Europeanisation of Administrative Proceedings Law – Opportunities and Risks

Abstract

Th e article presents a number of opportunities and risks to the Europeanisation of administrative proceedings law. Th is process may in particular lead to: the development of a system of institutions of administrative proceedings law in European terms, the more eff ective implementation of substantive law rules determined by EU law, the improvement of complex proceedings based on the cooperation of national administration authorities and EU institutions, the modernisation of national institutions of administrative proceedings law under the infl uence of European models and the strengthening of the standards of the protection of individual rights in administrative proceedings. However, at the same time it is open to a number of challenges, which may be perceived as risks to Europeanisation. Th ese include, inter alia, the atomisation and disintegration of administrative procedure from the perspective of national legal systems, adoption by the EU legislator of procedural solutions incompliant with national models of administrative procedure, diffi culties with the appropriate implementation of EU acts determining procedural solutions into national law, the appropriate co-application of national and EU procedural rules by administration authorities, and the diversifi cation of the standards of protection for individuals in various cases. Additionally, the measures used to partially eliminate the risks of Europeanisation in the area of administrative proceedings law and increase the chances off ered by this process for the development of administrative law and improving the standards for the protection of individual rights have also been pointed out.

The Administrative State in Poland Before and After the European Union Accession

“…In other words, administrative law is a major instrument of the rule of law and Europeanization. One should notice here that the process of Europeanization concerns both the content of each fundamental branch of administrative law: substantive (or sector specific) administrative law (Lipowicz, 2017), procedural administrative law (Wilbrandt-Gotowicz, 2018;De Ambrosis Vigna & Kijowski, 2018), and organizational (systemic) administrative law 45 , and the application of their rules and provisions. 46 One final remark regards the changes in organizational administrative law, which mean changes in administrative structures that breed the common administrative European space (system) (Bauer & Trondal, 2015;Trondal Dąbek, D. & Supernat, J.…”

Europeanisation of Administrative Proceedings Law – Opportunities and Risks

“…Th e level of their complexity, the group of entities participating in the handling of the case, the manner of (decisionmaking and executive) power division between national and EU administration authorities or the legal position of the remaining entities to the proceedings are diff erent. 20 Th is triggers particular diffi culties with regard to the application of administrative procedural rules. Th erefore, Europeanisation of this area is important for the development of legal mechanisms facilitating the effi cient and eff ective conduct of complex proceedings.…”

“…It may take a simple (direct application of national rules in the scope not regulated in national law) or complex (reconstruction of multicentric rules of EU and national law) form. 28 With regard to the proceedings, in which decisions are issued by EU administration authorities (centralised proceedings), strengthening of the standards of protection of individual rights may be a consequence of adopting appropriate regulations in sectoral acts (alternatively de lege ferenda for the establishment of model rules on EU administrative procedure).…”