CONSIDERATIONS ON THE PRINCIPLES AND EVOLUTIONS OF E.U. ADMINISTRATIVE PROCEDURE

Emil Balan and Dragos Troanta
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Emil Balan: University Professor, PhD, National School of Political Studies and Public Administration, ROMANIA.
Dragos Troanta: University Lecturer, PhD, USH University/Associate Researcher "C.S. Nicolaescu-Plopsor" Institute for Studies in Social Sciences and Humanities, Romanian Academy, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2013, vol. 55, 13-21

Abstract: Form is the sworn enemy of arbitrary! The existence of formal legal rules on non-contentious administrative procedure – applied in most public administration activity – represents a procedural guarantee for citizens and a counterweight for the discretionary powers of administration. Rule of law implies the obligation to adhere to impartial and fair administrative procedures. At EU level we cannot identify a uniform philosophy related to administrative proceedings mainly because of national administrative autonomy. The need for fairness and efficiency lead to a substantial influence of the EU on national law and administrative procedures. The establishment of uniform regulations for similar actions, which are not less favourable than European ones (principle of equivalence), ensure the effectiveness of European standards. Which are the principles and directions for non-contentious administrative procedures in European law and the elements that could realize the uniformity of national rules in the field? Which are the steps adopted at European Union level in order to create a common set of principles for administrative procedures? EU realities and the doctrine answering these questions represent the topic of our study together with the presentation of the most recent developments registered in order to create a single European law of administrative procedure.

Keywords: E.U. law; administrative procedures; good administration; principles; evolutions. (search for similar items in EconPapers)
JEL-codes: K23 (search for similar items in EconPapers)
Date: 2013
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