EU Administrative Law

2018 ◽  
Author(s):  
Paul Craig
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Administrative Law ◽  
Legal Regime ◽  
Open Method Of Coordination ◽  
Direct Administration ◽  
Book Deal ◽  
Legitimate Expectations ◽  
The Subject ◽  
The Eu

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

scholarly journals The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020 ◽  
Vol 13 (2) ◽  
pp. 55-86
Author(s):  
Luis Arroyo Jiménez ◽  
Gabriel Doménech Pascual
Keyword(s):  
Decision Making ◽  
General Principle ◽  
Legal Status ◽  
Case Law ◽  
Administrative Law ◽  
Status Quo ◽  
Eu Law ◽  
National Legislation ◽  
Legitimate Expectations ◽  
The Eu

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is that the Europeanisation of Spanish administrative law through the principle of legitimate expectations has been variable and ambiguous.

scholarly journals Back to the future: Brexit, EIA and the challenge of environmental judicial review

2019 ◽  
Vol 21 (1) ◽  
pp. 6-20
Author(s):  
Maia Perraudeau
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Legal Culture ◽  
Case Law ◽  
Administrative Law ◽  
Environmental Legislation ◽  
Judicial Interpretation ◽  
Public Authorities ◽  
Environmental Decisions ◽  
The Eu

This article explores how legal culture influences judicial interpretation of environmental legislation, which in turn affects how effectively public authorities are legally held to account for environmental decisions. Analysis of initial case law from the UK’s transposition of the EU Environmental Impact Assessment Directive shows English administrative courts interpreting the directive so restrictively as to undermine the purpose of the legislation itself. It will be suggested that the political sensitivity and legal complexity of administrative law, combined with the legally challenging nature of environmental problems, contribute to a legal culture of narrow interpretation. In contrast, the purposive and effectiveness-orientated approach of EU legal culture facilitated the House of Lord’s later reinterpretation of the Directive, allowing increased judicial engagement in the challenge of environmental law. This article therefore contends that ensuring effective environmental law after Brexit will require a reframing of the legal culture of administrative law itself.

Judicial review of Common Foreign and Security Policy by the ECtHR and the (re)negotiation on the accession of the EU to the ECHR

2021 ◽  
pp. 1023263X2198824
Author(s):  
Maria José Rangel de Mesquita
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
Regional Level ◽  
Judicial Control ◽  
National Courts ◽  
Foreign And Security Policy ◽  
Conclusion Section ◽  
The Relationship ◽  
The Eu

The article addresses the issue of judicial control of the implementation of Common Foreign and Security Policy at international regional level within the framework of the relaunching of the negotiation in view of the accession of the EU to the ECHR. Considering the extent of jurisdiction of the CJEU in respect of Common Foreign and Security Policy field in the light of its case law (sections 1 and 2), it analyses the question of judicial review of Common Foreign and Security Policy within international regional justice by the ECtHR in the light of the ongoing negotiations (section 3), in the perspective of the relationship between non-national courts (section 3.A), having as background the (2013) Draft Agreement of accession (section 3.B.1). After addressing the relaunching of the negotiation procedure (section 3.B.2) and the issue of CFSP control by the ECtHR according to the recent (re)negotiation meetings (section 3.B.3), some concrete proposals, including for the redrafting of the accession agreement, will be put forward (section 3.B.4), as well as a conclusion (section 4).

