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See detailThe Metamorphosis of the European Economic Constitution
Hofmann, Herwig UL; Pantazatou, Aikaterini UL; Zaccaroni, Giovanni

Book published by Elgar Publishing - 1st (in press)

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See detailAdministrative Law and Policy of the European Union
Hofmann, Herwig UL; Rowe, Gerard; Türk, Alexander

Book published by Oxford University Pressq - 2nd edition (in press)

The European Union is a union under the rule of law and accordingly all exercise of public authority needs to conform with the principle of legality. The legal framework of the EU is, however, as much as ... [more ▼]

The European Union is a union under the rule of law and accordingly all exercise of public authority needs to conform with the principle of legality. The legal framework of the EU is, however, as much as that of any state or international organization, subject to change over time. That part of this legal framework specifically governing EU administration has been particularly dynamic. The central reason for this dynamism is to be found in the evolving nature of European integration, and in the changing requirements and conditions for implementing EU policies. The legal framework of administration has been both the subject of, and a response to, change in the ambient political and institutional environment. The EU, having started as an organization of six Member States focused on economic integration, has evolved into a Union of twenty-seven Member States now touching almost all elements of the exercise of public power in a modern society. The evolutionary development of the constitutional basis of EU law, with its many phases of Treaty reforms and change induced by case-law, finds its parallel in EU administrative law. European administrative law has in this process grown, changed, and indeed matured over time, and has emerged as an important, yet sometimes not well understood, factor which materially shapes policy in the EU and its achievement in reality. The rise of the importance of EU administrative law is itself attributable both to the specificities of European integration and to the general increase in the importance of administrative regulation in the past decades. On the one hand, the protection of the society against risks associated with private activity such as banking, food production, energy production and distribution, transport, or activities threatening to the environment, to name just a few, and the achievement of a balance between their benefits and dangers have become increasingly important subjects of attention. On the other hand, the provision of services and infrastructure necessary to ensure and protect basic standards of living such as pensions, health care, access to water, energy supply and telecommunications services have been the subject of mixed regimes, often still having a strong public service element, but increasingly left to private provision subject to various levels of market regulation. Both kinds of motivation for regulatory measures and their implementation by appropriate authorities have added to, and substantially changed, the broad character of public administration in Europe in recent decades. Such changes have occurred not just on a national, that is, Member State level, but also, pre-eminently, on the level of the European Community and now Union. Indeed, many of the changes have themselves been triggered on the European level as integral or at least adjuvant elements of the establishment of the European internal market. The role, then, of administrative law and administrative activity on the European level is extensive and important. Rules and principles governing the exercise of administrative functions, the organization of the institutions and bodies exercising these functions, and applicable procedures are the essence of EU administrative law. These are the subject of this book. There are, it must be observed, many perspectives from which one can view, analyse and comprehend both administration and administrative law. Three models or perspectives appear to us to be particularly helpful: administration and administrative law may be usefully considered from functional, organizational, and procedural standpoints. The functional aspect of administration refers to the totality of the tasks of administration, no matter who undertakes them and how they are carried out. The organizational perspective emphasises the organization and structure of the institutions, bodies, and actors engaged in undertaking such tasks. Finally, a procedural understanding of administration observes the processes which link the various actors and authorities in the performance of administrative functions. None of these models standing alone provides a fully rounded understanding or conceptualisation of the subject matter of the book. A proper analysis of EU administrative law cannot view it from only one of these perspectives. Taken together, however, these three standpoints do offer a comprehensive perception, giving the subject a more multi-dimensional shape, and thus allowing a more tractable presentation of what is very complex material. For this reason, we offer a discussion of each of these three perspectives — the functional, organizational, and procedural aspects of European Union administration and the associated legal framework — by way of introduction. The three models are, of course, closely interlinked and in reality scarcely separable but, for analytical and presentational clarity, they are here addressed separately. [less ▲]

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See detailThe Right to an Effective Remedy and to a Fair Trial - Article 47 of the Charter and the Member States
Hofmann, Herwig UL

in Peers, Steve; Harvey, Tamara; Ward, Angela (Eds.) The Charter of Fundamental Rights of the European Union (2019)

The following analysis of the right to an effective remedy with respect to the Member States analyses the right to effective remedies in its constitutional context (a), before turning to the concept of ... [more ▼]

