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Hofmann, Herwig CH --- "European administration: nature and developments of a legal and political space" [2017] ELECD 413; in Harlow, Carol; Leino, Päivi; della Cananea, Giacinto (eds), "Research Handbook on EU Administrative Law" (Edward Elgar Publishing, 2017) 21

Book Title: Research Handbook on EU Administrative Law

Editor(s): Harlow, Carol; Leino, Päivi; della Cananea, Giacinto

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710675

Section: Chapter 1

Section Title: European administration: nature and developments of a legal and political space

Author(s): Hofmann, Herwig CH

Number of pages: 23

Abstract/Description:

This chapter presents in broad strokes an overview of the genesis, the reasons for development and the forms as well as the functions of the European administration as we know it today with specific focus on administration of and in the EU. European administration is often described in the context of the metaphor of ‘space’, as a ‘European administrative space’. The reason for this is not only the territorial reach of administrative powers being linked to the territorial jurisdiction of public law. The metaphor is also used in the TFEU, which, maybe a little euphemistically, refers to an ‘area of freedom, security and justice’. Using the image of ‘space’ allows exploring in a more contextual way the gradual evolution of administrative structures, procedures, cultures and approaches within the EU and other jurisdictions affected by European integration. This chapter approaches the topic in three steps. First, it looks at the genesis of the European administrative space and offers some explanations why things look as they do and what consequences arise therefrom. Second, this chapter focuses on the pluralization of actors composing the ‘European administration’ and their modes of cooperation. I therein highlight the growing procedural integration through composite procedures and the increasing relevance of information. Finally, this chapter addresses the possible future developments of an integrated European administrative space and discusses adapted solutions to structural challenges. The rise and development of European administration in a ‘European administrative space’ or ‘area’ is viewed and described in a variety of ways.