Chapter

Towards a Draft Common Frame of Reference for Public Law?

Jan H Jans

in From Single Market to Economic Union

Published in print June 2012 | ISBN: 9780199695706
Published online September 2012 | e-ISBN: 9780191741302 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199695706.003.0018
Towards a Draft Common Frame of Reference for Public Law?

Show Summary Details

Preview

This chapter argues that a general codification and harmonization of the substantive administrative law of the Member States is not to be expected in the short or medium term. This does not mean that harmonization is not occurring. It is piecemeal rather than across the board or, as has previously been referred, harmonization by bits and pieces. These harmonized rules are not intended to serve as ready-made substitutes for national rules but can rather be regarded as ground rules within which national administrative law systems can continue to manifest themselves. It may be expected that these ground rules will prove very suitable for judicial dialogue and judicial competition and that further convergence of administrative law in the EU Member States will take place via this back door. Finally, the need for ‘internal harmonization’ of these European bits and pieces via the back door is discussed, and initiatives for harmonization of European private law (DCFR) and the potential of the Open Method of Coordination in this respect are considered.

Keywords: harmonization; DCFR; administrative law; EU Member States; national rules

Chapter.  7988 words. 

Subjects: EU Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.