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See detailLa France, censeur mondial de la recherche universitaire?
Hofmann, Herwig UL; Cuniberti, Gilles UL

Article for general public (2010)

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See detailRadio-interview
Hofmann, Herwig UL

Speeches/Talks (2010)

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See detailAgency Design in the European Union
Hofmann, Herwig UL

in Windsor Yearbook of Access to Justice (The) (2010), 28

This article gives a brief overview of the main features, functions and future perspectives of agencies in the European Union [EU]. It highlights the specific notion of the EU’s highly integrated, multi ... [more ▼]

This article gives a brief overview of the main features, functions and future perspectives of agencies in the European Union [EU]. It highlights the specific notion of the EU’s highly integrated, multi-level legal system as an explanatory factor for the specificities of agency design. The article looks at agencies in the EU through the lens of the structural and procedural arrangements for their independence and their accountability. The article comes to the conclusion that, generally speaking, accountability and independence are defined by and adapted to the position of an agency within the structure of administrative networks implementing EU law and policy. Their raison d’être is usually to coordinate Member State implementing activities rather than taking on these responsibilities themselves. [less ▲]

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See detailConflicts and Integration - Revisiting Costa v ENEL and Simmental II
Hofmann, Herwig UL

in Azoulai, Loïc; Maduro, Miguel (Eds.) The Past and Future of EU Law; The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty (2010)

This short chapter revisits the cases Costa v ENEL and Simmenthal II and their effect on the development of the specific nature and the constitutional order of the EU. Costa v ENEL and Simmenthal II are ... [more ▼]

This short chapter revisits the cases Costa v ENEL and Simmenthal II and their effect on the development of the specific nature and the constitutional order of the EU. Costa v ENEL and Simmenthal II are cases well known for their impact on defining the legal parameters which govern the legal system of the EU/EC. These cases are true classics in the history of case law of the ECJ and thus have been discussed to great detail in legal writing. I will not attempt within this chapter to do justice to the nuances and the ongoing debates in this literature. Instead, this chapter will focus on a more rarely addressed but nonetheless central aspect of the cases: It will argue that the specific contribution of Costa v ENEL and Simmenthal II to the development and definition of the Community legal system, arises from a fruitful and productive tension. This tension results from a dichotomy between, on one hand, a rule of conflicts, and, on the other, the notion of the integration of legal systems. Initially, the principle of supremacy, as outlined in these cases, seems to be establishing a hierarchy of norms between EC and national law. It introduces a conflicts rule giving precedence to Community law over national legal provisions in cases of conflict. The cases however equally establish the notion of integration, which, according to Costa v ENEL and Simmenthal II, is based on the E(E)C Treaty having ‘created its own legal system’ which upon entry into force ‘became an integral part of the legal systems of the Member States’ and is ‘applicable in the territory of each of the Member States.’ The establishment of the principle of supremacy therefore has not led simply to the superimposition of a new level of public power over that of the Member States. The ECJ’s approach in its case law from Costa v ENEL to Simmenthal II led to a unique system of shared sovereignty, in which hierarchic relations are only elements within a wider structure of jointly exercising public powers. The chapter is committed to exploring this unique method of sharing sovereignty within the tension between conflicts and integration. [less ▲]

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See detailComposite Procedures in the EU Administrative LAW
Hofmann, Herwig UL

in Hofmann, Herwig; Turk, Alexander (Eds.) Legal Challenges in EU Administrative Law: The Move to an Integrated Administration (2009)

Administrative procedures in the sphere of EU law are increasingly integrated. In many cases, both Member State authorities as well as EU institutions and bodies contribute to a single procedure ... [more ▼]

Administrative procedures in the sphere of EU law are increasingly integrated. In many cases, both Member State authorities as well as EU institutions and bodies contribute to a single procedure, irrespective of whether the final decision is taken on the national or the European level. Such procedures are referred to here as composite procedures. This chapter is about the legal problems resulting from such procedural administrative integration. [less ▲]

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See detailLegal Challenges in EU Administrative Law by the Move to an Integrated Administration
Hofmann, Herwig UL

in Hofmann, Herwig; Türk, Alexander (Eds.) Legal Challenges in EU Administrative Law: The Move to an Integrated Administration (2009)

The contributions to this book have discussed various legal aspects of the phenomenon of integrated administration in the EU and have contributed to developing a better understanding of the legal ... [more ▼]

The contributions to this book have discussed various legal aspects of the phenomenon of integrated administration in the EU and have contributed to developing a better understanding of the legal framework thereof. This has not been a simple task, not least because the founding treaties had not provided for a legal framework for this administrative integration. It was due to the evolutionary and diversified development of forms of integrated administration, that many new and unforeseen legal problems have arisen. They are often the result of forms of non-hierarchic, network-like structures and procedures of administrative cooperation in the EU. Across policy areas a general tendency can be observed of integrating a multitude of administrative actors from different jurisdictions in joint procedures. This often results in a mix of legal systems’ rules being applicable to a single administrative procedure. [less ▲]

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See detailDecision-Making in EU Administrative Law – The Problem of Composite Procedures
Hofmann, Herwig UL

in Administrative Law Review (2009), 61

This article addresses legal issues arising from the fast-paced evolutionary development in the EU towards a highly integrated legal system without a real central administrative body. Implementation of EU ... [more ▼]

