Reference : EU Sectoral Administrative Law - Synthesis and Assessment
Parts of books : Contribution to collective works
Law, criminology & political science : European & international law
Law / European Law
EU Sectoral Administrative Law - Synthesis and Assessment
Hofmann, Herwig mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Specialised Administrative law of the European Union
Hofmann, Herwig mailto
Oxford University Pressq
[en] EU Administrative Law ; European Union
[en] 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

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