LACK OF ONE COMMON ADMINISTRATIVE PROCEDURE? IS REGULATION ON THE EU ADMINISTRATIVE PROCEDURE NECESSARY IN THE EU?

Abstract

The result of expanding jurisdiction of the European Union (hereinafter: EU) is not only the increase in number of sectors in which special administrative procedures are enforced, but also the increase in number of corresponding bodies and agencies. The current state is characterised by lack of coordination and uniformity and absence of codified procedural rules which makes it difficult for the EU citizens to easily and completely understand their administrative rights and contributes to deterioration of their legal protection. This is not in accordance with the Charter of Fundamental Rights of the European Union (hereinafter: Charter), which guarantees its citizens the right to good administration (Article 41). The authors deem that the standardization of the sectoral administrative rules would lead to simplification and rationalisation of the administrative procedures. European Administrative Law is developed through the practice of the Court of Justice of the EU (hereinafter: CJEU) that has formulated a series of general administrative principles to be followed in order for administrative procedures to maintain their legitimacy. Nevertheless, the legislator is considered to be the one who determines clear procedural rules, thus contributing to legal safety and predictability. Discussing the need for codification of the Law on Administrative Procedure of the European Union (hereinafter: EU APA) has thus become even more relevant. However, the question that constantly arises is whether the regulation on common administrative procedure is necessary in the EU legislation and if so to what extent. The necessity to regulate the minimum of common procedural standards and principles of good administration along with the procedures of EU institutions when resolving individual cases of physical and legal persons is emphasised by the European Parliament Resolution of 15^th January 2013 with recommendations to the Commission on the Law of Administrative Procedure of the European Union (2012/2024(INL)). The legal basis contained in the Article 298 (1) of the Treaty on the Functioning of the European Union (hereinafter: TFEU) is also emphasized. This paper will conclude with a brief review of the results of public consultation on the European Union’s administrative law.