Review of European Administrative Law最新文献_第7页

One and Triune – Mutual Recognition and the Circulation of Goods in the EU 一体与三位一体——欧盟内部的相互承认与商品流通

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16007576818771

Luca De Lucia

{"title":"One and Triune – Mutual Recognition and the Circulation of Goods in the EU","authors":"Luca De Lucia","doi":"10.7590/187479820x16007576818771","DOIUrl":"https://doi.org/10.7590/187479820x16007576818771","url":null,"abstract":"This article deals with mutual recognition in relation to the free movement of goods and aims to demonstrate that, as a result of harmonisation policies, this principle is not unitary in its design. Focusing in particular on the role of national authorities (or that of other bodies\u0000 that carry out this same function), it examines three models through which mutual recognition operates. These models are: a) mutual recognition under the Treaty (the European legislator has laid down three different regulations over the years to facilitate the functioning of this mechanism);\u0000 b) transnational administrative authorisations; c) conformity assessments and certifications of conformity issued by notified bodies. This article first highlights how these models protect the free circulation of goods to varying extents and how they are aimed at coordinating different forms\u0000 of pluralism: regulatory, administrative and that of the market. Two legislative developments regarding this subject are then briefly discussed. Finally, after having mentioned some consequences of the harmonisation legislation on the principle of mutual recognition, some observations are\u0000 made about possible research developments in this matter.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116661397","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 precautionary principle and the burden and standard of proof in European and Dutch environmental law 欧洲和荷兰环境法中的预防原则与举证责任和标准

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852274

R. Kegge

引用次数: 1

The Duty of Care in EU Public Law – A Principle Between Discretion and Proportionality 欧盟公法中的注意义务——自由裁量权与相称性之间的原则

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852265

H. Hofmann

引用次数: 1

The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations 从合法期望原则看西班牙行政法的欧洲化

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.2139/ssrn.3679986

Luis Arroyo Jiménez, Gabriel Doménech Pascual

引用次数: 0

Effective Judicial Protection: some recent developments – moving to the essence 有效的司法保护:最近的一些发展-走向本质

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852319

S. Prechal

引用次数: 1

Finding a balance between equal treatment, transparency, and legal certainty when allocating scarce authorisations 在分配稀缺授权时，在平等待遇、透明度和法律确定性之间找到平衡

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852201

A. Drahmann

{"title":"Finding a balance between equal treatment, transparency, and legal certainty when allocating scarce authorisations","authors":"A. Drahmann","doi":"10.7590/187479820X15930701852201","DOIUrl":"https://doi.org/10.7590/187479820X15930701852201","url":null,"abstract":"The Dutch Council of State recently ruled that potential applicants should have the right to compete in a transparent procedure when scarce authorisations are allocated. This right to compete is based on the Dutch principle of equality, and is inspired by the European principles of\u0000 equal treatment and transparency. Until this ruling, most scarce authorisations in the Netherlands were granted for an indefinite period of time, with no transparent allocation procedure. The question which follows is: should these scarce authorisations be withdrawn, or would this be contrary\u0000 to the principle of legal certainty? By looking at the definition of a scarce authorisation and the development of the principles under EU, ECHR and Dutch case law, I conclude that competent authorities are allowed to withdraw the old scarce authorisations ex officio after a transitional period\u0000 or payment of compensation. However, in my opinion, competent authorities are not obliged to withdraw old scarce authorisations, since old scarce authorisations cannot be amended substantially and therefore will become available in due time. In this way, old scarce authorisations remain intact\u0000 for a longer period of time and, therefore, the infringement of the right of property is reduced. In other words, in the end, competent authorities should be allowed to decide what the best option is: either (1) withdrawing the authorisations ex officio after a transitional period or payment\u0000 of compensation or (2) awaiting a request to amend the authorisation – with due regard to the circumstances of the case.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134514613","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

Principle of Proportionality and The Principle of Reasonableness 比例原则与合理性原则

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852292

Filippo Borriello

引用次数: 2

Europeanisation of the Proportionality Principle in Denmark, Finland and Sweden 比例原则在丹麦、芬兰和瑞典的欧洲化

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852283

Henrik Wenander

引用次数: 2

The general principles of EU law and the Europeanisation of national laws 欧盟法律的一般原则和国家法律的欧洲化

Review of European Administrative Law Pub Date : 2020-07-24 DOI: 10.7590/187479820X15930701852193

T. Tridimas

引用次数: 0

Ensuring effective judicial protection in case of ECB decisions based on national law 确保在欧洲央行根据国家法律作出决定的情况下提供有效的司法保护

Review of European Administrative Law Pub Date : 2020-05-26 DOI: 10.7590/187479820X15881424928381

Enrico Gagliardi, L. Wissink

{"title":"Ensuring effective judicial protection in case of ECB decisions based on national law","authors":"Enrico Gagliardi, L. Wissink","doi":"10.7590/187479820X15881424928381","DOIUrl":"https://doi.org/10.7590/187479820X15881424928381","url":null,"abstract":"The centralization of the prudential banking supervision within the EU has been organized via the Single Supervisory Mechanism, through a mechanism existing of the European Central Bank (ECB) and the national supervisors, and embedded in the composite legal order within the EU. The said mechanism required some innovative solutions to ensure effective supervision, including the obligation for the ECB, laid down in Article 4(3) of the SSM Regulation, to apply national law transposing the relevant directives. As a result of this novelty under Union law, the CJEU is facing actions brought before it against ECB decisions based on national law. Therefore, in its review national law is to be assessed as a question of law. The central question in this research is how effective judicial protection can be ensured by the CJEU in such case, considering the limitations to the CJEU’s jurisdiction with respect to national law. The article starts with discussing the recent cases in which the CJEU was asked to review ECB decisions based on national law (Joined Cases C-152/18 P and C-153/18 P Credit mutuel Arkea v ECB & Joined Cases T-133/16 to T-136/16 Caisse regionale de credit agricole mutuel Alpes Provence v ECB), and the legal questions that remain unanswered in this respect. It then explores the CJEU’s approach vis-a-vis national law in other types of legal proceedings. The lessons learned from the latter analysis is subsequently discussed, as well as new ideas to ensure a more effective judicial protection of national law, on which ECB decisions are based, before the CJEU.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131715231","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