Download PDF by Eva Nieto-Garrido: European Administrative Law in the Constitutional Treaty

By Eva Nieto-Garrido

ISBN-10: 1841135127

ISBN-13: 9781841135120

ISBN-10: 1847313833

ISBN-13: 9781847313836

With the Treaty setting up a structure for Europe being the most aspect of reference, this publication offers an built-in method of common questions of ecu administrative legislations and gives a few attainable options to the issues which it poses. below the Treaty, basic questions of administrative legislation are not any longer addressed in simple terms in a fragmented or incidental means, yet as a self-discipline that governs the workout of sovereign powers by way of a supranational entity. This demands a close exam of the fields which contain ecu administrative legislations. The booklet hence examines in a few element the major components of rulemaking powers and normative tools, the consequences of the constitution of primary Rights for eu and nationwide administrations, administrative process, and judicial safety in the ecu Union.

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Additional info for European Administrative Law in the Constitutional Treaty (Modern Studies in European Law)

Sample text

48 With respect to the procedure before the Regulatory Committee, the Commission considers it too long and complex. The European Parliament does not like it either. In spite of the European Parliament’s role as co-legislator together with the Council, the European Parliament does not have control over the implementing measures adopted by the Commission through the Regulatory Committee. 50 The goal of making the Union more transparent and bringing it closer to its citizens was incompatible with both very technical legislation, and with a legal system in which implementing measures are adopted by obscure committees and in which there is no clear procedure for adopting basic policy choices.

II. 8 On this occasion, the ECJ recognised the principle of good administration as a principle of Community law in itself and not as a set of procedural rules. Mobil Telekommunikation Service GmbH for an annulment of the Commission’s letter by which the latter refused to institute treaty infringement proceedings against the Republic of Austria. Mobil case it went further, recognising not only the principle of good administration but also the right of individuals to good administration. Mobil, the second GSM operator to appear in Austria and which was later to become T-Mobile Austria.

4 White Paper on European Governance, COM (2001) 428 final [2001] OJ C287/1, 9. 5 Laeken Declaration on the Future of the European Union, 15 December 2001, SN 273/01. (C) Nieto Garrido Ch2 31/8/07 13:12 Page 26 26 2 Implications of a Binding European Charter of Fundamental Rights Community administration—are growing all the time. 7 This chapter analyses the implications of the provisions of a binding Charter on the rights to good administration, access to documents and personal data protection in the individual decisions (administrative acts) made by the European public administration.

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European Administrative Law in the Constitutional Treaty (Modern Studies in European Law) by Eva Nieto-Garrido


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