The following analysis of the right to an effective remedy with respect to the Member States analyses the right to effective remedies in its constitutional context (a), before turning to the concept of the rights and freedoms under Union law as the ‘ius’ protected by the right to an effective remedy enshrining the latin maxime of ubi ius, ibi remedium into EU law (b). The commentary then turns to the questions of the diverse dimensions of the scope of protection offered under the right to an effective judicial remedy (c), as well as the possible limitations of the right (d). The chapter ends by evoking some open questions and requirements for future developments (f). [less ▲]

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See detailMöglichkeiten und Grenzen der Einrichtung von Unionsagenturen von Andreas Orator
Hofmann, Herwig UL

in Die Verwaltung (2018), 51

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See detailA Conceptual Understanding of EU Sectoral Administrative Law
Hofmann, Herwig UL

in Hofmann, Herwig (Ed.) Specialised Administrative law of the European Union (2018)

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a ... [more ▼]

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a supranational structure and system, such as that of the Union? Secondly, what exactly might we understand by ‘sectoral’ or ‘specialized’ administrative law, again especially in the context of the EU? Thirdly, just what is the difference between European Union law as such, and its administrative law. These distinctions, and the definitions attempted, are not addressed here just as scholarly abstractions. We take the view that understanding them and differentiating between these terms will make clear from the outset what this book attempts to cover, especially with respect to the concepts of both general EU administrative law and specialized EU administrative law employed here (which may or may not be similar to conceptualizations found in national contexts where these terms are employed). [less ▲]

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See detailEU Sectoral Administrative Law - Synthesis and Assessment
Hofmann, Herwig UL

in Hofmann, Herwig (Ed.) Specialised Administrative law of the European Union (2018)

and structures of administrative law applicable within various, specific areas of European Union policies. Its intention is to allow insight into the administrative implementation of Union policies in ... [more ▼]

and structures of administrative law applicable within various, specific areas of European Union policies. Its intention is to allow insight into the administrative implementation of Union policies in parallel with one another, reviewing and reflecting on both the differences and commonalities of approach in the varied policy sectors. The administrative differences between sectors may, in fact, lie simply in the policy-specific search for answers to problems already solved in another context, be the consequence of pure ‘path dependency’, or reflect a carefully designed approach which takes into account existing general legal principles, but does so in applying them to a discrete policy field. The starting assumption of this work was that some elements of Union administrative law are applicable cross-sectorally, but much is particular to individual policy settings. In fact, only relatively little existing EU law of a cross-sectoral kind can serve as an ― even nascent ― body of coherent, general Union administrative law. Most of the law applicable to the practical implementation of EU policy and its legal embodiment ― broadly, the administrative law of the Union ― has arisen in policy-specific settings. Perhaps the most widely applicable basis of administrative structure, organisation, procedure, information management, and supervision is the Comitology Regulation 182/2011, applied to administrative rule-making by the Commission for implementing acts under Article 291 TFEU. However, even a regulation such as this, and its actual application, covers only a small part of overall administrative activity. Comparable examples of relatively widely applicable administrative-legislation relate to access to information, data protection, and financial management, and certain others as well. Even taking all such instruments and frameworks together, though, can account for only a small proportion of the totality of administrative law measures relating to implementation across the whole gamut of Union policy [less ▲]

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See detailMonetary Policy and the Euro Area Governance in the EMU
Hofmann, Herwig UL

in Hofmann, Herwig (Ed.) Specialised Administrative law of the European Union (2018)

whose currency is the euro’ (EMU, Article 3(4) TEU). The EMU’s two polices – the economic union and the monetary union - are an unequal set of twins. On one hand, the monetary union’s central elements are ... [more ▼]

whose currency is the euro’ (EMU, Article 3(4) TEU). The EMU’s two polices – the economic union and the monetary union - are an unequal set of twins. On one hand, the monetary union’s central elements are well-developed: as an element of substance, the introduction of the euro as a single currency; as an institutional achievement, the creation of the European System of Central Banks (ESCB) together with the European Central Bank (ECB) on the EU level as a highly independent body having the power to adopt a diverse range of measures. Additionally, the Treaties contain specific provisions on the goals and principles of monetary policy. [less ▲]

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See detailThe Interdependencies between Delegation, Discretion and the Duty of Care
Hofmann, Herwig UL

in Mendes, Joana (Ed.) Discretion in EU Law (2018)

