Administrative law and policy of the European Union / Herwig C.H. Hofmann, Gerard C. Rowe, Alexander H. Türk.

Format:

Book

Author/Creator:

Hofmann, Herwig.

Contributor:

Rowe, Gerard C.

Türk, Alexander.

Language:

English

Subjects (All):

European Union.

Administrative law--European Union countries.

Administrative law.

Administrative procedure--European Union countries.

Administrative procedure.

Physical Description:

lxxxv, 977p.

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, 2011.

Summary:

Providing a comprehensive analysis of the administration of the European Union, this book examines the law and the legal framework within which it operates. Looking at the diverse approaches, techniques, and structures of public administration, it assesses the solutions they offer to political, social, and economic problems.

Contents:

Cover

Contents

Abbreviations

Notes on the Authors

Chronological Table of Cases

Table of Legal Acts

Table of Legal Acts of the European Union

PART I: INTRODUCTION

1. The Idea of European Union Administration-Its Nature and Development

A: The functional understanding of EU administrative law-an historical reconstruction

B: An organizational understanding of EU administrative law

C: A procedural understanding of EU administrative law

D: A concept of functional unity, organizational separation, and procedural cooperation

2. The Aim and Approach of this Book

3. Interdisciplinary Foundations of European Administrative Law

A: Selected aspects of administrative sciences

B: Selected approaches from political science and economics

4. A Typology of Administrative Tasks in the European Union

PART II: THE CONSTITUTIONAL FRAMEWORK OF EUROPEAN UNION ADMINISTRATIVE LAW

5. Sources of European Union Administrative Law

A: Primary law-the Treaties and unwritten sources of law

B: Public international law

C: EU legal acts

D: Member State legal acts

E: Excursus 1: the typology of acts under the former EC/EU

F: Excursus 2: comparative law and analogy as sources of EU administrative law

6. Principles Underlying the Relationship Between the European Union and the Member States

A: The limited attribution of competences and the ultra vires doctrine

B: Subsidiarity

C: The effect of proportionality and the exercise of competences

D: Principle of sincere cooperation

E: The effect of the exercise of the EU competences

7. General Principles Framing European Union Administrative Law

A: Introduction

B: The democracy principle and the rule of law

C: Protection of fundamental rights

D: Legal and institutional transparency

E: Legal certainty and legitimate expectations.

F: Good administration

G: The rights of defence

8. Delegation and the European Union Constitutional Framework

A: The basis and nature of delegation within the EU

B: Delegation of decision-making powers to EU

C: Delegation to EU agencies

D: Delegation to Member States

E: Delegation to private bodies

F: Delegation in financial matters

G: Intra-institutional delegation

PART III: STRUCTURES, PROCEDURES, AND METHODS

9. Organizational Arrangements for European Union Administrative Action

A: Introduction: beyond the dichotomy of direct and indirect administration

B: Comitology

C: Agencies

D: Networks

E: Open Method of Coordination

F: Private actors and EU governance

10. Budget Implementation and Programme Management

A: Administrative reform and the Financial Regulation

B: Centralized management

C: Shared management

11. Administrative Procedures

B: Procedures in direct administration

C: Comitology

D: Composite decision-making procedures

12. Information and Administration

B: The sourcing of information

C: Management and use of information

D: Individual rights and information

13. Rules and Principles Governing the Substance of Administrative Decision-Making

A: Administrative decision-making by EU institutions and bodies

B: Member State decision-making in the implementation of EU law

PART IV: FORM AND EFFECT OF ADMINISTRATIVE ACTS-ABSTRACT-GENERAL MEASURES

14. Agenda Setting, Preparatory Acts, Planning, and Framework Measures

B: Commission agenda setting and preparatory measures for legislation

C: Framework measures, programmes, action plans for policy implementation

15. Subordinate Legislation

B: Types of subordinate legislation

C: Entry into force and validity.

16. Administrative Rules

B: Terminology

C: The function of administrative rules

D: Unilateral administrative rules

E: Negotiated administrative rule-making

17. Rule-Making by Private Parties

B: Co-regulation

C: Self-regulation

PART V: FORM AND EFFECT OF ADMINISTRATIVE ACTS-SINGLE-CASE MEASURES

18. Decisions in Individual Cases

B: The decision as a category of act

C: Member State decisions for implementation of EU law

19. Administrative Agreements

A: Types of agreements

B: Single-case agreements for implementation by the EU

C: Single-case agreements for implementation by the Member States

D: General considerations on single-case agreements in EU administrative law

20. Factual Conduct by the Administration in Individual Cases

B: Categories of factual conduct

C: Criteria of legality and consequences of illegality

PART VI: ENFORCEMENT AND SUPERVISION OF ADMINISTRATIVE ACTION

21. Purposes and Functions of Supervision and Enforcement

A: Background reflections

B: General methodological issues

22. Enforcement

B: Enforcement of EU acts by Member States, EU institutions, and private parties

C: Enforcement of EU acts by private parties

D: Enforcement of Member States' acts in the 'sphere of European law'

23. Administrative Supervision

B: Specific elements of administrative supervision in the European Union

C: Methodological concerns

D: Administrative supervision within the EU administration

E: Union administrative supervision of Member State administration

F: Conclusion

24. Political Supervision

B: Political supervision in inter-institutional relations of the EU

C: Political supervision within the multi-level system.

D: Conclusion

25. Judicial Supervision

B: Action for annulment

C: Action for failure to act

D: Incidental review

E: Non-contractual liability for damages

F: Interim relief

G: Conclusion

PART VII: CONCLUSION

26. The Present and Future Condition of European Union Administrative Law

B: Major observable characteristics of EU administrative law

C: Challenges-an administrative perspective

D: Challenges-a constitutional perspective

E: Joining the narratives-challenges arising from a system of integrated executives

F: Responding to existing and impending challenges

Appendix

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-102155-5

0-19-173089-0

OCLC:

1119624987