ReNEUAL Research Network on EU Administrative Law

Draft Model Rules for EU Administrative Procedures – History, Concept, Principles and Scope

Book I – General Provisions

Presentation for the

EU Ombudsman / ReNEUAL conference

EU Administrative Procedures –

The ReNEUAL Draft Model Rules 2014

Brussels, May 19-20th 2014

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Prof. Jens-Peter SchneiderUniversity of Freiburg i. Brsg.

Prof. Jacques ZillerUniversity of Pavia

ReNEUAL Research Network on EU Administrative Law

ReNEUAL DMR – History 2009/10: Founding of ReNEUAL

establishment of 4 working groups which organized several workshops financed by university budgets and various research funds (Spain, Germany, Luxembourg, Italy)

ReNEUAL Conference 2012 Towards an EU administrative procedure law? – Concepts and structure hosted by the European Ombudsman in Brussels (March 2012)

Joint Conference of ReNEUAL with the Association of the Councils of State and Supreme administrative jurisdictions of the EU (ACA-Europe)

Food safety: coordinating European and national powers, and judicial review of rulings in this area hosted by the European Food Safety Agency in Parma (April 2013)

ReNEUAL Conference June 2013 in Luxembourg internal discussion of 1st tentative draft model rules 2013

European Law Institute (ELI) Project Conference September 2013 Project session III: Towards Restatement and Best Practices Guidelines on EU Administrative Procedural Law

Workshop organised by the Centre for Judicial Cooperation of the European University Institute (EUI) (Feb. 2014)

in collaboration with the European Law Institute and ReNEUAL Model Laws for EU Administrative Law – A discussion on ReNEUAL Project Results

ReNEUAL Conference 2014 EU Administrative Procedures – Presenting and Discussing the ReNEUAL Draft Model Rules 2014 hosted by the European Ombudsman in Brussels (May 2014)

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ReNEUAL Research Network on EU Administrative Law

ReNEUAL DMR – Concept

Draft Model Rules on EU Administrative Procedures constitutional values translated into rules on administrative procedure

rule of law and democratic legitimation effective and efficient implementation of EU law effective protection of individual rights

Innovative codification based on comparative studies concerning

areas of EU law national APAs

as an academic project Draft model rules as an intellectual exploration of legislative options (!!) for the future current limits of legislative competences should not limit innovative thinking collaborative drafting as an inspiring challenge intense cooperation with legal practitioners

and the European Parliament resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2012/2024(INI))

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ReNEUAL Research Network on EU Administrative Law

ReNEUAL DMR – Legal Bases for Codification

Discussion mainly focused until now on art. 298 TFEU:„In carrying out their missions, the institutions, bodies, offices and agencies of

the Union shall have the support of an open, efficient and independent European administration.

“In compliance with the Staff Regulations and the Conditions of Employment adopted on the basis of Article 336, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish provisions to that end.”

? Appropriate for general codification for EU institutions, bodies, offices and agencies?

? Possible basis for codification of procedures involving Member States’ authorities?

? Limitations due to other legal bases for transversal codification or for sector specific codification?

Choices made by ReNEUAL for the scope of applications of Books II-IV and Books V-VI

“the problem of the appropriate legal basis is not a precondition to the academic drafting of procedural rules and that the discussion on the content of those rules should not be pre-empted by the discussion on the legal basis” 4

ReNEUAL Research Network on EU Administrative Law

The overall structure of the draft model rules 2014

Book I – General provisions

Book II – Administrative Rulemaking

Book III – Unilateral Single Case Decision-Making

Book IV – Contracts

Book V – Mutual Assistance

Book VI – (inter-)Administrative Information Management

Each book: Introduction – DMR – Explanations (not finalised)

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ReNEUAL Research Network on EU Administrative Law

Book I – General Provisions Preamble refering to relevant legal principles

I-1: Scope of application ReNEUAL Conference 2013: 2 Alternatives

comprehensive approach direct / indirect / shared implementation of EU law

restricted approach with opt-in Re-drafted after various dicusions

applicable to EU authorities Generally not applicable to Member States´ authorities (compare Books II, III, IV) Books V and VI applicable to EU & MS authorities (+ legislative opt-in option)

I-2: Relation to sector specific norms of the European Union draft model rules as the generally applicable standard primacy of sector-specific rules

I-3: Relation to Member State´s law DMR as guidance / point of reference / …

I-4 Definitions

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ReNEUAL Research Network on EU Administrative Law

Draft Model Rules for EU Administrative Procedures – History, Concept, Principles and Scope

Book I – General Provisions

Presentation for the

EU Ombudsman / ReNEUAL conference

EU Administrative Procedures –

The ReNEUAL Draft Model Rules 2014

Brussels, May 19-20th 2014

7

Prof. Jens-Peter SchneiderUniversity of Freiburg i. Brsg.

Prof. Jacques ZillerUniversity of Pavia