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National administrative procedures in a European perspective: pathways to a slow convergence

By Carol Harlow and Richard Rawlings

Abstract

This paper looks at the evolution of principles and rules of administrative procedure in the European Union and their implications for national systems of administrative law. Section 1 treats the development of 'general principles of administrative procedure' by the Luxembourg Courts. Section 2 deals with problems of conflicts which may arise when procedural principles of administrative law gain the status of a fundamental human right, with special reference to the European Convention on Human Rights. Section 3 turns to the 'soft law' principles of good administration promulgated by the European Ombudsman in his Code of Good Administrative Behaviour. Section 4 looks briefly at the increasing volume of sector-specific regulation by the EU, which often directly imposes procedural requirements on national administrations. Section 5 covers horizontal EU requirements in respect of access to information and privacy. The authors foresee a gradual convergence of national procedural requirements, concluding that a gradual approach will prove more effective in the long run than codification at EU level or other attempts at formal procedural harmonisation

Topics: K Law (General)
Publisher: Italian journal of public law
Year: 2010
OAI identifier: oai:eprints.lse.ac.uk:33345
Provided by: LSE Research Online
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