A General Law on Administrative Procedure, Legislative Competence and Judicial Competence

(2013) 19 European Public Law 503

Oxford Legal Studies Research Paper No. 76/2013

26 Pages Posted: 27 Jul 2013

See all articles by Paul P. Craig

Paul P. Craig

University of Oxford - Faculty of Law

Date Written: July 26, 2013

Abstract

The desirability having a general law on administrative procedure in the European Union has been debated in the past and has now come back on the agenda, in part at least because of support from the Committee on Legal Affairs of the European Parliament. If such a law, or something equivalent thereto, is developed there will be a range of issues to address concerning its scope and content. This article considers the rationale for such an instrument, and the type of subject matter that might be included. The principal focus is however on the logically prior issue as to the competence to enact such an instrument. This was questioned in the pre-Lisbon world, and question marks remain post-Lisbon. It will be seen moreover that resolution of this question raises interesting and important issues concerning the relationship between legislative and judicial competence within the EU.

Keywords: administrative procedure, competence, judicial competence, legislative competence

Suggested Citation

Craig, Paul P., A General Law on Administrative Procedure, Legislative Competence and Judicial Competence (July 26, 2013). (2013) 19 European Public Law 503; Oxford Legal Studies Research Paper No. 76/2013. Available at SSRN: https://ssrn.com/abstract=2298610

Paul P. Craig (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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