This article addresses legal issues arising from the fast-paced evolutionary development in the EU towards a highly integrated legal system without a real central administrative body. Implementation of EU policies is increasingly undertaken by networks of administrations from different Member States with input from European institutions and bodies. Such integration of European-level and Member State administrative structures and procedures has led to what this article describes as ‘composite procedures.’ Problems arising from composite procedures are thus simultaneously well known to federal systems like the US, whilst at the same time raising questions very different from traditional federal legal orders. The article presents the problematique of composite procedures and suggests various approaches to solve the difficulties arising there from within the EU legal order. [less ▲]

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See detailDecision-Making in EU Administrative Law - The Problem of Composite Procedures
Hofmann, Herwig UL

in Administrative Law Review (2009), (61),

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See detailSeven Challenges for EU Administrative Law
Hofmann, Herwig UL

in Review of European Administrative Law (2009)

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the ... [more ▼]

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the past 50 years linking various levels of government and administration in the Member States and the EU to administrative networks which are active also on the international scene. In this context, European administrative law has grown and evolved and has become an important, yet often not very fully understood, factor shaping the reality of policy implementation in the EU. [less ▲]

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See detailLegislation, Delegation and Implementation under the Treaty of Lisbon: Typology Meets Reality
Hofmann, Herwig UL

in European Law Journal (2009), 15

The Treaty of Lisbon has introduced a complex new typology of acts, distinguishing between legislative, delegated and implementing acts. This reform, the first since the Treaty of Rome, will have an ... [more ▼]

The Treaty of Lisbon has introduced a complex new typology of acts, distinguishing between legislative, delegated and implementing acts. This reform, the first since the Treaty of Rome, will have an impact on some of the most contested topics of EU law, touching several central questions of constitutional nature. This article critically analyses which potential effects and consequences the reform will have. It looks inter alia at the aspects of the shifting relation be-tween EU institutions, the distribution of powers between the EU and its Member States as well as the future of rule-making and implementation structures such as comitology and agencies. [less ▲]

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See detailEnforcement of EU law and national criminal law – Legal Problems in Composite Procedures
Hofmann, Herwig UL

E-print/Working paper (2009)

The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing ... [more ▼]

The growing inter-relatedness between EC and EU law with national criminal law can be well illustrated with the example of enforcement of EU law. Criminal law is one of the latest examples of increasing European integration within the perimeters of explicit competences of EU/EC law which additionally is driven ahead by what functionalist theories of European integration might refer to as a spill-over of approaches. Necessities of crossborder crime and criminal enforcement make cooperation necessary. The latter takes place to a certain degree on the basis of positive law established on the basis of the Treaties. It also takes place in the context of evolutionary development of what one might refer to as ‘administrative networks.’ [less ▲]

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See detailConstitutionalising Networks in EU Public Law
Hofmann, Herwig UL

E-print/Working paper (2009)

This paper has as objective to review some consequences of understanding EU law as the law of an integrated legal order. It does so in order to foster an understanding of EU public law beyond the ... [more ▼]

This paper has as objective to review some consequences of understanding EU law as the law of an integrated legal order. It does so in order to foster an understanding of EU public law beyond the traditional concepts of the EU as a quasi federal system or merely a refined international organization, a constitutional or an administrative legal order. This paper’s objective is to initiate some reflection on what might be a step beyond imagining EU public law from traditional perspectives. It is a piece of work in progress, a contribution to on ongoing debate and reflection. [less ▲]

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See detailLegal Challenges in EU Administrative Law: Towards an Integrated Administration
Hofmann, Herwig UL

Book published by Elgar - 1st (2009)

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See detailConstitutionalising Networks in EU Public Law
Hofmann, Herwig UL

in Piontek, Eugeniusz; Karasizwicz, Karazyna (Eds.) Quo Vadis Europo III? (2009)

This paper has as objective to review some consequences of understanding EU law as the law of an integrated legal order. It does so in order to foster an understanding of EU public law beyond the ... [more ▼]

This paper has as objective to review some consequences of understanding EU law as the law of an integrated legal order. It does so in order to foster an understanding of EU public law beyond the traditional concepts of the EU as a quasi federal system or merely a refined international organization, a constitutional or an administrative legal order. This paper’s objective is to initiate some reflection on what might be a step beyond imagining EU public law from traditional perspectives. It is a piece of work in progress, a contribution to on ongoing debate and reflection. [less ▲]

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See detailKonstytucjonalizacja sieci w prawie publicznym UE
Hofmann, Herwig UL

in Piontek, E.; Karasiewicz, K. (Eds.) Quo Vadis Europo ? (2009)

Detailed reference viewed: 67 (1 UL)
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See detailSeven Challenges for EU Administrative Law
Hofmann, Herwig UL

E-print/Working paper (2009)

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the ... [more ▼]

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the past 50 years linking various levels of government and administration in the Member States and the EU to administrative networks which are active also on the international scene. In this context, European administrative law has grown and evolved and has become an important, yet often not very fully understood, factor shaping the reality of policy implementation in the EU. [less ▲]

Detailed reference viewed: 105 (1 UL)
See detailLegal challenges in EU administrative law Administrative Law and Policy in the European Union
Hofmann, Herwig UL; Rowe, Gerard C.; Türk, Alexander

Book published by Cheltenham, UK ; Northampton, MA : Edward Elgar, ©2009. (2009)

Detailed reference viewed: 48 (2 UL)