Non-Judicial Remedies and EU Administration: Protection of Rights versus Preservation of Autonomy

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Paola Chirulli Luca De Lucia

Non-Judicial Remedies and EU Administration

Protection of Rights versus Preservation of Autonomy

Paola Chirulli, Luca De Lucia

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English

Routledge
26 September 2022

Politics & government; Systems of law; Law & society; Civil procedure, litigation & dispute resolution

Series: Routledge-Giappichelli Studies in Law

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon.

The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

By: Paola Chirulli, Luca De Lucia
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 480g
ISBN: 9780367682972
ISBN 10: 0367682974
Series: Routledge-Giappichelli Studies in Law
Pages: 296
Publication Date: 26 September 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

Chapter I Administrative remedies and the autonomy of EU administrations Chapter II Internal review Chapter III Appeals to the Commission against decisions of EU agencies Chapter IV Administrative Review before the EU Agencies’ Boards of Appeal Chapter V Complaints to the European Ombudsman Chapter VI Administrative remedies and personal data processing Chapter VII Administrative remedies: accountability, transformative tensions and the need for constitutionalisation

Paola Chirulli is Professor of Italian and European administrative law at the University of Rome ‘La Sapienza’. Luca De Lucia is Professor of Italian and European administrative law at the University of Salerno.