Legal Challenges in EU Administrative Law: Towards an Integrated Administration

408 Pages·2009·2.09 MB·English

by  Herwig C. H. Hofmann

Legal Challenges in EU Administrative Law

Legal Challenges in
EU Administrative
Law
Towards an Integrated Administration
Edited by
Herwig C.H. Hofmann
Professor of European and Transnational Public Law,
University of Luxembourg
Alexander H. Türk
Senior Lecturer in Law, King’s College London
Edward Elgar
Cheltenham, UK • Northampton, MA, USA
© The Editors and Contributors Severally 2009
All rights reserved. No part of this publication may be reproduced, stored
in a retrieval system or transmitted in any form or by any means, electronic,
mechanical or photocopying, recording, or otherwise without the prior
permission of the publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book is available from the British Library
Library of Congress Control Number: 2009925920
ISBN 978 1 84720 788 3
Printed and bound by MPG Books Group, UK
Contents
List of contributors vii
Preface x
Introduction: towards a legal framework for Europe’s integrated
administration 1
Herwig C.H. Hofmann and Alexander H. Türk
PART I MODELS
1. The administrative implementation of European Union law:
a taxonomy and its implications 9
Edoardo Chiti
2. Shared administration, disbursement of community funds
and the regulatory state 34
Paul Craig
PART II PROCEDURES AND STRUCTURES
3. ‘Glass half empty or glass half-full?’: accountability issues in
comitology and the role of the European Parliament after
the 2006 reform of comitology 65
Christine Neuhold
4. Comitology: the ongoing reform 89
Manuel Szapiro
5. Agencies: the ‘dark hour’ of the executive? 116
Michelle Everson
6. Composite decision making procedures in EU administrative
law 136
Herwig C.H. Hofmann
7. The emergence of transatlantic regulation 168
George A. Bermann
v
vi Legal challenges in EU administrative law
PART III SUPERVISION AND ACCOUNTABILITY
8. Administrative supervision of administrative action in the
European Union 179
Gerard C. Rowe
9. Judicial review of integrated administration in the EU 218
Alexander H. Türk
10. Participation and participation rights in EU law and
governance 257
Joana Mendes
11. The eff ects of the principles of transparency and
accountability on public procurement regulation 288
Christopher H. Bovis
12. Good administration as procedural right and/or general
principle? 322
Hanns Peter Nehl
PART IV CONCLUSIONS
13. Legal challenges in EU administrative law by the move to
an integrated administration 355
Herwig C.H. Hofmann and Alexander H. Türk
Index 381
Contributors
George A. Bermann is Jean Monnet Professor of EU law at Columbia Law
School (New York), where he directs the European Legal Studies Center.
He is a faculty member of College d’Europe (Bruges, Belgium) and the
Master of Law and Globalization of the University of Paris I and the
Institut des Sciences of Politiques. He is current president of the Academie
Internationale de Droit Comparé and co-editor-in-chief of the American
Journal of Comparative Law. He is the principal editor of the ABA Guide to
European Administrative Law (2008), as well as co-author of European Union
Law: Cases and Materials (West Pub.).
Christopher H. Bovis JD, MPhil, LLM, FRSA is Professor of Law
and H.K. Bevan Chair in Law at the Law School of the University of
Hull. He has been Jean Monnet Chair in European and Business Law
at Lancashire Law School, University of Central Lancashire; Senior
Visiting Research Fellow at the Institute of Advanced Legal Studies of
the University of London; Visiting Professor, University of Toronto;
Visiting Professor of European Law, University of Montreal; Visiting
Professor of European Business Law, Humboldt Universität zu Berlin;
Visiting Fellow, University of Cambridge; Visiting Professor of Trade
and Commerce, Queen’s University of Belfast; Visiting Professor of
European Law at the University of Lisbon, Portugal; Deputy Director
of the Institute of European Public Law at the University of Hull. His
fi elds of expertise are in European Union law, business law, anti-trust,
and international trade law. He is Editor-in-Chief of the European
Public Private Partnerships Law Review, published by Lexxion. He is
Contributing Editor of the Encyclopedia of Competition Law, published
by Sweet and Maxwell. He has served on the editorial board of legal
