Administrative procedure as a key factor in development of control over administrative power - a European perspective

Robert Siuciński ()
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Robert Siuciński: Assistant Professor at University of Lodz, Poland

Juridical Tribune - Review of Comparative and International Law, 2020, vol. 10, issue 3, 427-441

Abstract: European Parliament resolution of 9 June 2016 and ReNEUAL Model Rules on EU Administrative Procedure constitute two attempts to answer to the lack of transparency and protection of citizens’ rights in decision-making process before administrative bodies. Despite that, EU still has not adopted a legally binding act regulating administrative proceedings before its all authorities. The key for understanding this situation is a constitutional shape of EU institutional system with Commission as the biggest administrative power which blocks legal initiative at that field. It brightly contrasts with a long tradition of codification of administrative procedure in the vast majority of member states. Furthermore, nowadays we have to deal with a new wave of codifications. That arrives not only to countries with well-established achievements but extends on those usually reluctant to that kind of provisions. The analysis of factors which led to current state of affairs requires therefore the extensive use of comparative and historical method. However, the results of research can have a crucial importance for understanding of EU administration and may be used in future for amelioration of procedural law.

Keywords: administrative procedure; European Union administrative law; Europeanisation; codification of administrative procedure. (search for similar items in EconPapers)
JEL-codes: K23 K41 (search for similar items in EconPapers)
Date: 2020
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