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El. knyga: Non-Judicial Remedies and EU Administration: Protection of Rights versus Preservation of Autonomy [Taylor & Francis e-book]

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"The increasing number of executive tasks assigned to EU institutions and agencies has resulted in an increase in the demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative review before the Commission of decisions of executive and decentralised agencies; administrative review before boards of appeal of decisions of decentralised agencies; and complaints before the EU Ombudsman and before the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation and case law, as well as the internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system"--

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon.

The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

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

Luca De Lucia is Professor of Italian and European administrative law at the University of Salerno.