journals such as European Public Law, Company Lawyer, Amicus Curiae
and International Corporate Law.
Edoardo Chiti is an Associate Professor of European Union Law at the
Faculty of Political Sciences of the University of La Tuscia. His main
publications are in the fi eld of European administrative law. He is cur-
rently researching on the relations between national, European and global
administrative law.
vii
viii Legal challenges in EU administrative law
Paul Craig is Professor of English Law, St John’s College Oxford. His
principal research interests are administrative law, both domestic and EU,
constitutional law and EU law.
Michelle Everson is Professor of European Law at Birkbeck College,
University of London. She researches and publishes widely in the fi elds of
European law, regulatory law, administrative and constitutional law and
on the theory and practice of citizenship.
Herwig C.H. Hofmann is Professor of European and transnational public
law and Director of the Centre for European Law at the University of
Luxembourg. His teaching and research focus on European constitutional,
administrative and regulatory law, as well as international trade and com-
parative public law. Prior to joining the faculty of Law, Economics and
Finance of the University of Luxembourg, he was a member of the faculty
of Trinity College, School of Law, Dublin, Ireland and has lectured at
various universities and institutions in Europe and in the USA.
Joana Mendes is currently a PhD candidate at the European University
Institute, Florence, where she is developing her research on ‘Rights of
participation in European administrative law’. She is also a lecturer in the
Environmental Research Centre of the Law School of the University of
Coimbra (CEDOUA).
Hanns Peter Nehl has worked as a legal secretary in the Chambers
of Austrian Judge Josef Azizi at the Court of First Instance of the
European Communities since 2004. Previously, he worked in the
Directorate-General for Competition of the European Commission
as well as in the Brussels offi ce of former German law fi rm Gaedertz
Rechtsanwälte. He obtained his doctoral degree in 2001 at the University
of Hamburg. He is also an alumnus of the European University Institute
in Florence (LL.M. 1996–7) as well as of the Université d’Aix-Marseille
III (D.E.A. de droit communautaire 1991–2). His main fi elds of interest
are EC competition law and European constitutional and administrative
law in general. His main publications include Principles of Administrative
Procedure in EC Law, Oxford (Hart Publishing), 1999 and Europäisches
Verwaltungsverfahren und Gemeinschaftsverfassung, Berlin (Duncker &
Humblot), 2002.
Christine Neuhold is Associate Professor of European Governance
within the Department of Political Science and Director of the Bachelor
Programme of European Studies of the University of Maastricht. She has
studied political science at the University of Vienna and has previously
worked at the European Institute of Public Administration in Maastricht
Contributors ix
and at the Institute for Advanced Studies in Vienna. Her research interests
include the role of committees within the system of multi-level governance
and the controlling powers of national parliaments within the system of
multi-level governance.
Gerard C. Rowe is Professor of Public, Administrative, Environmental
and Local Government Law, Comparative Law and Economic Analysis
of Law at the Europa-Universität Viadrina Frankfurt (Oder) (Germany).
Manuel Szapiro is Professor at the College of Europe in Bruges and
Maîtres de Conférences/Director of Studies at the Institut d’Etudes
Politiques de Paris (Sciences Po). He is former Deputy Head of the Unit
for Institutional Aff airs in the European Commission Secretariat-General.
His main research interests are the European Commission, comitology,
expert groups, EU agencies, international negotiations, EU administra-
tion and policy-making.
Alexander H. Türk is Senior Lecturer in Law at King’s College London.
He is Director of the LLM Programme of the School of Law and Director
of the Postgraduate Diploma in EU Law by Distance Learning. He is also
visiting lecturer for the London Law Consortium and General Editor of
EU Tracker. His research interests cover European constitutional and
administrative law, in particular comitology, as well as comparative con-
stitutional and administrative law.