Private Participation in the Control of Public Spending - The Multi-Level Subsidy Regimes

This paper presents a brief outline of conditions and possibilities for the involvement of private actors in the multi-level system of subsidies regulation. Although the mechanisms for control and coordination differ on each regulatory level - the international, supranational, national and sub-national - all levels use private involvement to solve steering problems common in the control of subsidies. The paper takes the view that granting private parties substantial and procedural rights in the procedure is beneficial to the public for reasons of steering and control of subsidies. On the basis of an intra-level comparison, the paper points out administrative structures and procedural provisions, which enable private parties to have a meaningful involvement in the regulation of subsidiesLaw, EC, WTO, Subsidies, State Aid, Governance, Private Parties.

A Commentary on the Right to an Effective Remedy in the Case Law of the CJEU

The right to an effective judicial remedy is an essential element of realising the rule of law. It is the fundamental right granting individuals the possibility to request independent review of compliance with the legal provisions. The genius of protecting as an individual fundamental right this structural notion of independent judicial review, has much contributed to the prominence and the protection of judicial accountability and effective enforcement of EU law. Yet, this critical commentary on the right to an effective remedy shows that the case law of the CJEU has predominantly aimed at ensuring Member State compliance with the right to an effective remedy. When it comes to reviewing EU law provisions against this right, the general considerations of ensuring effective judicial remedies are a lot less pressing, and accordingly, the CJEU has decided to be less stringent in its application of the right. Such case law of the CJEU has left gaps in protection. The commentary ends with the observations that additional problems for the enforcement of the right to an effective remedy arise from the often-composite nature of procedures, linking one or several Member State bodies with European institutions and bodies in one single procedure

The Court of Justice of the European Union and the European Administrative Space

This chapter outlines the role of the judiciary in shaping the European administrative system, the major developmental stages of judicial review of administrative action and the evolution of concepts under which judicial accountability has been exercised. In this context, it looks at the consequences for judicial accountability by the increasing integration of administrative procedures in the EU. This chapter argues that such procedural forms of cooperation have been established with a primary concern for efficiency of de-central administrative action but less with regard to possibilities of exercising judicial review ensuring compliance with written provisions and General Principles of EU law and rights of individuals

The Developing Role of the European Ombudsman

This chapter undertakes an assessment of the legal framework governing the mandate and capabilities as well as independence of the European Ombudsman (hereafter, the ‘Ombudsman’). To do so, the chapter takes a detailed look at, inter alia, EU ‘constitutional’ law, the Ombudsman’s existing procedures, the concept of ‘maladministration’ as expressed in the Ombudsman’s mandate, and the consequences of an Ombudsman finding of maladministration. On this basis the chapter discusses future possibilities for developing ombuds review in the European Union (EU) as well as Ombudsman O’Reilly’s stated ambition to increase the visibility of the Ombudsman and the impact of ombuds review in the context of more high-profile, and often ‘political’, investigations

A Commentary on Article 47 of the Charter and the Member States

EU law is applied by Member States and on the Union level alike and accordingly EU law is to be applied by Member State courts as well as the CJEU. Different constellations of implementation and enforcement of EU law on the national and European levels, however, lead to a diverse set of conditions of judicial review. The CJEU aims to ensure that a ‘complete’ system of remedies2 be provided for all “rights and freedoms protected under Union law” (Article 47 of the Charter). A central tool for realising a ‘complete’ system of remedies is the strengthening of Member State courts as ‘first level EU courts’ as well as ensuring the CJEU’s monopoly of reviewing the validity of acts under EU law. Accordingly, this chapter concentrates on Member State obligations and the links between the national and the EU levels under the right to an effective remedy. The following analysis of the right to an effective remedy within Member State legal systems3 looks at the right to effective remedies in its constitutional context (a), before analysing the scope of protection of the right to an effective remedy and turning to the concept of the rights and freedoms under Union law as the ‘ius’ protected by the right to an effective remedy enshrining the Latin maxime of ubi ius, ibi remedium into EU law (b). The commentary then turns to specific obligations in ‘vertical’ relations between individuals and Member States (c) as well as those in ‘horizontal’ relations between individuals (d). Part (e) examines the permissible limitations on the right to an effective remedy before looking at some of the main lines of development (f)

The Interdependencies between Delegation, Discretion and the Duty of Care

This chapter looks at the development of a set of interlocking legal principles to hold the delegation of discretionary powers to account: notably the duty of care and the principle of proportionality. The relation between the concepts of delegation, discretion, care and proportionality are are not always very clearly established in EU law. Therefore, this chapter seeks to undertake a ‘reconnaissance mission’ and trying to explain which principles of review are developing and why. This chapter then seeks to link the developments in an attempt to obtain a clearer view of the overall picture of ensuring effective yet accountable executive decision making in the EU

General Principles of EU Law and EU Administrative Law

Treaty provisions and Union legislation are only part of the story of how law can actually take effect in reality. A quite decisive factor is their implementation through administrative action. The basic themes of this chapter are, first, the steps which take place after legislation has been passed: who does what and by which means to make sure that political decisions made in a legislative act do not only remain ‘law on the books’? The second theme is which rights exist in that context? How can they be protected? In other words, this chapter deals not only with the sub-legislative setting of rules and making of decisions, it also asks which principles and rules exist to ensure the legality and legitimacy of administrative action implementing EU law