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See detailEffective Judicial Remedies Before the National Courts
Hofmann, Herwig UL

in Ward, Angela; Peers, Steve; Harvey, Tamara (Eds.) et al The EU Charter of Fundamental Rights (2014)

The following analysis looks at the right to an effective judicial remedy - recognized as a right arising from General Principles of EU law as well as being explicitly listed in Article 47 CFR - in its ... [more ▼]

The following analysis looks at the right to an effective judicial remedy - recognized as a right arising from General Principles of EU law as well as being explicitly listed in Article 47 CFR - in its relation to the principle of effectiveness – a sub-principle of the Member State obligation to sincere cooperation. This brief overview looks at the right’s constitutional context, the scope of protection recognized by it, as well as the possible limitations of the right. The chapter ends by evoking some open questions and requirements for future developments. [less ▲]

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See detailL'Analyse d'impact des réglementations dans le droit de l'Union européenne
Hofmann, Herwig UL

in Delille, Thomas (Ed.) L'Analyse d'impact des réglementations dans le droit de l'Union européenne (2014)

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See detailGeneral Principles of EU law and EU administrative law
Hofmann, Herwig UL

in Barnard, Catherine; Peers, Steve (Eds.) European Union Law (2014)

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. This ... [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. This chapter looks at the steps which take place after legislation has been passed: Who does what and by which means to make sure that value decisions made in a legislative act do not only remain ‘law on the books’? Which rights exist in that context? How can they be protected? With other words, this chapter deals with sub-legislative setting of rules and making of decisions. It asks which principles and rules exist to ensure the legality and legitimacy of such action. [less ▲]

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See detailAdministrative Procedures and the Implementation of EU Law and Policies
Hofmann, Herwig UL

in Law Working Papers, University of Luxembourg 2014/2 (2014), 2014(02), 1-28

Well-designed rules of administrative procedure for implementation of EU law and policies will have beneficial effects both for effectiveness of implementation as well as for the realisation of general ... [more ▼]

Well-designed rules of administrative procedure for implementation of EU law and policies will have beneficial effects both for effectiveness of implementation as well as for the realisation of general principles of EU law: A codification of EU administrative procedure law has the potential improve compliance with the rule of law and the principle of legality in the EU, to enhance legal certainty and further the principles of good administration, to simplify the diversity of procedures and make more transparent rights and obligations of individuals and administrations alike. This will not be without effect on increasing the legitimacy of exercise of public powers in the Union. In order to live up to this potential, EU administrative procedure law needs to overcome its fragmentation. So far, each sector-specific legislation, despite addressing common problems, differs with respect to the formulation of procedural provisions. One of the central challenges for regulating EU administrative procedures is finding solutions for the forms of intense procedural cooperation between national and European administrative actors through ‘composite procedures’ characterised by multi-jurisdictional input into decision-making. The multiplication of composite procedures across the policy fields of the EU, furthering de-central administration of a single legal space under the concept of subsidiarity, currently has the potential of diffusing responsibility and endangering the constitutionally guaranteed right to an effective remedy. The ReNEUAL draft model rules on administrative procedure have been developed and discussed together with lawyers from practice and academia and from all over Europe. They are designed to offer solutions of how to ensure modern, state of the art and tailor-made solutions to the challenges facing implementation of EU law and policies in today’s realities of integrated administration. [less ▲]

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See detailThe Internal Market in a Concetxt of Deepening Integration - Long on Content and Short on Modes of Delivery?
Hofmann, Herwig UL

in Bradley, Kieran; Travers, Noel; Whelan, Anthony (Eds.) Of Courts and Constitutions (2014)

This paper explores the diversifying limits to integration by harmonisation of national law for the ‘establishment and functioning of the internal market’ (Article 114 TFEU) by the adoption of substantive ... [more ▼]

This paper explores the diversifying limits to integration by harmonisation of national law for the ‘establishment and functioning of the internal market’ (Article 114 TFEU) by the adoption of substantive and procedural ‘measures’ under EU law in the past decade and a half – all the way to the CJEU’s ruling regarding ESMA powers in Short Selling. [less ▲]

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See detailZur Rechtsformenwahl des europäischen Gesetzgebers im Lichte des Verhältnismässigkeitsgrundsatzes
Hofmann, Herwig UL

in Zeitschrift für Gesetzgebung (2014)

Zur Rechtsformenwahl des europäischen Gesetzgebers im Lichte des Verhältnismässigkeitsgrundsatzes’

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See detailRights and Remedies in Implementation of EU Policies by Multi-Jurisdictional Networks
Hofmann, Herwig UL; Tidghi, Morgane UL

in European Public Law (2014), 20(1),

De-central implementation of EU policies is increasingly undertaken by administrative networks linking Member States and EU bodies. Such joint implementation procedures are designed primarily to allow for ... [more ▼]

