Principles of Administrative Procedure in EC Law

(Hardback)

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This book presents an analysis of the recent development of administrative procedures in EC law. It is a pathbreaking study of what might be termed the constitutionalising norms now emerging,including a range of process rights and procedural standards, such as the right to access to information, the right to be heard, the principle of care and duty to state reasons. These new standards are increasingly applied in areas as diverse as competition, State aids, customs matters, anti-dumping and the European Social Fund. Different strands of case-law of the EC courts are thus connected to document the overall evolution of procedural rules peculiar to the EC administrative system as a whole. The author adopts a critical stance, in particular, towards the case-law of the Court of First Instance and points out the increasing pressure being brought to bear on the European Commission in respect of its procedural requirements. Particular emphasis is placed on the concept of care, i.e. the duty to collect and examine the factual and legal points of individual cases impartially and carefully. The book reveals both the theoretical and practical relevance of this principle as a means of both procedural and substantive review and the reasons why it is likely to be misinterpreted by the courts.

Reviews

...there is no question that the author has provided a highly useful and readable account of the present state of EC administrative law which will prove of interest to all public lawyers whether or not their principal focus is on Community law. -- Ivan Hare * Cambridge Law Journal *

Author Bio

Hans Peter Nehl is Research Fellow at the Europa-Kolleg Hamburg and at the University of Hamburg.