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National administrative procedures in a European perspective: pathways to a slow convergence

Harlow, Carol and Rawlings, Richard (2010) National administrative procedures in a European perspective: pathways to a slow convergence. Italian Journal of Public Law, 2 . pp. 215-258. ISSN 2239-8279

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Abstract

This paper looks at the evolution of principles and rules of administrative procedure in the European Union and their implications for national systems of administrative law. Section 1 treats the development of 'general principles of administrative procedure' by the Luxembourg Courts. Section 2 deals with problems of conflicts which may arise when procedural principles of administrative law gain the status of a fundamental human right, with special reference to the European Convention on Human Rights. Section 3 turns to the 'soft law' principles of good administration promulgated by the European Ombudsman in his Code of Good Administrative Behaviour. Section 4 looks briefly at the increasing volume of sector-specific regulation by the EU, which often directly imposes procedural requirements on national administrations. Section 5 covers horizontal EU requirements in respect of access to information and privacy. The authors foresee a gradual convergence of national procedural requirements, concluding that a gradual approach will prove more effective in the long run than codification at EU level or other attempts at formal procedural harmonisation.

Item Type: Article
Official URL: http://www.ijpl.eu/home
Additional Information: © 2010 Italian journal of public law
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 17 Mar 2011 12:57
URL: http://eprints.lse.ac.uk/33345/

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