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The Present and Future Condition of European Union Administrative Law

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0026
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter offers a view of the current place, function, and nature of Union administrative law, and how this body of law can and should develop in order to serve the tasks with which it has been ... More


Judicial Supervision

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0025
Subject:
Law, EU Law, Constitutional and Administrative Law

Judicial supervision, generally occurring subsequently both to administrative action and to measures of administrative supervision, is designed to correct errors which have already occurred and to ... More


Administrative Supervision

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0023
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter is concerned with internal administrative supervision, that is, supervision and control of public administrative action within the European Union public administration itself. The idea ... More


Administrative Rules

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0016
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter discusses administrative rule-making. Administrative rule-making is one of the central tools for an administration to guide its own administrative procedures and the exercise of ... More


Decisions in Individual Cases

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0018
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter covers ‘unilateral’ determinations, not only those of European Union institutions and bodies, but also decisions by Member States when implementing European law through their ... More


Administrative Procedures

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0011
Subject:
Law, EU Law, Constitutional and Administrative Law

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, ... More


Administrative Agreements

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0019
Subject:
Law, EU Law, Constitutional and Administrative Law

Within European administrative law, single-case implementation of European Union legal policy can occur not just through unilateral measures, but also by means of agreements or contracts concluded by ... More


Enforcement

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0022
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter details the legal framework for measures and methodologies of enforcement. Enforcement is considered essentially as an activity undertaken by the administration. It implies that legal ... More


Foundations

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

The discussion thus far has considered the different ways in which the EU delivers policy. The focus has been on administration and law. The second part of the book shifts the focus to law and ... More


Political Supervision

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0024
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on political supervision in the multi-level system through the Council and the European Parliament, but Member States' structures of political supervision also play a role. ... More


History and Typology

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book is concerned with EU administrative law, which includes analysis of the main forms of administration through which policy is delivered, as well as the principles of judicial review. It is ... More


Delegation and the European Union Constitutional Framework

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines the concept of delegation in EU administrative law. It begins with the legal issues relating to the constitutional framework of delegation to EU institutions under the EC Treaty ... More


Rule-Making by Private Parties

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0017
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on administrative rule-making by private or semi-private parties. It discusses important developments in EU administrative law in this direction, including coregulation and ... More


Access

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0011
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter is concerned with access. It is the natural starting point for consideration of administrative law doctrine. Any system of administrative law will have access points or gateways, which ... More


Purposes and Functions of Supervision and Enforcement

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0021
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter analyses the purposes and functions of supervision and enforcement of administrative activity generally in the context of the European Union. The first section presents some background ... More


Competence and Subsidiarity

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0014
Subject:
Law, EU Law, Constitutional and Administrative Law

The previous chapters were concerned with access, process, and transparency. This chapter turns to substantive review and it is natural to begin with competence and subsidiarity, more especially so ... More


Precautionary Principle

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0021
Subject:
Law, EU Law, Constitutional and Administrative Law

While the precautionary principle is found in some legal systems, such as Germany, it is nonetheless relatively novel as a precept of administrative law. It has however become of increased importance ... More


Proportionality I: EU

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0019
Subject:
Law, EU Law, Constitutional and Administrative Law

Proportionality is an important principle of EU administrative law. It can be used to challenge EU action, and Member State action. Different considerations tend to apply in these two spheres, and ... More


The Ombudsman *

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0024
Subject:
Law, EU Law, Constitutional and Administrative Law

The Treaty of Maastricht introduced the European Ombudsman into the institutional landscape of the Union. The emergence of an extra-judicial mechanism geared towards overseeing the administrative ... More


Comitology

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on Comitology and the making of secondary norms, which normally take the form of rules. The chapter is organized as follows. It begins with analysis of the nature of the problem ... More


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