Judicial review of Common Foreign and Security Policy by the ECtHR and the (re)negotiation on the accession of the EU to the ECHR

2021 ◽  
Vol 28 (3) ◽  
pp. 356-370
Author(s):  
Maria José Rangel de Mesquita
Keyword(s):  
Judicial Review ◽  
Security Policy ◽  
Case Law ◽  
Regional Level ◽  
Judicial Control ◽  
National Courts ◽  
Foreign And Security Policy ◽  
Conclusion Section ◽  
The Relationship ◽  
The Eu

The article addresses the issue of judicial control of the implementation of Common Foreign and Security Policy at international regional level within the framework of the relaunching of the negotiation in view of the accession of the EU to the ECHR. Considering the extent of jurisdiction of the CJEU in respect of Common Foreign and Security Policy field in the light of its case law (sections 1 and 2), it analyses the question of judicial review of Common Foreign and Security Policy within international regional justice by the ECtHR in the light of the ongoing negotiations (section 3), in the perspective of the relationship between non-national courts (section 3.A), having as background the (2013) Draft Agreement of accession (section 3.B.1). After addressing the relaunching of the negotiation procedure (section 3.B.2) and the issue of CFSP control by the ECtHR according to the recent (re)negotiation meetings (section 3.B.3), some concrete proposals, including for the redrafting of the accession agreement, will be put forward (section 3.B.4), as well as a conclusion (section 4).

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

Proceduralism and Automation

2020 ◽  
pp. 275-298 ◽  
Author(s):  
Carol Harlow ◽  
Richard Rawlings
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Judicial Review ◽  
Due Process ◽  
Case Law ◽  
Administrative Law ◽  
Paradigm Change ◽  
Technological Revolution ◽  
Administrative Procedure ◽  
The Impact

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

scholarly journals Case C-616/17 Blaise and Others: The precautionary principle and its role in judicial review – Glyphosate and the regulatory framework for pesticides

2020 ◽  
Vol 27 (4) ◽  
pp. 529-542
Author(s):  
Sabrina Röttger-Wirtz
Keyword(s):  
Precautionary Principle ◽  
Judicial Review ◽  
Active Substance ◽  
Plant Protection ◽  
Plant Protection Products ◽  
Case Law ◽  
Reference Procedure ◽  
The Precautionary Principle ◽  
Court Of Justice ◽  
The Eu

The approval renewal of glyphosate as an active substance for pesticides in the EU has also kept the Court of Justice occupied. Within this line of case law, the Blaise case is the most recent one. In this preliminary reference procedure the Court was asked to review the validity of the Plant Protection Products Regulation 1107/2009, examined against the precautionary principle as benchmark. The case is relevant not only for the questions raised about the Regulation, but also as it sheds a light on the – albeit limited – use of the precautionary principle in the judicial review of EU legislative measure.

scholarly journals Gods and Services: Religious Groups and Sexual Orientation Discrimination

2008 ◽  
Vol 10 (2) ◽  
pp. 205-209
Author(s):  
Russell Sandberg
Keyword(s):  
Sexual Orientation ◽  
Northern Ireland ◽  
Judicial Review ◽  
Case Law ◽  
Orientation Discrimination ◽  
Religious Groups ◽  
Goods And Services ◽  
Sexual Orientation Discrimination ◽  
The Subject ◽  
Religious Exemption

Exemptions for religious groups from generally applicable laws are by no means unusual, especially in the field of discrimination law. However, exemptions from laws prohibiting discrimination on grounds of sexual orientation have proved particularly controversial. The legality of exemptions in regulations prohibiting discrimination on grounds of sexual orientation in the employment sphere has been the subject of judicial review and the scope of those exemptions has also been judicially examined. The extension to prohibit discrimination on grounds of sexual orientation in the provision of goods and services has proved controversial, and case law on the extent of the religious exemption included in the British regulations is awaited. In the meantime, a recent judicial review of the corresponding Northern Ireland regulations, which were enacted prior to the British regulations, may be illuminating.

scholarly journals Funcionarios interinos y empleo público: análisis general de su controvertido régimen jurídico

2021 ◽  
pp. 19-60
Author(s):  
Pedro BRUFAO CURIEL
Keyword(s):  
Public Health ◽  
Case Law ◽  
Civil Servants ◽  
Educational Services ◽  
Public Employees ◽  
Eu Law ◽  
Legal Regime ◽  
Job Stability ◽  
Severance Pay ◽  
The Eu

