Acta Universitatis Danubius. Administratio, Vol 8, No 2 (2016)

Towards an Administrative Procedure of the European Union: Issues and Prospects

Mihaela Victorita Carausan

Abstract


This article aims at identifying European administrative law principles by mapping the proposal of the European Parliament and assessing the existing principles in the European Union’s rules and jurisprudence. The first section analyses the difficulties to pass from the well-known sectoral procedures to a common procedural framework. It shows, on the one hand, how fragmented is the administrative EU law, on the other hand, that European Commission tends to support it by derailing the Parliament’s proposal. The second section, is mapping the administrative law principles through an inventory of the Treaties, the Charter, the soft law and the jurisprudence. The last section proposes an assessment of the draft Regulation on the administrative procedure of European Union. The main outcome is that, without the Commission’s involvement the process of making a common administrative procedure for European Union cannot take place.


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