{"title":"The Guises of and Guidance to Administrative Discretion in the European Court of Justice's Interpretation of EU Immigration Law","authors":"J. Bornemann","doi":"10.7590/187479819x15656877527205","DOIUrl":"https://doi.org/10.7590/187479819x15656877527205","url":null,"abstract":"In EU immigration law, national authorities enjoy a degree of discretion on various accounts. However, Union law and the Court of Justice's interpretation thereof impose standards conditioning the exercise of that discretion. This contribution suggests that the acknowledgment of national\u0000 administrative discretion by Union law coincides with divergent standards of guidance thereto developed by the Court of Justice. It argues that this may be the result of a deliberate choice. If Member State administrative discretion threatens to compromise the effectiveness of Union law, Luxemburg\u0000 may expound stricter standards indicating how discretion must be exercised in a specific situation.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123167672","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}
{"title":"A Jurisdiction of Jurisdictions","authors":"Joseba Fernández Gaztea","doi":"10.7590/187479819x15656877527179","DOIUrl":"https://doi.org/10.7590/187479819x15656877527179","url":null,"abstract":"","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131400508","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}
{"title":"'Guess Who? The SRB as the Accountable Actor in Legal Review Procedures'","authors":"J. Timmermans","doi":"10.7590/187479819x15656877527232","DOIUrl":"https://doi.org/10.7590/187479819x15656877527232","url":null,"abstract":"The SRM is an institutionally complex system in which it is unclear which actor is to be held legally accountable. The reason for this complexity flows from the fact that the exercise of powers is spread over a multitude of actors at different levels. Within the SRM's framework, we\u0000 find both vertical and horizontal cooperative links. In relation to the vertical links, EU actors take the main decisions, while the implementation is left to national actors. Horizontal cooperative links at the EU level are also present as EU institutions and an EU agency have to act together\u0000 in composite administrative procedures. This institutional set-up results in unclarity as to where responsibility lies. If legal protection is to be provided against decisions resolving significant banks, it has to be clear who should be held responsible in legal review procedures. The article's\u0000 aim is to examine what issues of legal review exist and to analyse where the de facto decision-making, and thus legal responsibility, lies within the SRM's framework.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132061831","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}
{"title":"Accountability and control across a changing, multilevel administration","authors":"F. B. Bastos","doi":"10.7590/187479819x15656877527151","DOIUrl":"https://doi.org/10.7590/187479819x15656877527151","url":null,"abstract":"","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117058560","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}
{"title":"Controlling the Invisible: Accountability Issues in the Exercise of Implementing Powers by EU Agencies and in Harmonised Standardisation","authors":"Annalisa Volpato","doi":"10.7590/187479819x15656877527197","DOIUrl":"https://doi.org/10.7590/187479819x15656877527197","url":null,"abstract":"The implementation of EU law is articulated in a plurality of levels. Article 291 TFEU confers the primary responsibility of implementing EU law on the Member States, but it envisages also a direct implementation at the EU level where uniform conditions are required. However, the reality\u0000 is more complex than the image enshrined in Article 291 TFEU. At the EU level, the implementation is carried out not only by the Commission and the Council in duly specific cases, but also by bodies not expressly envisaged in Article 291 TFEU, such as EU agencies and private standardisation\u0000 bodies. The accountability mechanisms for the exercise of such implementing powers are considerably different and, for certain aspects, problematic. The contribution will, therefore, analyse the different forms of implementation which have emerged in EU law and it will compare the mechanisms\u0000 in place, shedding light on some blind spots in the democratic control and in the judicial review of these phenomena.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"212 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115896001","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}