This chapter looks at the development of a set of interlocking legal principles to hold the delegation of discretionary powers to account: notably the duty of care and the principle of proportionality ... [more ▼]

This chapter looks at the development of a set of interlocking legal principles to hold the delegation of discretionary powers to account: notably the duty of care and the principle of proportionality. The relation between the concepts of delegation, discretion, care and proportionality are are not always very clearly established in EU law. Therefore, this chapter seeks to undertake a ‘reconnaissance mission’ and trying to explain which principles of review are developing and why. This chapter then seeks to link the developments in an attempt to obtain a clearer view of the overall picture of ensuring effective yet accountable executive decision making in the EU. [less ▲]

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See detailSpecialized Administrative Law of the European Union
Hofmann, Herwig UL; Rowe, Gerard; Türk, Alexander

Book published by Oxford University Pressq - 1st (2018)

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See detailIndividual Rights and Information in EU Public Law
Hofmann, Herwig UL

in Lind, Anna Sarah; Österdal, Inger; Reichel, Jane (Eds.) Transparency in the future - Swedish openness 250 years (2017)

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See detailEuropean regulatory union? The role of agencies and standards
Hofmann, Herwig UL

in Koutrakos, Panos; Snell, Jukka (Eds.) Research Handbook in Internal Market Law (2017)

Detailed reference viewed: 195 (4 UL)
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See detailThe European Administrative Space - Some Considerations for the Consequences for Public Law in Europe
Hofmann, Herwig UL

in Koprić, Ivan; Kovač (Eds.) European Administrative Space: Spreading Standards, Building Capacities (2017)

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See detailThe Developing Role of the European Ombudsman
Hofmann, Herwig UL

in Hofmann, Herwig; Ziller, Jacques (Eds.) Accountability in the EU - The Role of the European Ombudsman (2017)

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter ... [more ▼]

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter takes a detailed look at, inter alia, EU ‘constitutional’ law, the Ombudsman’s existing procedures, the concept of ‘maladministration’ as expressed in the Ombudsman’s mandate, and the consequences of an Ombudsman finding of maladministration. On this basis the chapter discusses future possibilities for developing ombuds review in the European Union (EU) as well as Ombudsman O’Reilly’s stated ambition to increase the visibility of the Ombudsman and the impact of ombuds review in the context of more high-profile, and often ‘political’, investigations. [less ▲]

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See detailGeneral Principles of EU Law and EU Administrative Law
Hofmann, Herwig UL

in Peers, Steve; Barnard, Catherine (Eds.) European Union Law (2017)

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. The basic ... [more ▼]

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. The basic themes of this chapter are, first, the steps which take place after legislation has been passed: who does what and by which means to make sure that political decisions made in a legislative act do not only remain ‘law on the books’? The second theme is which rights exist in that context? How can they be protected? In other words, this chapter deals not only with the sub-legislative setting of rules and making of decisions, it also asks which principles and rules exist to ensure the legality and legitimacy of administrative action implementing EU law. [less ▲]

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See detailLa transformation de la constitution économique européenne
Hofmann, Herwig UL; Pantazatou, Aikaterini UL

in Auby, Jean - Bernard; Idoux, Pascale (Eds.) Le Gouvernement économique européen (2017)

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See detailIdentifying individual rights in EU law
Hofmann, Herwig UL; Warin, Catherine UL

E-print/Working paper (2017)

Detailed reference viewed: 149 (10 UL)
See detailAccountability in the EU – The Role of the European Ombudsman
Hofmann, Herwig UL; Ziller, Jacques

Book published by Elgar - 1 (2017)

Detailed reference viewed: 41 (0 UL)
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See detailReNEUAL Model Rules on EU Administrative Procedure
Hofmann, Herwig UL; Craig, Paul; Schneider, Jens-Peter et al

Book published by OUP (2017)

Detailed reference viewed: 91 (3 UL)
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See detailComparative Perspectives on Administrative Procedure
Hofmann, Herwig UL; Weaver, Russel; Huang, Cheng-Yi et al

Book published by Carolina Academic Press (2017)

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See detailCurrent Debates in European Administrative Law – Background and Perspectives
Hofmann, Herwig UL

in Auby, Jean-Bernard; Perroud, Thomas (Eds.) Droit compare de la procedure administrative (2016)

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