Author: Roberta Panizza EN
Policy Department C: Citizens' Rights and Constitutional Affairs
European Parliament
PE 519.207
EU ADMINISTRATIVE LAW
Over the last decades, the European Union has developed a
series of ad hoc administrative procedures for the direct
implementation of its rules in a number of areas - such as
competition policy, trade policy, sate aids, access to EU
documents, the EU civil service - , which resulted in a fragmented
body of rules, whether in the form of law or soft law.
The need to depart from this sector-specific approach to ensure
consistent EU administrative procedures has therefore started to
be debated in the academic sector as well as within the EU institutions. In this respect,
following the entry into force of a new legal basis on administrative law introduced by the
Lisbon Treaty the European Parliament has called for the adoption of a single European
Administrative Procedure binding on its institutions, bodies, agency and offices including
enforceable procedural rights for citizens when dealing with the Union's direct
administration.
LEGAL FRAMEWORK
Article 298(1) of the Treaty on the Functioning of the European Union (TFEU), which
is an innovation of the Lisbon Treaty, provides that in carrying out their missions, the
institutions, bodies, offices and agencies of the Union shall have the support of an open,
efficient and independent European administration.
Article 41 of the Charter of Fundamental Rights of the European Union enshrines the
right to good administration by granting to every person the right to have his or her
affairs handled impartially, fairly and within a reasonable time by the institutions, bodies,
offices and agencies of the Union. This includes the right of every person to be heard before
any individual measure which would affect him or her adversely is taken; the right of access
to files, while respecting the legitimate interests of confidentiality and of professional and
business secrecy; and the duty of the administration to give reasons for its decisions.
The case-law of the Court of Justice of the European Union has contributed to shape
EU administrative law by developing over the years general principles of administrative law
and procedure, especially those related to the rights of defence. In this respect, landmark
decisions acknowledged the right to be heard, the duty for the administration to give
reasons and to adopt decisions within a responsible time, the privilege against self-
incrimination.
Working Group on EU Administrative Law
During the 7th legislature the Committee on Legal Affairs set up a Working Group on EU
Administrative Law aiming at tacking stock of the existing EU rules on administrative
law and at examining the possibility of legislative action on the basis of Article 298
TFEU. The findings of the activities of research, analysis and discussions of the Working
Group are summarised in a working document suggesting the adoption of a
Policy Department C: Citizens' Rights and Constitutional Affairs
legislative initiative for a single general administrative procedure binding on the Union's
administration. The working document was approved by the Committee on Legal Affairs at
its meeting of 22 November 2011.
European Parliament's resolution
Following the recommendations of the Working Group and the own-initiative report by the
Committee on Legal Affairs on 15 January 2013 Parliament adopted a resolution with
recommendations to the Commission on a Law of Administrative Procedure of the
European Union. The resolution was adopted under Article 225 TFEU (legislative initiative).
Parliament requested the Commission to submit a proposal for a regulation on a European
Law of Administrative Procedure codifying the fundamental principles of good administration
and regulating the procedure to be followed by the Union's administration in its relations
with the public. The scope of the Regulation should be limited to the direct
administration of the EU and should lay down a procedure applicable as a de minimis
rule where no lex specialis exists. Furthermore, the resolution lays down a number of
detailed recommendations as to the content of the proposal requested. Parliament's request
has not been followed up by a Commission proposal yet.
EXPERTISE PROVIDED BY THE POLICY DEPARTMENT C
The Policy Department provided the Working Group on EU Administrative Law with
extensive independent expertise from representatives of the academia and the law practice.
As a first step, the following in-depth analyses carried out the stocktaking of the existing
EU administrative rules, an assessment of their interaction as well as the analysis
of the possibility of a EU single legal framework on administrative procedure
following the entry into force of the Lisbon Treaty: 'EU Administrative Law - The Acquis,
Towards an European Regulation on Administrative Procedure and Relevant provisions of
the Lisbon Treaty on EU Administrative Law.
In the context of the debate on EU rules on access to documents, an overview on how
transparency and participation have been ensured in EU law and practice is provided in
the in-depth analysis on Citizens and EU Administration - Direct and indirect links.
Furthermore, with a view to delivering an insight into a selection of sector-specific EU
administrative procedures the following in-depth analyses were commissioned:
Administrative Procedures in EU External Trade Law, Administrative Procedure in EU Civil
Service Law, Administrative Procedure in Environment Files Linked with Article 258 TFEU
Proceedings : A Lawyer’s Perspective, Administrative procedures files linked with Article 258
TFEU proceedings: an academic perspective.
In addition to that, during a delegation of the Legal Affairs Committee, the Policy
Department organized a Workshop on the state of play and future prospects of EU
administrative law at the University of León (27 - 28 April 2011), focusing on a number of
aspects and questions related to EU administrative law, including the scope and evolution of
EU administrative law; the administrative law aspects of the EU rules on access to
documents and data protection; the need for increased coherence in EU administrative law.
A collective edition contains the contributions for this Workshop commissioned by the Policy
Department to several academic experts as well as law practitioners.