Book II - Administrative Rulemaking
ReNEUAL Model Rules on EU Administrative Procedure Book II – Administrative Rulemaking, 2014
43 Pages Posted: 20 Jun 2017
Date Written: 2014
Book II aims to fill a gap in the existing legal system of the EU. It links the provisions, general principles of law and values arising from primary law with the procedure for adoption of non-legislative acts of general application. Progressively over the past decades, a set of constitutional values emerged as general principles of law both in the case law of the CJ and in (incremental) Treaty amendments. Such principles have until now mainly shaped the EU’s institutional structures and decision-making procedures with regard to the EU’s formalised legislative procedure. Rule-making outside of legislative procedures, the subject matter of this book, has arguably been much less influenced by these constitutional principles. The implementation of such principles is, in any event, scattered across single provisions in some but not all policy areas. The provisions of this book are designed to ensure their systematic infusion into non-legislative rule-making more generally.
Keywords: non-legislative rule-making; constitutional principles; administrative law
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