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

Paul P. Craig 

University of Oxford - Faculty of Law
July 26, 2013

(2013) 19 European Public Law 503 
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.

Number of Pages in PDF File: 25

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

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2298610