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Hofmann, Herwig C.H.; Türk, Alexander H. --- "Legal Challenges in EU Administrative Law by the Move to an Integrated Administration" [2009] ELECD 355; in Hofmann, C.H. Herwig; Türk, H. Alexander (eds), "Legal Challenges in EU Administrative Law" (Edward Elgar Publishing, 2009)

Book Title: Legal Challenges in EU Administrative Law

Editor(s): Hofmann, C.H. Herwig; Türk, H. Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207883

Section: Chapter 13

Section Title: Legal Challenges in EU Administrative Law by the Move to an Integrated Administration

Author(s): Hofmann, Herwig C.H.; Türk, Alexander H.

Number of pages: 26

Extract:

13. Legal challenges in EU
administrative law by the move to
an integrated administration
Herwig C.H. Hofmann and Alexander H. Türk

The contributions to this book have discussed various legal aspects of the
phenomenon of integrated administration in the EU and have contributed
to developing a better understanding of the legal framework thereof. This
has not been a simple task, not least because the founding treaties have not
provided for a legal framework for this administrative integration. It was
due to the evolutionary and diversified development of forms of integrated
administration that many new and unforeseen legal problems have arisen.
They are often the result of forms of non-hierarchic, network-like struc-
tures and procedures of administrative cooperation in the EU. Across
policy areas a general tendency can be observed of integrating a multitude
of administrative actors from different jurisdictions in joint procedures.
This often results in a mix of legal systems' rules being applicable to a
single administrative procedure.
One of the striking features of this development is that integrated
administration has not been subject to any structured legislative approach.
There is no standard `EU administrative procedures act' or similar hori-
zontally applicable legislation. Only few acts of general administrative law
exist in the EU.1 Amongst them, the most prominent are the Comitology
Decisions of 1987, 1999 and 2006 as well as the EC's Financial Regulation,2
and a regulation on so-called Community `executive agencies'.3 Also, the
doctrinal treatment of these matters ...