engleski

Procedural rights of the parties in Croatian and European administrative procedure –lack of one common administrative procedure? is regulation on administrative procedure necessary in the EU?

The result of expanding jurisdiction of the European Union (hereinafter: EU) is not only the increment in number of sectors in which special administrative procedures are enforced, but also the increase in number of corresponding bodies and agencies. The current state is: incoordination, lack of uniformity and absence of codified procedural rules which makes it difficult for the EU citizens to easily and completely understand their administrative rights and contributes to deterioration of their legal protection. This is not in accordance with the Charter of Fundamental Rights of the European Union, which guarantees its citizens the right to good administration (Article 41). The authors consider that the standardization of the sectorial administrative rules would lead to simplification and rationalisation of the administrative procedures. European Administrative Law is developed through the practice of the Court of Justice of the EU that has formulated a series of general administrative principles to be followed in order for administrative procedures to maintain their legitimacy. Nevertheless, we consider the legislator to be the one who determines clear procedural rules thus contributing to legal safety and predictability. The first step toward efficient administrative decision-making processes of the European administration is to norm the administrative procedures. Despite the national states common endeavour to remove the administrative barriers, fundamental and modern administrative law principles must be effective and equivalent in the EU law. Questioning of the need for codification of the Law of administrative procedure of the European Union has, therefore, become even more relevant. However, the question that constantly arises is whether the regulation on common administrative procedure is necessary in the EU legislation and if so to which extent. The necessity to regulate the minimum of common procedural standards and principles of good administration along with the procedures of EU institutions when resolving individual cases of physical and legal persons is emphasised by the European Parliament Resolution of 15th January 2013 with recommendations to the Commission on the Law of Administrative Procedure of the European Union (2012/2024(INL)). In addition, we emphasize the legal basis contained in the Article 298 (1) of the Treaty on the Functioning of the European Union. Pursuant to the aforementioned provisions, the institutions, bodies, offices and agencies of the Union in the performance of their duties have the support of an open, efficient and independent European administration. In short, the results of the public consultation on the European Union's administrative law will be reviewed.

EU ; procedural rights ; sectoral procedures ; (European) administrative procedure ; administrative principles

nije evidentirano