European Administrative frame and its developments

AuthorBesim Halimi
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 1 No. 1
January 2017
ISSN 2519-1284
Acces online at
European Administrative frame and its developments
Besim Halimi
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 codi ed European laws. The interaction between
unwri en legal principles and administrative law, as it exists in national law, can be identi 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 ful 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.
By analyzing the division of competences in the eld of administrative law in the EU
system is evident that there are not signi 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 Union1 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- 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.

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