure law, first published in 2014, are the result of a real-life, largescale undertaking in comparative administrative law. The model rules were developed on the basis of comparative administrative law. The basis of comparison was, on one hand, administrative rules in various EU regulatory policy fields and, on the other hand, approaches to standard questions arising in administrative law contexts in European states. This chapter introduces the background and the outcome of the model rules on EU administrative procedure law.

European administration: nature and developments of a legal and political space

This chapter presents in broad strokes an overview of the genesis, the reasons for development and the forms as well as the functions of the European administration as we know it today with specific focus on administration of and in the EU. European administration is often described in the context of the metaphor of ‘space’, as a ‘European administrative space’.1 The reason for this is not only the territorial reach of administrative powers being linked to the territorial jurisdiction of public law. The metaphor is also used in the TFEU, which, maybe a little euphemistically, refers to an ‘area of freedom, security and justice’. Using the image of ‘space’ allows exploring in a more contextual way the gradual evolution of administrative structures, procedures, cultures and approaches within the EU and other jurisdictions affected by European integration. This chapter approaches the topic in three steps. First, it looks at the genesis of the European administrative space and offers some explanations why things look as they do and what consequences arise therefrom. Second, this chapter focuses on the pluralization of actors composing the ‘European administration’ and their modes of cooperation. I therein highlight the growing procedural integration through composite procedures and the increasing relevance of information. Finally, this chapter addresses the possible future developments of an integrated

European regulatory union? The role of agencies and standards

The nature and evolution of the exercise of regulatory powers in the EU is explicable only in the context of the increasing diversification of forms of act and of actors – both within the EU’s executive branch of powers through ‘agencification’ as well as with regard to co-opted private and semi-private standard setting bodies external to the EU. But whilst standardisation fulfils important functions in the regulation of the internal market, questions of legitimacy and participation of such activity need to be closely monitored. Procedural rules for all forms of rule-making in the Union as well as to judge whether standards can be incorporated into EU law appear to be a growing necessity.

The Court of Justice of the European Union and the European Administrative Space

This chapter looks at the effects of the exercise of judicial review on the development of the European administrative space and, more specifically, at the conditions of implementation of EU policies by administrative action in the EU. The chapter outlines some long-term trends and effects of holding administrative action to account by means of judicial review, and the courts’ possibilities of influencing the development of public law in the EU.1 It thereby looks not only at the ‘big picture’ of the major phases of transformation of the system of implementing EU law by means of administrative activities, it also asks what the effects of these transformations have been on the possibilities of exercising judicial review, and what future developments may be necessary to remedy some of the remaining or newly emerging problematic aspects of the system. With regard to past developments, this chapter uses a descriptive approach historically contextualizing the observed features. Where the discussion of possible consequences is concerned, it compares the existing status quo with some requirements arising from general principles of the EU as developed in no small part by the case law of the Court of Justice of the European Union (CJEU)2 itself.