Introduction: The Relationships Between Global Administrative Law and EU Administrative Law

Chiti, Edoardo; Mattarella, Bernardo Giorgio

doi:10.1007/978-3-642-20264-3_1

Cited by 2 publications

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“…13 They are characterised by cooperation of both national and supranational administration (or the so-called mixed administration) and at least partial regulation in the European administrative law. 14 It is significant that the inclusion of another jurisdictional body in the decision-making process does not mean that a mixed act is issued, since it is always either an act of a body of a Member State or of the EU. 15 Therefore, "multi-jurisdictional composite procedures are procedures which have led to a final act either adopted by an EU body or a Member State body but with procedural steps leading to that act undertaken by actors within various jurisdictions".…”

Section: The Concept and Legal Nature Of Composite Procedures As Proc...mentioning

confidence: 99%

Judicial Control in Integrated Composite Administrative Proceedings – Monism or Duality of Protection of Individual Rights?

Wilbrandt-Gotowicz

2023

sil

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The article analyses and evaluates legal standards concerning administrative legal remedies in administrative matters dealt with in composite proceedings, i.e. proceedings in which Member State administrative bodies and the EU administration cooperate. The issue of judicial control in such procedures is particularly important from the point of view of the implementation of the principle of effective judicial protection expressed in Article 47 of the Charter of Fundamental Rights. The issue of an adequate system of legal remedies -monistic (based solely on national or EU remedies) or dualistic (assuming coexistence of national and EU remedies in cases of a given type) one -raises particular concerns. Considerations in this respect are based on the doctrinal concept of composite proceedings as a specific group of proceedings integrated into the EU law, as well as the current case law of the Court of Justice of the European Union. The conclusion presents de lege lata and de lege ferenda postulates to ensure effective judicial protection in this type of proceedings.

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Section: The Concept and Legal Nature Of Composite Procedures As Proc...mentioning

confidence: 99%

Judicial Control in Integrated Composite Administrative Proceedings – Monism or Duality of Protection of Individual Rights?

Wilbrandt-Gotowicz

2023

sil

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“…First of all, the interruption of the connection between the territorial area on which public administrations exercise their jurisdiction and the spatial limits within which their actions produce direct effects should be highlighted (Cassese and Conticelli, 2006: 4; Chiti and Mattarella, 2011: 72). States – and within them consumers and businesses – are directly affected by measures taken by foreign public administrations.…”

Section: Transboundary Risks and The Interdependence Between Legal Ordersmentioning

confidence: 99%

“…Furthermore, the Commission constantly and directly controls the fulfilment of member states’ obligations and is provided with effective substitutive powers. In such a way, members states’ authorities are appointed to protect the relevant interests and to pursue the objectives set by the European Union (Chiti, 2011: 125), thus leading to the ‘Europeanization’ of domestic public administrations (Bevilacqua, 2012: 141).…”

Section: Flexibility Of the Institutional Autonomy And The Reacquisition Of A Key Role For National Public Administrationsmentioning

confidence: 99%

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Global risk governance: what role for public administrations: the paradigm of the EU food safety control and alert systems

Iurato

2017

International Review of Administrative Sciences

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This study explores crucial issues arising from the increasing establishment of supranational risk-governance systems that pursue a compromise between the need for effective governance and the necessity to avoid obstacles regarding trade. In these contexts, national public administrations become a peripheral module in a multilevel system where they see their organization altered and the legitimacy of their actions questioned. The analysis uses as a paradigm the systems on food safety controls and rapid alert in the EU and tries to answer the following questions: How do we give public administrations an effective role in the global scene? Are national administrations destined to become mere executors of supranational-set rules? Outcomes show that legal systems whose multilevel integration reached a high level suggest positive implications deriving from a new model of global governance not involving a reduction in state sovereignty, but leading it to a new role, guaranteeing the accomplishment of supranational-set goals and safeguarding the autonomy of national public administrations. Points for practitioners Practitioners, especially those who hold managerial positions, may often find themselves disoriented when acting in a multilevel context because of the shrinking of their autonomy as well as their submission to external rules and controls. Starting from the analysis of the elected paradigm, practitioners could find that in a well-functioning multilevel regulatory system, national public administrations are able to use their remaining range of discretion, even if minimal, in order to realize innovative organizational models, through which they may avoid direct intervention from upper levels and propose themselves as a model to be borrowed and applied in the whole system.

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Introduction: The Relationships Between Global Administrative Law and EU Administrative Law

Cited by 2 publications

References 0 publications

Judicial Control in Integrated Composite Administrative Proceedings – Monism or Duality of Protection of Individual Rights?

Judicial Control in Integrated Composite Administrative Proceedings – Monism or Duality of Protection of Individual Rights?

Global risk governance: what role for public administrations: the paradigm of the EU food safety control and alert systems

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