By Eva Nieto-Garrido
With the Treaty setting up a structure for Europe being the most element of reference, this ebook offers an built-in method of common questions of eu administrative legislation and provides a few attainable ideas to the issues which it poses. below the Treaty, normal questions of administrative legislation aren't any longer addressed in basic terms in a fragmented or incidental means, yet as a self-discipline that governs the workout of sovereign powers through a supranational entity. This demands an in depth exam of the fields which contain eu administrative legislation. The ebook accordingly examines in a few aspect the main parts of rulemaking powers and normative tools, the consequences of the constitution of primary Rights for ecu and nationwide administrations, administrative process, and judicial safety in the ecu Union.
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Extra resources for European Administrative Law in the Constitutional Treaty (Modern Studies in European Law)
To understand the three levels of norms introduced by the Constitutional Treaty, the following sections will explain their nature, scope and adoption procedure. 1. Legislative Level: European Law and Framework Law The European law has taken the concept of primary law from the Member States. 58 The concept of European law is the same as the concept of regulation of Article 249 EC but specifies its legislative nature. 53 Ibid, 9. Ibid. 55 European law or framework law. 56 Art I-33(1)(4) of the Constitutional Treaty reads: ‘A European regulation shall be a non-legislative act of general application for the implementation of legislative acts and of certain provisions of the Constitution.
1. Origin of the Right to Good Administration in Community Law As happens with other rules of European administrative law, which have their origin in the Community Courts’ case law,18 the procedural rules included under the umbrella of good administration, such as the right to be heard before an administrative decision is taken which affects an interest, access to the relevant file, and the obligation on the Community administration to give reasons for decisions, are common to the legal traditions of Member States.
In Craig’s opinion it would be more apt to use implementing acts to implement European framework laws, which would be the equivalent of the current Community directives. However, in this case, the adoption of uniform implementing measures by the Commission would contravene the character of European framework laws, that is, the discretion granted to the Member States to choose the measures to adopt with the aim of achieving the objectives specified in the legal norm. These arguments, opposing the passing of implementing acts of the Commission for the establishment of uniform conditions for the implementation of European Laws and of European framework laws, have been used by Craig to question the utility of these legal instruments when the issue at hand deals with the implementation of European regulations described by Art I33(1)(4) Constitutional Treaty.
European Administrative Law in the Constitutional Treaty (Modern Studies in European Law) by Eva Nieto-Garrido