De-central implementation of EU policies is increasingly undertaken by administrative networks linking Member States and EU bodies. Such joint implementation procedures are designed primarily to allow for effective gathering and sharing of information across jurisdictional borders but their procedural design is not without consequences for constitutional values, the protection of rights of individuals and a workable system of remedies. This article identifies such consequences and challenges of network administration for constitutional rights and principles. It then explores some possible approaches for the structural, organisational and procedural design of de-central implementation of EU policies through executive networks. [less ▲]

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See detailReNEUAL model rules on EU administrative procedure
Mendes, Joana UL; Hofmann, Herwig UL; Schneider, Jens-Peter et al

Report (2014)

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See detailTowards a EU-US free trade zone
Hofmann, Herwig UL

Presentation (2013)

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See detailInquisitorial Procedures and General Principles of Law: The Duty of Care in the Case Law of the European Court of Justice
Hofmann, Herwig UL

in Jacobs, Laverne; Bagley, Sasha (Eds.) The Nature of Inquisitorial Processes in Administrative Regimes (2013)

The question of who is in charge of providing (and possibly proving) the relevant information for decision-making appears to be one of the key questions resulting in the classification of a procedure as ... [more ▼]

The question of who is in charge of providing (and possibly proving) the relevant information for decision-making appears to be one of the key questions resulting in the classification of a procedure as “adversarial” or “inquisitorial.” [less ▲]

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See detailDealing with Trans-Territorial Executive Rule-Making
Hofmann, Herwig UL

in Missouri Law Review (2013), 78

This Article discusses the reality of executive rule-making procedures with trans-territorial effect, with other words, the creation of non-legislative rules which have an effect outside the territorial ... [more ▼]

This Article discusses the reality of executive rule-making procedures with trans-territorial effect, with other words, the creation of non-legislative rules which have an effect outside the territorial limits of the jurisdiction of origin. It maps the phenomenon, discusses some of its central challenges for the realization of general principles of law and considers possible legal approaches addressing these. One of the most important issues thereby is to find workable solutions in the context of the pluralism of sources of law – national, supranational and international. [less ▲]

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See detailThe Relation between the Charter’s Fundamental Rights and the Unwritten General Principles of EU Law - Good Administration as the Test-Case
Hofmann, Herwig UL; Mihaescu, Bucura Catalina UL

in European Constitutional Law Review (2013), (2013), 73-101

This article is a contribution to the debate about the relation between the multiple sources of fundamental rights in the EU legal system. It argues in favour of a non-hierarchic, pluralistic ... [more ▼]

This article is a contribution to the debate about the relation between the multiple sources of fundamental rights in the EU legal system. It argues in favour of a non-hierarchic, pluralistic understanding of these sources. The high practical relevance of this question is analysed by means of a case study of the right to good administration. The article discusses the difficulties in defining the scope of the right to good administration under the Charter of Fundamental Rights of the EU (CFR or the Charter) and that of the right to good administration as a general principle of EU law. In view of this case study, the article argues that adopting a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual’s rights in the EU legal system. [less ▲]

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See detailProceduralising EU Non-legislative Rules: Bridging the Gaps
Mendes, Joana UL; Curtin, Deirdre; Hofmann, Herwig UL

in European Law Journal (2013)

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See detailConstitutionalising EU Executive Rule-Making Procedures: A Research Agenda
Hofmann, Herwig UL; Curtin, Deirdre; Mendes, Joana

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 ▲]

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See detailThe European Research Council as Case Study for Agency Design in the EU
Hofmann, Herwig UL

in European Public Law (2012), 18

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See detailGood Governance in European Merger Control
Hofmann, Herwig UL

in Galloway, Jonathan (Ed.) Mergers and Aquisitions (2012)

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See detailConstitutional Aspects of the Pluralisation of the EU Executive through 'Agencification'
Hofmann, Herwig UL; Morini, Alessandro UL

in European Law Journal (2012), 36

The Treaty of Lisbon has put emphasis on a more strict separation of executive functions between the EU and the Member States. At the same time it attempts to concentrate more executive powers on the ... [more ▼]

The Treaty of Lisbon has put emphasis on a more strict separation of executive functions between the EU and the Member States. At the same time it attempts to concentrate more executive powers on the Union level in the hands of the Commission. This article argues that the Treaty of Lisbon’s innovations have some paradoxical effects. In reality they favour the ongoing diversification towards more hybrid and collaborative executive structures. The article discusses, from the point of view of an EU constitutional law, possible explanations and models for understanding and assessing the ongoing delegation of powers. [less ▲]

Detailed reference viewed: 291 (13 UL)