Review of European Administrative Law最新文献

Judicial Protection for Natural Persons Sanctioned under the Single Supervisory Mechanism: Stuck in between Jurisdictions? 对在单一监督机制下受到制裁的自然人的司法保护：夹在两个司法管辖区之间？

Review of European Administrative Law Pub Date : 2024-01-30 DOI: 10.7590/187479823x17060142572664

R.P.A. Kraaijeveld, M.B.J. van Rijn, L. Wissink

{"title":"Judicial Protection for Natural Persons Sanctioned under the Single Supervisory Mechanism: Stuck in between Jurisdictions?","authors":"R.P.A. Kraaijeveld, M.B.J. van Rijn, L. Wissink","doi":"10.7590/187479823x17060142572664","DOIUrl":"https://doi.org/10.7590/187479823x17060142572664","url":null,"abstract":"This paper analyses the system of judicial protection for natural persons that are sanctioned under the system of banking supervision provided by the Single Supervisory Mechanism (SSM). As the imposition of sanctions on natural persons gains traction to ensure regulatory compliance,\u0000 this study scrutinizes whether natural persons can effectively access judicial protection when sanctioned by national competent authorities (NCAs) on the request of the European Central Bank (ECB). The paper unveils the complexities of the SSM's sanctioning system. While the ECB exercises\u0000 direct prudential supervision on significant banks (SIs), allowing it to ascertain whether a bank violated relevant Union law and subsequently impose administrative pecuniary penalties to the bank (SI-decision), it lacks the competence to directly impose an administrative penalty on the natural\u0000 persons responsible. Instead, the ECB may require the NCAs (ECB-request) to impose appropriate penalties on the responsible natural person. Within this intricate system involving EU and national administrative procedures, the natural persons may get stuck between jurisdictions. Facts and legal\u0000 questions relevant to the SI-decision adopted by the ECB in relation to the alleged breach of law conducted by the SI, subject to challenge before the EU Courts, can significantly impact the (national) sanction imposed on the natural persons. After all, they are sanctioned for that very same\u0000 breach. In order to gain a complete picture of the possibilities for natural persons to gain judicial protection in this complex reality, the paper analyses the possibilities for the natural persons to gain judicial protection with respect to the sanction imposed by the NCA, the ECB-request,\u0000 and the SI-decision.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"136 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140482073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Threshold Guardians. The future of EU Agencies' Boards of Appeal in light of the recent reforms of CJEU Statute 门槛监护人。欧盟机构上诉委员会在最近欧盟法院规约改革中的未来

Review of European Administrative Law Pub Date : 2024-01-30 DOI: 10.7590/187479823x17060142572637

Jacopo Alberti

引用次数: 0

When European Instances apply National Rules transposing Directives: the Direct Effect in an Atypical Situation 当欧洲实例适用国家规则转换指令时：非典型情况下的直接影响

Review of European Administrative Law Pub Date : 2024-01-30 DOI: 10.7590/187479823x17060142572574

Javier Esteban Ríos

引用次数: 0

Direct effect of Union law and the Belgian Conseil d'État : What Repercussions for the Resolution of the Cornerstone Conundrum? 联盟法律的直接效力与比利时行政法院：对解决基石难题有何影响？

Review of European Administrative Law Pub Date : 2024-01-30 DOI: 10.7590/187479823x17060142572583

Fien Van Reempts

{"title":"Direct effect of Union law and the Belgian Conseil d'État : What Repercussions for the Resolution of the Cornerstone Conundrum?","authors":"Fien Van Reempts","doi":"10.7590/187479823x17060142572583","DOIUrl":"https://doi.org/10.7590/187479823x17060142572583","url":null,"abstract":"Les goûts et les couleurs ne se discutent pas, la primauté et l'effet direct ne cessent de se discuter. While it is pointless to discuss matters of tastes and colours, the legal scholarship has not ceased to see the benefit of discussing the cornerstone principles of primacy\u0000 and direct effect. This debate persisted due to the perceived inconsistencies in the case law of the Court of Justice of the EU on the matter, seemingly requiring provisions of Union law to have direct effect before allowing them to generate independent effects vis-à-vis conflicting\u0000 national measures before national courts in some cases, while letting go of this requirement in others. After decades of lively discussion, clarity was finally provided by the Court in Popławski II and Thelen Technopark, where it stated that for such independent effects to be generated\u0000 on the basis of Union law by itself, direct effect is indeed necessary. After exploring this debate, the paper veers west of Luxembourg in inquiring whether this clarification is likely to alter the future case law of Belgium's highest administrative court, the Conseil d'État. Analysis\u0000 of selected cases shows that, despite legal scholarship questioning the consistency and necessity of such a requirement, the Conseil d'État can be considered to generally require provisions of Union law to have direct effect before allowing them to generate independent effects in the\u0000 dispute at hand by virtue of their precedence over conflicting national measures. No change in the case law of the Conseil d'État is thus likely to follow the clarifications to the decade-old debate on the role of primacy and direct effect by the Court in Popławski II and Thelen\u0000 Technopark.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"371 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140483050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

By-passing the National Level? Municipalities as Legal Actors in Multi-Level Governance in Norway and Sweden 绕过国家一级？挪威和瑞典的市政当局作为多级治理中的法律行为者

Review of European Administrative Law Pub Date : 2024-01-30 DOI: 10.7590/187479823x17060142572673

Sigrid Stokstad, Henrik Wenander

{"title":"By-passing the National Level? Municipalities as Legal Actors in Multi-Level Governance in Norway and Sweden","authors":"Sigrid Stokstad, Henrik Wenander","doi":"10.7590/187479823x17060142572673","DOIUrl":"https://doi.org/10.7590/187479823x17060142572673","url":null,"abstract":"This article aims at illuminating the role of Swedish and Norwegian municipalities as legal actors in multi-level governance. The research question is threefold: What is the role of Swedish and Norwegian municipalities as legal actors in relation to the European level? How do these\u0000 roles affect local autonomy at the national level? What is the impact of the different affiliations at the European level, Sweden's full membership, and Norway only being a party to the EEA Agreement on these questions? Previous research has shown that municipalities have been able to magnify\u0000 their influence, both externally and internally, through the intermediary of the European Union. The ability to magnify their influence will depend on the national constitutional framework and the formal affiliation to the European level, among other things. In this study, the role of the\u0000 municipalities in Norway and Sweden is described by analysing the constitutional position of municipalities at the national level, the municipal influence on the drafting of EU legislation, the Nordic municipalities as actors before the ECJ and the EFTA Court and the municipal implementation\u0000 of EU/EEA law. On a general level, the study found that the constitutional structures are mainly monolithic, although there are polycentric features. The ability of Norwegian and Swedish municipalities to by-pass national authorities is visible but cannot be described as strong. The role of\u0000 the municipalities in acting at the European level is noteworthy, but the legal framework does not allow for a significant increase in local autonomy. The EEA affiliation of Norway implies that the municipalities have a weaker position at the European level.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"137 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

State aid assessment for renewable energy support schemes: deconstructing the Guidelines on State aid for Climate, Environmental Protection and Energy, in view of the recent major crises. 可再生能源支持计划的国家援助评估：鉴于近期的重大危机，解构《气候、环境保护和能源国家援助准则》。

Review of European Administrative Law Pub Date : 2024-01-30 DOI: 10.7590/187479823x17060142572619

Theodoros G. Iliopoulos

{"title":"State aid assessment for renewable energy support schemes: deconstructing the Guidelines on State aid for Climate, Environmental Protection and Energy, in view of the recent major crises.","authors":"Theodoros G. Iliopoulos","doi":"10.7590/187479823x17060142572619","DOIUrl":"https://doi.org/10.7590/187479823x17060142572619","url":null,"abstract":"The attainment of the clean energy transition in the EU requires substantial additional investment in renewable energy projects. In this regard, Member States have been and still are using support schemes, regulatory instruments that financially support such investments in different\u0000 ways. However, since support schemes constitute an intervention in the market, their legality and compatibility with the internal market is not self-evident but needs to be assessed under State aid law. This assessment is typically conducted on the basis of soft law conditions that the Commission\u0000 adopts with its Guidelines. The latest relevant body of Guidelines is the CEEAG of 2022, and this paper critically presents and analyses the conditions of the CEEAG that involve the promotion of renewable energy sources. It interprets the conditions, shows how priorly applicable conditions\u0000 have evolved and have found a new expression in the CEEAG, and highlights grey areas and weak points of the CEEAG. In addition, this paper weighs the CEEAG against the most recent uncertainties, particularly the ones posed by the effects of the energy price and security crises that have challenged\u0000 the prevalent modus operandi for the promotion of renewable energy sources.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"53 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Safeguarding the Right to an Effective Remedy in Algorithmic Multi-Governance Systems: An Inquiry in Artificial Intelligence-Powered Informational Cooperation in the EU Administrative Space 算法多元治理体系中有效救济权的保障:欧盟行政空间中人工智能驱动的信息合作探究

