Single case decision-making procedures Book III – Single Case Decision -Making

3
ReNEUAL Resea rch N etw ork on EU Adm inistra tive Law ReNEUAL Resea rch N etw ork on EU Adm inistra tive Law ReNEUAL Resea rch N etw ork on EU Adm inistra tive Law ReNEUAL Resea rch N etw ork on EU Adm inistra tive Law Single case decision-making procedures Book III – Single Case Decision-Making Presentation for the EU Ombudsman / ReNEUAL conference EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May 19-20 th 2014 1 Prof. Giacinto della Cananea University of Rome II Prof. Oriol Mir University of Barcelona

description

Prof. Giacinto della Cananea University of Rome II Prof. Oriol Mir University of Barcelona. Single case decision-making procedures Book III – Single Case Decision -Making. Presentation for the EU Ombudsman / ReNEUAL conference EU Administrative Procedures – - PowerPoint PPT Presentation

Transcript of Single case decision-making procedures Book III – Single Case Decision -Making

Page 1: Single case decision-making procedures  Book III  – Single Case Decision -Making

ReNEUAL Research Network on EU Administrative Law

Single case decision-making procedures

Book III – Single Case Decision-Making

Presentation for the

EU Ombudsman / ReNEUAL conference

EU Administrative Procedures –

The ReNEUAL Draft Model Rules 2014

Brussels, May 19-20th 2014

1

Prof. Giacinto della CananeaUniversity of Rome II

Prof. Oriol MirUniversity of Barcelona

Page 2: Single case decision-making procedures  Book III  – Single Case Decision -Making

ReNEUAL Research Network on EU Administrative Law

Book III – Overall concept and structure

Overall concept of Book III Administrative procedures ending with a decision

Only EU administrative procedures To MS procedures only if and insofar as EU sector-specific

law renders Book III applicable

Procedural approach

Parties to the proceedings

The structure of Book III Ch. 1 – General provisions

Ch. 2 – Initiation and management of procedures

Ch. 3 – Gathering of information and law of evidence

Ch. 4 – Right to a hearing and inter-administrative consultations

Ch. 5 – Conclusion of the procedure 2

Page 3: Single case decision-making procedures  Book III  – Single Case Decision -Making

ReNEUAL Research Network on EU Administrative Law

Book III – Concrete issues

Finding the right balance Between detailed rules and general principles

Between procedural rights and administrative efficiency

A selection of concrete issues Impartiality

Responsible official

Mandatory time-limit to adopt a decision

Inspections

Right to be heard in composite procedures

Rectification and withdrawal of decisions

3