{"title":"Public Enforcement of EU Antitrust Law: A Circle of Trust?","authors":"N. Dzino, C. Rusu","doi":"10.7590/187479819X15656877527214","DOIUrl":"https://doi.org/10.7590/187479819X15656877527214","url":null,"abstract":"The concept of trust is key to effectively enforcing the EU antitrust prohibitions in the ECN multi-level administration context. The manifestation of this concept is identified at different stages of the public enforcement system, where the Commission and the NCAs share the enforcement\u0000 workload and assist each other's actions. Various EU legislative, soft-law and case-law landmarks have progressively contributed to developing this idea of trust, culminating with the adoption of Directive 2019/1, which aims to render NCAs as more effective enforcers of Articles 101 and 102\u0000 TFEU. In this paper, we intend to determine whether the Directive furthers the trust already established in the last fifteen years of enforcement experience. We first track the development of the trust in the NCAs' EU antitrust enforcement work and assesses the building-blocks on which trust\u0000 is shaped. Next, we evaluate the Directive's core elements (dealing with institutional design, enforcement and sanctioning powers, leniency, mutual assistance, etc.), in order to gauge their trust-enhancing potential, and to test whether the Directive correctly follows through the EU hard-,\u0000 soft-, and case-law. We also look into any remaining enforcement gaps, which may undermine the trust between the European antitrust enforcers, and consequently the Directive's core objectives.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126711695","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}
{"title":"Administrative factual conduct: Legal effects and judicial control in EU law","authors":"Napoleon Xanthoulis","doi":"10.7590/187479819X15656877527188","DOIUrl":"https://doi.org/10.7590/187479819X15656877527188","url":null,"abstract":"This article analyses the legal effects and avenues for judicial control over the factual conduct of EU administrative authorities. It posits that the uncertainty that characterises the justiciability of Union's factual conduct conceals a conceptual obscurity surrounding acts and their\u0000 effects in EU law. Legal and physical acts are both means for exercising public power. To the extent that all manifestations of public power must adhere to the applicable legal requirements, the EU administration remains judicially accountable where its conduct, irrespective of how it manifests\u0000 itself, has an impact on the rights and obligations of persons. The article presents an analytical framework that aims to translate the language of legal effects to a language of EU rights and obligations and vice versa. Moreover, it contextualises this inquiry within a broader threefold uncertainty\u0000 that characterises EU law and illustrates the increasing significance of physical acts in the Union's multi-layered administrative practice.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130524966","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}
{"title":"Joana Mendes and Ingo Venzke (eds.), Allocating Authority. Who Should Do What in European and International Law?, Bloomsburry, 2018","authors":"M. Scholten","doi":"10.7590/187479818x15481611819903","DOIUrl":"https://doi.org/10.7590/187479818x15481611819903","url":null,"abstract":"","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133552464","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}
{"title":"Armin von Bogdandy, Peter Michael Huber and Sabino Cassese (eds.), The Administrative State, Volume I, The Max Planck Handbooks in European Public Law, Oxford University Press, 2017","authors":"Natasa Athanasiadou","doi":"10.7590/187479818X15481611819912","DOIUrl":"https://doi.org/10.7590/187479818X15481611819912","url":null,"abstract":"","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"155 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133269872","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}
{"title":"Hidden Signposts: The Normative Framework of the EU E-Customs Initiative","authors":"E. Tauschinsky","doi":"10.7590/187479818x15481611819921","DOIUrl":"https://doi.org/10.7590/187479818x15481611819921","url":null,"abstract":"The Union Customs Code and its Delegated and Implementing Acts have established the framework for a digital customs administration. With these measures, one of the first areas of EU administration has been digitalised. However, in the myriad technical documents accompanying this process,\u0000 it is easy to lose sight of the normative framework which is supposed to guide the digitalisation process and is necessary to hold those responsible to account. This paper examines the legal documents surrounding the establishment of the EU e-customs regime for the values and norms\u0000 which are set to shape the digitalisation effort. It draws out the normative framework that is implicit in the legal acts. The resulting picture presents customs digitalisation as situated between the EU search for uniformity and efficiency, normative orientation towards market participants'\u0000 needs and Member State powers over the implementation process. However, these values appear under-conceptualised, which restricts their normative force. Secondly, important administrative values such as equality, transparency and participation are referred to only sporadically if at all within\u0000 the documents. In addition, the regime appears oblivious to the guiding (instead of only limiting) potential of data management. If this is where e-government at the European level is heading, there is clear room for improvement.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122373182","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}