Title: European Administrative Law: The Birth of a New Legal Discipline in Public Law
Abstract: This article studies the birth of a new legal discipline within public law, European
administrative law. The European Union’s administrative law is a special form of
administrative law because it is an executive law, and the executive powers of the
community are not as easily definable as those of a state. There are two effects of this law
on national administrative laws. First, there are the effects of authority which emanate
from European treaties such as the principle of loyal cooperation, and from Court
jurisprudence like the principles of primacy and “invocability”. It also has indirect
influences as seen through borrowing techniques, such as proportionality, and structures,
like government agencies. This law leaves its mark on the objectives of economic
regulation it pursues (e.g. competition and freedom of movement), as well as through the
means it uses to reach these objectives, for example through the attention it gives to the
procedures of adopting new laws and the control exercised over national administrative
laws. Finally, the authors study the manner in which national administrative laws adapt
more or less easily to European administrative law.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot