The transformation of the European Economic Constitution

in Hofmann, Herwig; Pantazatou, Aikaterini; Zaccaroni, Giovanni (Eds.) The Metamorphosis of the European Economic Constitution (2019)

The Interdependencies between Delegation, Discretion and the Duty of Care

in Mendes, Joana (Ed.) Discretion in EU Law (2019)

This chapter looks at the development of a set of interlocking legal principles to hold the delegation of discretionary powers to account: notably the duty of care and the principle of proportionality ... [more ▼]

This chapter looks at the development of a set of interlocking legal principles to hold the delegation of discretionary powers to account: notably the duty of care and the principle of proportionality. The relation between the concepts of delegation, discretion, care and proportionality are are not always very clearly established in EU law. Therefore, this chapter seeks to undertake a ‘reconnaissance mission’ and trying to explain which principles of review are developing and why. This chapter then seeks to link the developments in an attempt to obtain a clearer view of the overall picture of ensuring effective yet accountable executive decision making in the EU. [less ▲]

European Public Law of Information, by Information and through Information

in Auby, Jean-Bernard; Chevalier, Ememie (Eds.) Le Future du Droit Administratif, the future of Administrative Law (2019)

The Right to an Effective Remedy and to a Fair Trial - Article 47 of the Charter and the Member States

in Peers, Steve; Harvey, Tamara; Ward, Angela (Eds.) The Charter of Fundamental Rights of the European Union (2019)

The following analysis of the right to an effective remedy with respect to the Member States analyses the right to effective remedies in its constitutional context (a), before turning to the concept of ... [more ▼]

The following analysis of the right to an effective remedy with respect to the Member States analyses the right to effective remedies in its constitutional context (a), before turning to the concept of the rights and freedoms under Union law as the ‘ius’ protected by the right to an effective remedy enshrining the latin maxime of ubi ius, ibi remedium into EU law (b). The commentary then turns to the questions of the diverse dimensions of the scope of protection offered under the right to an effective judicial remedy (c), as well as the possible limitations of the right (d). The chapter ends by evoking some open questions and requirements for future developments (f). [less ▲]

Andreas Orator, Möglichkeiten und Grenzen der Einrichtung von Unionsagenturen

in Common Market Law Review (2019), 56

A Conceptual Understanding of EU Sectoral Administrative Law

in Hofmann, Herwig (Ed.) Specialised Administrative law of the European Union (2018)

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a ... [more ▼]

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a supranational structure and system, such as that of the Union? Secondly, what exactly might we understand by ‘sectoral’ or ‘specialized’ administrative law, again especially in the context of the EU? Thirdly, just what is the difference between European Union law as such, and its administrative law. These distinctions, and the definitions attempted, are not addressed here just as scholarly abstractions. We take the view that understanding them and differentiating between these terms will make clear from the outset what this book attempts to cover, especially with respect to the concepts of both general EU administrative law and specialized EU administrative law employed here (which may or may not be similar to conceptualizations found in national contexts where these terms are employed). [less ▲]

Möglichkeiten und Grenzen der Einrichtung von Unionsagenturen von Andreas Orator

in Die Verwaltung (2018), 51

General Principles of EU Law and EU Administrative Law

in Peers, Steve; Barnard, Catherine (Eds.) European Union Law (2017)

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. The basic ... [more ▼]

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. The basic themes of this chapter are, first, the steps which take place after legislation has been passed: who does what and by which means to make sure that political decisions made in a legislative act do not only remain ‘law on the books’? The second theme is which rights exist in that context? How can they be protected? In other words, this chapter deals not only with the sub-legislative setting of rules and making of decisions, it also asks which principles and rules exist to ensure the legality and legitimacy of administrative action implementing EU law. [less ▲]

Identifying individual rights in EU law

E-print/Working paper (2017)

The Developing Role of the European Ombudsman

in Hofmann, Herwig; Ziller, Jacques (Eds.) Accountability in the EU - The Role of the European Ombudsman (2017)

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter ... [more ▼]

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter takes a detailed look at, inter alia, EU ‘constitutional’ law, the Ombudsman’s existing procedures, the concept of ‘maladministration’ as expressed in the Ombudsman’s mandate, and the consequences of an Ombudsman finding of maladministration. On this basis the chapter discusses future possibilities for developing ombuds review in the European Union (EU) as well as Ombudsman O’Reilly’s stated ambition to increase the visibility of the Ombudsman and the impact of ombuds review in the context of more high-profile, and often ‘political’, investigations. [less ▲]