Review of European Administrative Law Pub Date : 2023-07-20 DOI: 10.7590/187479823x16878510945034

Jan Benjamin

{"title":"Safeguarding the Right to an Effective Remedy in Algorithmic Multi-Governance Systems: An Inquiry in Artificial Intelligence-Powered Informational Cooperation in the EU Administrative Space","authors":"Jan Benjamin","doi":"10.7590/187479823x16878510945034","DOIUrl":"https://doi.org/10.7590/187479823x16878510945034","url":null,"abstract":"This paper focuses on the right to an effective remedy in the public sector when algorithms are used to support decision-making processes. More particularly, the focus will be on how the effectiveness of judicial review can be ensured in such contexts. This paper questions whether effective\u0000 judicial review is possible where recommender systems are deployed in a multi-governance system such as the EU administrative space. Since assessing the effectiveness of judicial review requires a caseby-case analysis, the possible deployment of recommender systems in the EU administrative\u0000 space, regarding informational cooperation, will serve as a case study. Today, informational cooperation understood in the context of composite procedures is widely used and has evolved from information requests, from one national administration to another, to shared databases and IT systems\u0000 used as platforms to exchange information. It is assumed hereafter that the next evolution to these databases and IT systems is the deployment of recommender systems. If these recommender systems are starting to be deployed, compliance of their use with the procedural dimension of the rule\u0000 of law and, more particularly, the right to an effective remedy must be complied with.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121464041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

C-61/21 Ministre de la Transition Écologique: Putting the Individual-centered CJEU Case Law on Air Quality on Hold C-61/21过渡部Écologique:将以个人为中心的欧洲法院空气质量判例法搁置

Review of European Administrative Law Pub Date : 2023-07-20 DOI: 10.7590/187479823x16878510945052

Justine Richelle

引用次数: 0

Michał Krajewski, Relative Authority of Judicial and Extra-Judicial Review: EU Courts, Boards of Appeal, Ombudsman 司法和司法外审查的相对权威:欧盟法院、上诉委员会、监察员

Review of European Administrative Law Pub Date : 2023-07-20 DOI: 10.7590/187479823x16878510945061

M. Schramm

引用次数: 0

Limitation Period for Irregular Payments from the EU Budget and NextGenerationEU Funds in the Post-Covid Era 后新冠时代欧盟预算和下一代欧盟基金不定期付款的限制期限

Review of European Administrative Law Pub Date : 2023-07-20 DOI: 10.7590/187479823x16878510945016

Justyna Łacny

{"title":"Limitation Period for Irregular Payments from the EU Budget and NextGenerationEU Funds in the Post-Covid Era","authors":"Justyna Łacny","doi":"10.7590/187479823x16878510945016","DOIUrl":"https://doi.org/10.7590/187479823x16878510945016","url":null,"abstract":"In the EU, as in life, money is a motivator for change. On the one hand, the funds regularly allocated to Member States from the EU budget finance diverse activities, ranging from rural development and environmental protection, investments supporting sustainable economic development\u0000 and new technologies, to the protection of external borders and the promotion of human rights. On the other hand, the extraordinary financial assistance provided by the EU to Member States from the NextGenerationEU should help their economies and societies to recover from the COVID-19 crisis,\u0000 and more recently from the effects of the war in Ukraine. In contrast, the threat of suspending or losing funds from the EU budget and the NextGenerationEU is aimed at urging Member States, and in particular Hungary and Poland, to respect the rule of law. In an ideal world, EU money goes to\u0000 the right recipients, meets properly identified and legitimate objectives, and is spent lawfully. In the real world, EU funds are sometimes spent incorrectly, with the result that under EU rules they must be recovered from those responsible for infringements, and in some cases sanctions must\u0000 also be imposed on them. It is only in exceptional cases that irregular expenditures of EU funds may not be recovered and sanctioned. This is the case, inter alia, when a legally defined period has elapsed since the irregular expenditure was made, ie, the irregularity is time-barred. The limitation\u0000 period for irregular payments means that the offender is exempt from the obligation to repay the EU funds irregularly spent to the EU budget and cannot be sanctioned. This article analyses EU legislation governing the statute of limitations for irregular expenditures paid from the EU budget\u0000 and NextGenerationEU. Its aim is to determine whether these provisions provided effective protection for these funds during the COVID pandemic, as well as now in the post-COVID era.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125700400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0