Zdecentralizowane i scentralizowane postępowania administracyjne w Unii Europejskiej

Wilbrandt-Gotowicz, Martyna

doi:10.18778/8142-301-4.28

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In this type of procedures, there is a network dependence of different types of opinions, reports, individual and general administrative acts, and sometimes also mediation and negotiation tools. 10 Therefore, the traditional approach to administrative procedures cannot be continued, as it requires flexibility by taking into account the impact of Europeanisation on procedural models. 11 The complexity of these procedural models also raises questions about the stage of the judicial review of acts and actions undertaken at the EU or national level at which legal remedies should be available.…”

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

View full text Add to dashboard Cite

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.

show abstract

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

View full text Add to dashboard Cite

show abstract

Zdecentralizowane i scentralizowane postępowania administracyjne w Unii Europejskiej

Cited by 1 publication

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?

Contact Info

Product

Resources

About