The Influence of European and Global Administrative Law on National Administrative Acts

Abstract

This essay compares the ways in which the EU and global law influence national administrative decisions. It uses the theory of administrative act, very important for the legal scholarship of many European countries but usually neglected by the global administrative law one, to discuss some legal issues concerning the relations between the law beyond the state and the national one. The scope of the influence of EU and global law is first examined, showing several similarities between them. The techniques of influence are then investigated, distinguishing between the instruments for the EU law supremacy and the diverse global law devices. Finally, some controversial issues are discussed and some conclusions drawn, concerning the concept of administrative act, the rule of law and democracy. Overall, the analysis of the facets and instruments of influence displays relevant differences but also a remarkable convergence between the EU and global law, also testing the ability of traditional legal concepts and theories to adjust to the law beyond the state

Transnational environmental regulation and the normativisation of global environmental governance standards

“…However, the concerns summarised above disregard the fact that significant areas of GAL normative space, such as the procedural and substantive standards associated with human rights values, are already extensively "juridified". Also, once again taking the example of MDBs, it appears that the inexorable trend towards convergence of MDB environmental and social policies, which continue to evolve systematically through regular review processes involving consultation with stakeholders and international civil society and through institutionalised cooperation with the wider MDB community [58], as well as the carefully structured incorporation of accountability mechanisms within the banks' governance structures, does much to address such concerns about legitimacy, normative clarity or Western bias. It must also be remembered that, rather than attempting to provide a comprehensive and coherent unifying theory of global governance arrangements, the GAL concept is merely an observed phenomenon which seeks to explain the growing commonality apparent among the administrative principles and practices which increasingly apply across otherwise disparate areas of governance.…”

“…Therefore, Mattarella suggests that concerns about the democratic accountability and representativeness of global law-making processes should be dependent upon the particular process used in any particular case, and he reminds us of "the extreme diversity in its sources and organizational models", [60] explaining that:…”

“…democratic concerns can be more or less appropriate, according to the subject matter, to the nature and constituency of the legislating bodies, to their rulemaking procedures, to the existence of reviewing bodies and more. In some cases, national governments and interested groups are adequately represented, lawmakers are accountable, procedures are transparent and there is room for review [60].…”

“….] global influence on national administrative acts could be regarded as a beneficial stimulus to democracy" [61].…”