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ix | |
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xv | |
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xxii | |
Introduction |
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1 | (8) |
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1 Reasons behind the research |
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1 | (1) |
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2 | (3) |
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3 Methodology and research goals |
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5 | (3) |
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8 | (1) |
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I Administrative remedies and the autonomy of EU administrations |
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9 | (25) |
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1 Administrative remedies and the direct execution of EU law |
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9 | (3) |
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2 The autonomy of EU administrations: a brief outline |
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12 | (6) |
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2.1 Legislation, accountability and bureaucracy |
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13 | (4) |
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2.2 The role of the EU judiciary |
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17 | (1) |
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3 The autonomy of EU administrations and disputes with private parties |
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18 | (2) |
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4 Administrative remedies and models of administration |
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20 | (5) |
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4.1 `Implementation' and `adjudication' |
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21 | (3) |
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4.2 Completion of the conceptual framework |
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24 | (1) |
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5 Classification of administrative remedies vis-a-vis EU administrations |
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25 | (4) |
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6 Clarifications on the investigation criteria |
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29 | (1) |
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7 The autonomy of EU administrations and administrative remedies |
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30 | (4) |
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34 | (38) |
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34 | (2) |
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36 | (15) |
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2.1 Proceedings of general application |
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36 | (2) |
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2.2 Proceedings of specific application: examples |
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38 | (5) |
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2.3 Internal review of technical and scientific assessments: examples |
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43 | (2) |
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2.4 Internal review under the Aarhus Regulation |
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45 | (3) |
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48 | (3) |
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3 Convergences: structural and functional profiles |
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51 | (4) |
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4 Internal review and the Lisbon Treaty |
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55 | (10) |
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4.1 Article 298 TFEU and Article 41(2) CFR: effectiveness and efficacy of internal review |
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55 | (4) |
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4.2 Article 47 CFR: right of access to justice and internal review |
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59 | (6) |
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5 An alternative model for internal review: the functions of Hearing Officers in EU competition law |
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65 | (2) |
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6 Internal review and the autonomy of EU administrations |
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67 | (5) |
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III Appeals to the Commission against decisions of EU agencies |
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72 | (31) |
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72 | (2) |
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74 | (7) |
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2.1 Decentralised agencies |
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74 | (4) |
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78 | (3) |
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3 Origins and distinctive features of the appeal to the Commission |
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81 | (7) |
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3.1 Development of the institutional context |
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81 | (3) |
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3.2 Features of the remedy |
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84 | (4) |
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4 Article 263(5) TFEU and administrative remedies against the acts of agencies |
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88 | (6) |
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88 | (2) |
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4.2 A judicial interpretation |
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90 | (2) |
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92 | (2) |
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5 Current state of the appeal to the Commission |
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94 | (6) |
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5.1 Decentralised agencies |
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94 | (4) |
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98 | (2) |
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6 The appeal to the Commission and the autonomy of EU agencies |
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100 | (3) |
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IV Administrative review before the EU agencies' Boards of Appeal |
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103 | (54) |
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1 Boards of Appeal: types and constitutional basis |
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103 | (4) |
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2 Distinctive features of EU Boards of Appeal |
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107 | (5) |
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3 The quasi-judicial nature of Boards of Appeal |
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112 | (3) |
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4 Proceedings before Boards of Appeal |
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115 | (13) |
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4.1 Standing and entitled parties |
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116 | (2) |
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4.2 Terms, conditions and procedures for lodging appeals; decisions subject to appeal |
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118 | (4) |
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4.3 Effects of the appeal |
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122 | (2) |
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124 | (4) |
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5 Scope and intensity of the review before EU agencies' Boards of Appeal |
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128 | (18) |
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5.1 The notice of appeal and the decision-making powers of Boards of Appeal |
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130 | (3) |
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5.2 Questions of law and fact |
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133 | (3) |
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5.3 Review of technical issues and substitutive powers: between adjudication and implementation |
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136 | (10) |
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6 Boards of Appeal, protection of private interests and autonomy of agencies |
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146 | (11) |
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V Complaints to the European Ombudsman |
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157 | (33) |
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1 Constitutional basis and distinctive features |
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157 | (7) |
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164 | (8) |
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2.1 Admissibility requirements |
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164 | (5) |
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2.2 Content and issues that can be raised |
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169 | (3) |
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3 `The Ombudsman's scope and investigative powers |
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172 | (1) |
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4 Quality and intensity of review: beyond legality |
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173 | (5) |
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5 Type and effects of decisions: adjudication, implementation and regulation |
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178 | (7) |
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6 The Ombudsman's powers and the autonomy of European administrations |
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185 | (5) |
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VI Administrative remedies and personal data processing |
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190 | (31) |
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190 | (3) |
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2 Complaints to the European Data Protection Supervisor |
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193 | (9) |
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2.1 The complaint procedure |
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193 | (3) |
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2.2 Functional and factual aspects |
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196 | (4) |
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2.3 Complaints to the EDPS and administrative autonomy |
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200 | (2) |
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3 Administrative protection vis-a-vis Europol personal data processing |
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202 | (7) |
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3.1 The Europol Decision and appeals to the Joint Supervisory Body |
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203 | (4) |
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3.2 The Europol Regulation and complaints to the EDPS |
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207 | (2) |
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4 The evolution of Eurojust within the EU data protection system |
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209 | (10) |
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4.1 Appeals before the Joint Supervisory Body. Regulation, cases and problems |
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213 | (3) |
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4.2 The 2018 Euro just Regulation and prospects for personal data protection |
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216 | (3) |
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219 | (2) |
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VII Accountability, transformative tensions and the need for constitutionalisation |
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221 | (46) |
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221 | (1) |
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2 Administrative remedies and the accountability of EU administrations |
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222 | (8) |
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2.1 Administrative remedies and the emergence of disputes in EU law |
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222 | (2) |
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2.2 Political direction and control |
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224 | (3) |
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227 | (3) |
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3 Administrative remedies and EU courts |
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230 | (19) |
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3.1 Administrative remedies and access to judicial review |
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232 | (6) |
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3.2 Administrative and judicial protection, between `separation' and `contamination' |
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238 | (6) |
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3.3 The influence of EU courts on the administrations' autonomy in resolving conflicts with private parties |
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244 | (5) |
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4 Tensions and possible developments |
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249 | (9) |
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4.1 Internal review and the influence of New Public Management |
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249 | (3) |
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4.2 The Boards of Appeal within EU agencies |
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252 | (4) |
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4.3 Administrative remedies provided for in the Treaty |
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256 | (2) |
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5 Administrative remedies and the uncertainty regarding the rights of private parties |
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258 | (2) |
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6 Towards the constitutionalisation of administrative remedies |
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260 | (7) |
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260 | (1) |
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6.2 A possible role for the legislature |
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261 | (3) |
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6.3 The role of the CJEU and legal scholarship |
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264 | (3) |
Index |
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267 | |