Book II - Administrative Rulemaking

Report (2014)

Book II aims to fill a gap in the existing legal system of the EU. It links the provisions, general principles of law and values arising from primary law with the procedure for adoption of non-legislative ... [more ▼]

Book II aims to fill a gap in the existing legal system of the EU. It links the provisions, general principles of law and values arising from primary law with the procedure for adoption of non-legislative acts of general application. Progressively over the past decades, a set of constitutional values emerged as general principles of law both in the case law of the CJ and in (incremental) Treaty amendments. Such principles have until now mainly shaped the EU’s institutional structures and decision-making procedures with regard to the EU’s formalised legislative procedure. Rule-making outside of legislative procedures, the subject matter of this book, has arguably been much less influenced by these constitutional principles. The implementation of such principles is, in any event, scattered across single provisions in some but not all policy areas. The provisions of this book are designed to ensure their systematic infusion into non-legislative rule-making more generally [less ▲]

Constitutionalising EU Executive Rule-Making Procedures: A Research Agenda

in European Law Journal (2013), 19(1), 1-21

The existence or non-existence of procedural rules for executive rule-making in the EU is not merely a ‘technical’ question free of constitutional value choices. This article argues that constitutional ... [more ▼]

The existence or non-existence of procedural rules for executive rule-making in the EU is not merely a ‘technical’ question free of constitutional value choices. This article argues that constitutional principles such as transparency, openness and participatory democracy highlighted by the Treaty of Lisbon constitute decisive guidelines for the design of administrative procedures in the EU as they can have a considerable impact on substantive outcomes. We apply such principles with regard to non-legislative rule making procedures in the EU, highlight the salience of this discussion and argue that some systematization of non-legislative rule making procedures is needed in order to implement constitutional principles in a complex and plural environment. [less ▲]

Citizens and EU Administration: Direct and Indirect Links

Report (2011)

This briefing note focuses on the legal and non-legal avenues by which transparency and participation have been ensured in EU law and practice. Transparency and participation have produced the main recent ... [more ▼]

This briefing note focuses on the legal and non-legal avenues by which transparency and participation have been ensured in EU law and practice. Transparency and participation have produced the main recent changes in the way the EU administration relates to its citizens. We provide an overview of the current law and practice and their strengths and weaknesses post-Lisbon. In addition, reference is made to the European Ombudsman and the right to petition the European Parliament. [less ▲]