European Administrative frame and its developments

• Author: Besim Halimi
• Pages: 67-71

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 1 No. 1

January 2017

ISSN 2519-1284

Acces online at www.iipccl.org

67

European Administrative frame and its developments

Besim Halimi

Abstract

The object of this paper is the implementation of administrative European law and the role

it plays in the legislation of member states. Considering the future prospects it is possible

to predict the trend towards wri en and codifi ed European laws. The interaction between

unwri en legal principles and administrative law, as it exists in national law, can be identifi ed

in community law. This is one of the peculiarities of administrative law in general that appeared

more o en in unwri en legal principles form, developed by the courts. At a certain stage,

they are transformed into an administrative wri en law. Furthermore, the general principles

of administrative law can be used even when deviant opinions about management occur

between old and new Member States, except for those related to the fulfi llment of possible

gaps. Main purpose of the paper is to answer this question: What is the space that the European

administrative law occupies in the internal legislation of each Member State?

The methodology is based on judicial practice and court decisions in di erent countries.

Keywords: European Union, rights, freedom, law, administrative principles.

Introduction

By analyzing the division of competences in the fi eld of administrative law in the EU

system is evident that there are not signifi cant changes from the current legal system

of the Member States. In general, Member States are responsible for implementing EU

law, with the exception of some restricted areas that are managed directly. Therefore,

the administration is generally led by legal rules and principles of the Member States.

The European Court of Human Rights has restricted this general rule in two ways:

- First, the indirect execution of European law should not lead to di erent treatment

compared with the application of national law.

- Second, the scope of European law during its implementation should not be

distorted. Even the Dra Constitution of the European Union1 did not change the

traditional rules of the European administration. Considering that it does not create

any new administrative authority, the general rule of Article 9 paragraph 2 has to be

applied. A er that, "powers not given to the European Union in its constitution remain

at the Member States". In addition, as mentioned above, the general principles of

interpretation developed by the European Court of Justice will apply in accordance

with Article IV in the future. The dra constitution contained an innovation in Section

185 of Section III, which explicitly regulates the process of administrative cooperation

within the EU. Administrative cooperation will be considered more important than

ever for a Union of twenty-fi ve (now 28) Member States, in order to ensure the

internal coherence of the EU. Problems arising from di erences between Member

1 In 2009, EU a empted to adopt a European Constitution, but it was not voted by all states. There-

fore it remained only as a project.