096526

SoSe 15: VL European Administrative Law

Angelos Gerontas

Information for students

FFK und Wahlveranstaltung im SB 7, USP 2

Comments

Course Description

This course provides an analysis of the idea of the European Union administration, its foundation and the major actors involved in its establishment and operation. The module is divided into four parts. The first part explores the constitutional framework of EU administrative law. The course then analyzes how the EU governance is structured. Within this framework, the comitology system and the role of EU administrative agencies and private parties within the EU governance will be examined. The third part of the course concentrates on the decision-making processes of the EU administration. Finally, the course examines how the EU enforces its acts along with the administrative, political and judicial supervision of EU administrative action.

The main textbook for this course will be Administrative Law and Policy of the European Union by Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk. Lectures will be enriched with articles and court decisions.

Prerequisite

Students must have successfully completed a course on administrative law of any jurisdiction.

Method of instruction

14 x 2-hour sessions.

Exam

Evaluation occurs on the basis of a final exam.

Recommended Materials

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk, Administrative Law and Policy of the European Union, (Oxford University Press, 2011).

Course Syllabus

I. INTRODUCTION	Session 1: The Idea of European Union Administration- Its Nature and Development Hofmann et al., pp. 3-19 EU Administrative Law- Purposes and Ambit Jürgen Schwarze, European Administrative Law in the Light of the Treaty of Lisbon 18 EUROPEAN PUBLIC LAW, (2012), pp. 285–304
II. THE CONSTITUTIONAL FRAMEWORK OF EUROPEAN UNION ADMINISTRATIVE LAW	Sources of EU Administrative Law (I) Primary Law Public International Law Hofmann et al., pp. 67-87 Joined Cases C-402/05 P & C-415/05 P, Kadi & Al Barakaat v. Council of the European Union [2008] ECR I-6351 Session 2: Sources of EU Administrative Law (II) EU legal acts Member States legal acts Comparative Law as source of EU Administrative Law Hofmann et al., pp. 88-101/ 112-116 Session 3: Principles Underlying the Relationship between the European Union and the Member States Principle of attributed powers Subsidiarity Principle of sincere cooperation Hofmann et al., pp. 117-138 J-V Louis, National Parliaments and the Principle of Subsidiarity—Legal Options and Practical Limits in: I. PERNICE AND E. TANCHEV (EDS), CECI N'EST PAS UNE CONSTITUTION—CONSTITUTIONALIZATION WITHOUT A CONSTITUTION? (2009), pp. 131–154 Session 4: General Principles Framing EU Administrative Law (I) The democracy principle and the rule of law Protection of fundamental rights Openness Hofmann et al., pp. 143-203 Koen Lenaerts, The Rule of Law and the Coherence of the Judicial System of the European Union, 44 CMLR (2007), pp. 1625-1659 Alberto Alemanno, Unpacking the Principle of Openness in EU Law: Transparency, Participation and Democracy, European Law Review 39 (2014), 1, pp. 72-90. Session 5: General Principles Framing EU Administrative Law (II) Openness (cont’d) Legal certainty Hofmann et al., pp. 143-203 Alberto Alemanno, Unpacking the Principle of Openness in EU Law: Transparency, Participation and Democracy, European Law Review 39 (2014), 1, pp. 72-90. Session 6: General Principles Framing EU Administrative Law (III) Good administration Right to be heard Hofmann et al., pp. 190-221 Herwig C.H. Hofmann/ Catalina Mihaescu, The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case, European Constitutional Law Review, 2013, pp 73-101. Session 7: Delegation and the EU Constitutional Framework Hofmann et al., pp. 222-255
III. STRUCTURES, PROCEDURES AND METHODS	Session 8: Organizational Arrangements for EU Administrative Action Direct, indirect and cooperative administration/ Composite administration Comitology system Agencies Networks Private Actors and EU Governance Hofmann et al., pp. 259-311/325-331 PAUL CRAIG, THE LISBON TREATY, LAW, POLITICS AND TREATY REFORM (2010), pp. 48-66, 260-263
IV. ADMINISTRATIVE ACTS	Session 9: Abstract- General Measures Subordinate legislation Administrative rules (overview) Rule-Making for private parties (overview) Hofmann et al., pp. 524-623 Session 10: Single-case Measures Decisions in individual cases Administrative Agreements Hofmann et al., pp. 625-666 Martin Trybus, Public Contracts in European Union Internal Market Law: Foundations and Requirements” in: R. NOGOUELLOU/ U. STELKENS (EDS.), COMPARATIVE LAW ON PUBLIC CONTRACTS TREATISE (2010), pp. 81-121
V. ENFORCEMENT AND SUPERVISION OF ADMINISTRATIVE ACTION	Session 11: Enforcement of EU Administrative Action Hofmann et al., pp. 679-706 Session 12: Administrative and Political Supervision of EU Administrative Action- An Overview Hofmann et al., pp. 707-796 P. Nikiforos Diamandouros, The European Ombudsman and the Application of EU Law by the Member States, 1 REALAW (2008), pp. 5-37 Session 13: Judicial Supervision of EU Administrative Action (I) Action for annulment Hofmann et al., pp. 797-847 Case T-262/10 Microban International and Microban (Europe) v Commission [2011] ECR 2011 II-07697 Case T-18/10 Inuit Tapiriit Kanatami and Others v Parliament and Council [2011] ECR 2011- II-5599 Session 14: Judicial Supervision of EU Administrative Action (II) Action for failure to act Incidental review Non-contractual liability for damages Hofmann et al., pp. 848-906