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Principles of Administrative Procedure in EC Law

Hans Peter Nehl

ISBN13: 9781841130088

ISBN: 1841130087

Published: January 1999

Publisher: Hart Publishing

Country of Publication: UK

Format: Hardback

Price: £95.00

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This text analyzes the development of administrative procedures in EC law. It covers what might be termed the ""constitutionalizing norms"" now emerging, including a range of ""process rights"" and procedural standards, such as the right to access information and the right to be heard.

Subjects:: EU Law

Contents:: Part A Introduction: the quest for and expansion of basic procedural rules in a hetergenic administrative ""system""; judicial procedural review as the catalyst for constitutionalising process principles. Part B Procedural ""good administration"" in EC law: introduction; the significance of ""good administration"" with regard to procedural rules - ""good administration "" as an indeterminate notion, procedural ""good administration"" - the dichotomy of functions underlying process rules; the principle of good administration in the case law of the Community Courts - the ""principle of good administration"" and access to information - the Tradax case, the ""principle of good administration"" and the right to be heard, the ""principle of good administration"" and the principle of care - the IAZ case, the absence of the ""principle of good administration"" in EC law?. Part C Expansion - access to information and the right to be heard: introduction; the right of access to information - competition law as the origin of the Community right to access to information, the dynamic mutation of ""access to information"" into a fundamental process right in competition proceedings; the right to be heard (the audi alteram partem rule) - competition law, anti-dumping law, customs law, administration of the European Social fund, more recent jurisprudence and outlook. Part D Expansion - the principle of care (diligence): introduction; the foundations of the principle of care - a cursory conceptualisation of the principle of care in the early case law, a process principle with a strong connotation of substantive legality, the relationship between ""care"" and administrative investigatory powers, the core justification for the concept of care - administrative discretionary powers, the relationship between the principle of care and the duty to give reasons; the case law on the principle of care - anti-dumping matters - the Nolle cases, general customs matter - the Technische Universitat Munchen and France-Aviation cases, complainants in competition proceedings - the Automec II and Asia Motor France II cases, complainants in state aids proceedings - from Cook to Sytraval; outlook. Part E Conclusion.