LABURPENA: Lan honek Espainiako bitarteko funtzionarioen araubide juridiko zaila, aldakorra eta kontraesanezkoa sistematizatzen du. Figura horren gehiegizko erabilerak eta funtzionario bilakatzeko prozesuek lausotu egin dituzte batzuen eta besteen arteko mugak, eta horri gehitu behar zaio lanbide-sektore batzuetan, hala nola osasunaren eta hezkuntzaren arloetan, enpleguaren aldi baterakotasun tasa handiak profesionalen eskubideak ez ezik, zerbitzu publikoaren egonkortasuna eta kalitatea ere jartzen dituela arriskuan. Milaka interesdunei eragiten dien egoera juridiko kezkagarri horren xehetasunak argi eta garbi adierazi nahian, kritikoki azalduko dugu bitarteko funtzionarioei aplikatu beharreko araubidea, Europako zuzenbideak eta konstituzioko eta administrazioarekiko auzien jurisprudentziak moldatua; hau da, haiek izendatzea zein kargutik kentzeko baldintzak eta balizko kalte-ordainak, bai eta haiei esleitutako eskumenak eta lanbide-karreraren gorabeherak. ABSTRACT: This essay analyzes the confusing, changing and contradictory legal regime of interim or temporary civil servants in Spain. The abuse played upon this figure and the schemes related to turning public employees into civil servants have indeed blurred the limits raised between them, in addition to the risks posed by the highly temporality levels, specially suffered by public health and educational services, to both labour rights and job stability and quality. Thousands of public jobs are affected by this situation, and aiming at making clear the details of that situation a review of its legal regime is shown in this paper, framed by the EU law and constitucional and administrative case-law, beginning with job appointments and ending up with their dismissal and severance pay, along with their authority, jurisdiction, and career development. RESUMEN: Este trabajo sistematiza el complicado, cambiante y contradictorio régimen jurídico de los funcionarios interinos en España. El abuso de esta figura y los procesos de funcionarización han desdibujado los límites entre unos y otros, a lo que se le suma el que en ciertos sectores profesionales como el sanitario y el educativo la alta tasa de temporalidad en el empleo pone en riesgo no solo los derechos profesionales, sino la estabilidad y la calidad del servicio público. Con el fin de exponer con claridad los detalles de esta preocupante situación jurídica que afecta a decenas de miles de interesados, mostramos críticamente el régimen aplicable a los funcionarios interinos, moldeado por el Derecho europeo y la jurisprudencia constitucional y contencioso-administrativa, desde su nombramiento hasta las condiciones de cese y la eventualidad de una indemnización, pasando por las competencias atribuidas y las vicisitudes de su carrera profesional.

scholarly journals Public danger as a sign of administrative offences

2019 ◽  
pp. 30-36
Author(s):  
Natal'ya Anatol'evna Akhtanina
Keyword(s):  
Russian Federation ◽  
Public Discourse ◽  
Statistical Data ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Clear Definition ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the earlier and currently active norms of administrative legislation regulating the concept of legal offense as well as scientific literature devoted to this topic and statistical data on administrative offenses from the Russian case law. The author analyzes the essence of the signs of administrative offenses. The importance of this topic is substantiated the fact that the concept of legal offense is one of the main categories of the administrative law of the Russian Federation. Analysis is conducted on the various approaches of scholars in administrative law towards definition of this concept. The novelty of this research is defined by the importance of clear definition of the concept of administrative offense due to introduction of the New Code on Administrative Offenses of the Russian Federation into public discourse. Considering the sign of public danger of an administrative offense, the author proposes formulating Article 2.1 of the Code of the Russian Federation on Administrative Offenses in the following way: “Administrative offense is a committed punishable action or inaction of a private or legal entity, posing public danger, and carries administrative liability established by this Code or a law of a subject of the Russian Federation”.

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