The workshop will consider how the fragmentation of Europe’s administrative order into a multitude of different authorities, jurisdictions, and legal orders affects the possibilities to ensure that administrative power in the EU is kept under control, and that its accountability is ensured in all its forms – political, judicial, or legal.
The European Union’s administrative system raises unique constitutional and legal problems. It is characterized by cooperative links that can be both vertical – between national and EU authorities – and horizontal – between national authorities amongst themselves. This is visible in how the different levels exchange information, ever more frequently with the use of new technologies; in how joint decision-making procedures are established; and in how new administrative bodies are created to ensure uniformity in the implementation of policies across the different levels.
Europe’s administrative system is also characterized by the fact that the authorities involved in it belong to different jurisdictions. Their powers are obtained and framed by different legislatures, and those powers’ exercise is subject to the control of different judicial systems. However integrated it may be, European multilevel administration must coexist with the legacy of the paradigm of administrative law left by the nation-state. Historically, administrative law was designed for the control of the exercise of public power by national authorities, albeit only within the territorial confines of the state. The mechanisms of judicial control and the fundamental procedural rights enshrined in the Treaties are designed only to control the exercise of power by authorities at EU level. The intertwinement of levels of administrative authority in Europe is not necessarily accompanied by new instruments of control and accountability that can accommodate composite forms of administration.
This overview only shows the main programme topics of the day. For the full details of the programme, including a complete overview of speakers, please download the full programme as PDF (link above).
The workshop will take place at the Amsterdam Law School, building REC A, room A3.15.