Chapter

The Institutionalization of European Administrative Space

Martin Shapiro

in The Institutionalization of Europe

Published in print August 2001 | ISBN: 9780199247967
Published online April 2004 | e-ISBN: 9780191601088 | DOI: http://dx.doi.org/10.1093/019924796X.003.0005
 The Institutionalization of European Administrative Space

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The institutionalization of European administration space is examined through one of the least visible or understudied, but most important, outcomes of integration: the development of administrative law for the European Union (EU). As positive integration came to constitute a central priority for EU organizations, the European Commission’s administrative responsibilities and capacities multiplied, so that it is now expected not only to monitor and enforce compliance with an increasingly dense and technical body of supranational rules but also to determine how that law is to be applied to specific individuals and situations. Neither task could be performed without appropriating a great deal of discretionary authority, and it is argued that, in Western democracies, the problem of controlling rising administrative discretion has inevitably been felt, and has typically been dealt with through the development of judicial mechanisms. Using the American (US) experience as a comparative backdrop, it is shown that once judges require that administrators furnish formal justifications for their actions, the judicial review of the ‘reasonableness’ of administrative acts follows. The author traces how these and other forms of judicial control of the EU’s administrative acts developed through litigation and the rule-making of the European Court of Justice and the Court of First Instance, despite the absence of explicit Treaty of Rome provision, so that the basic foundations of EU administrative law are now in place.

Keywords: administrative acts; administrative discretion; administrative law; Court of First Instance; European administration; European Commission; European Court of Justice; European integration; European Union; institutionalization; judicial control; litigation; rule-making; United States

Chapter.  9700 words. 

Subjects: European Union

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