Synthesis and Assessment

Author(s):  
Herwig C H Hofmann ◽  
Gerard C Rowe ◽  
Alexander H Türk

As set out in our introductory chapter, this work has been designed as an examination of the diverse forms and structures of administrative law applicable within various, specific areas of European Union policies. Its intention is to allow insight into the administrative implementation of Union policies in parallel with one another, reviewing and reflecting on both the differences and commonalities of approach in the varied policy sectors. The administrative differences between sectors may, in fact, lie simply in the policy-specific search for answers to problems already solved in another context, be the consequence of pure ‘path dependency’, or reflect a carefully designed approach which takes into account existing general legal principles, but does so in applying them to a discrete policy field. The starting assumption of this work was that some elements of Union administrative law are applicable cross-sectorally, but much is particular to individual policy settings. In fact, only relatively little existing EU law of a cross-sectoral kind can serve as an—even nascent—body of coherent, general Union administrative law. Most of the law applicable to the practical implementation of EU policy and its legal embodiment—broadly, the administrative law of the Union—has arisen in policy-specific settings. Perhaps the most widely

2013 ◽  
Vol 15 ◽  
pp. 139-167
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides

Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.


Author(s):  
Beate Sjåfjell

This chapter focuses on the neglected environmental dimension of sustainable development. It argues that ecological sustainable development as the new law is not only supported by normative necessity but also has a legal basis in the law of the European Union. The political and bureaucratic will to carry through the necessary practical implementation is, however, lacking. This does not affect the validity of the legal basis or that of the obligations flowing from the legal basis. Rather, it indicates a need to keep repeating the message until it gets through. The chapter outlines the legal basis and its implications for the prioritisation between the three dimensions in EU law. It concludes with some reflections on the possible contribution of labour to the necessary transition to sustainable societies.


Author(s):  
Nigel Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This introductory chapter sets out the book’s purpose, which is to provide a number of example questions on European Union (EU) law, which should be fairly typical of those met on degree level courses on EU law. The questions are then followed by a few sentences or paragraphs of comment on the type of question, the main aspects or elements to be considered in the question, various examiner’s tips on particular issues to be aware of, to include or indeed to avoid, and advice on structuring the answer. The suggested answers are designed to demonstrate how the particular questions should be answered to get a good mark, i.e., an upper second or better.


Author(s):  
Nigel Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This introductory chapter sets out the book’s purpose, which is to provide a number of example questions on European Union (EU) law, which should be fairly typical of those met on degree level courses on EU law. The questions are then followed by a few sentences or paragraphs of comment on the type of question, the main aspects or elements to be considered in the question, various examiner’s tips on particular issues to be aware of, to include or indeed to avoid, and advice on structuring the answer. The suggested answers are designed to demonstrate how the particular questions should be answered to get a good mark, i.e., an upper second or better.


Author(s):  
Marco D’Alberti

This chapter presents an historical analysis of the changes of legal systems and comparative approaches in order to examine the units and methods of comparison in administrative law. It mainly deals with France, Great Britain, the US, and Italy, with some hints at other national legal systems. The chapter also pays attention to the supranational legal context—mainly European Union (EU) law and global law—which has expanded since the 1990s. As the chapter shows, comparison concerning these legal orders has significantly changed over time due to their transformations. At the same time, comparison has influenced those changes.


2019 ◽  
Vol 3 (2) ◽  
pp. 72-88
Author(s):  
Sophie Perez Fernandes

The purpose of this text is to analyse the solution enshrined in Article 168 (7) of the Portuguese Code of Administrative Procedure, which has been in force since 2015. The provision establishes a duty of administrative annulment of final administrative acts contrary to EU law and seeks to echo the case-law of the Court of Justice of the European Union (CJEU) which has the Kühne judgment as its landmark decision. However, a closer reading reveals that that provision is not entirely compatible with the case-law of the CJEU to which it, at first sight, relates to. After qualifying that national provision as a relevant rule of EU Administrative law, we will seek to decipher its meaning and scope, in light of the relevant case-law in order to find an interpretative solution that is compatible with EU law.


2013 ◽  
Vol 15 ◽  
pp. 139-167 ◽  
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides

AbstractThe principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.


Author(s):  
Nigel Foster

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This introductory chapter sets out the book’s purpose, which is to provide a number of example questions on European Union (EU) law, which should be fairly typical of those met on degree level courses on EU law. The questions are then followed by a few sentences or paragraphs of comment on the type of question, the main aspects or elements to be considered in the question, various examiner’s tips on particular issues to be aware of, to include or indeed to avoid, and advice on structuring the answer. The suggested answers are designed to demonstrate how the particular questions should be answered to get a good mark, i.e., an upper second or better.


Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens

Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law. It provides clear and insightful commentary on the key institutions, legal principles, and conventions, and blends this with a carefully selected and diverse range of materials and case studies. Part I covers the fundamentals of the constitution. Part II examines the executive function including protecting rights, government and accountability Part III looks at the legislative function including primary and delegated legislation, European Union treaties, and legislative processes. Part IV considers judicial and dispute resolution functions in terms of the judiciary, tribunals, the ombuds human rights, and constitutional change; Part V examines the European Union, including th institutions of the European Union, joining and leaving the Union and European Law in the UK courts.


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