Original scientific paper
https://doi.org/10.31141/zrpfs.2020.57.135.85
Administrative procedure in European Union Law - Codification challenge
Dario Đerđa
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Ana Jerčinović
; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Abstract
The aim of this paper is to analyse reasons pointing out the need to codify the rules for administrative procedure in EU law and to assess the quality of suggested solutions. Firstly, an attempt is made to answer the question of whether the European Union needs to codify rules of administrative procedure. This is done by analysing some of its regulations as well as the views purported in scientific and professional literature. The “codification failures” to date are pointed out and the genesis of passing the today still current proposed “Regulations on open, effective and independent European Union Administration”. Then, the aims of this proposed regulation and its contained solutions are analysed. It is compared with current solutions contained in the Croatian legal system and in the legal systems of some member states. This points out some advantages as well as disadvantages of the proposed text. Finally, it is concluded whether the Union will, with its proposed “codification” finally create new legal regimes or will it satisfy legally established already existing rules within the framework of one regulation.
Keywords
administrative procedure; European Union; proposed “Regulations on open; effective and independent European Union Administration”
Hrčak ID:
234569
URI
Publication date:
19.2.2020.
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