The European Competition Networkin the European Administrative System: Theoretical Concerns

The public administration of the European Union (EU) is a sui generis multi-level structure under constant development. After five decades of successful functioning, the European Union still lacks a coherent and comprehensive set of codified rules of administrative procedure at all levels. The exist...

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Main Author: Erzsébet Csatlós
Format: Article
Language:English
Published: University of Warsaw 2018-09-01
Series:Yearbook of Antitrust and Regulatory Studies
Subjects:
Online Access:https://www.yars.wz.uw.edu.pl/yars2018_11_17/53.pdf
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author Erzsébet Csatlós
author_facet Erzsébet Csatlós
author_sort Erzsébet Csatlós
collection DOAJ
description The public administration of the European Union (EU) is a sui generis multi-level structure under constant development. After five decades of successful functioning, the European Union still lacks a coherent and comprehensive set of codified rules of administrative procedure at all levels. The existing acquis related to European administration and administrative procedures is fragmented, sector specific and although it is based on the constitutional principles of the democratic traditions of its Member States, such coincidence is often insufficient for the present requirements of good administration. The EU basically relies on indirect administration, while a growing number of cooperation forms exists of the competent authorities that aims to ensure efficacy of execution and to overcome diversity of non-harmonised legal areas. The aim of this paper is to place the European Competition Network (ECN) in this structure, explore and examine its legal nature as it is probably the most advanced example for such cooperation.The ECN incorporates and reveals the major procedural law questions of European administration; it is a rather successful form of cooperation, and although its core issues fail to correspond to the fundamental requirements of European administrative procedures, there seem to be positive changes in the evaluation of soft law and the functioning of the system.
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spelling doaj.art-04a680a883384b62905ad27111469bc32022-12-22T02:16:51ZengUniversity of WarsawYearbook of Antitrust and Regulatory Studies1689-90242545-01152018-09-011117537410.7172/1689-9024.YARS.2018.11.17.3The European Competition Networkin the European Administrative System: Theoretical ConcernsErzsébet Csatlós0Department of Public Administrative Law, Faculty of Law and Political Science, University of SzegedThe public administration of the European Union (EU) is a sui generis multi-level structure under constant development. After five decades of successful functioning, the European Union still lacks a coherent and comprehensive set of codified rules of administrative procedure at all levels. The existing acquis related to European administration and administrative procedures is fragmented, sector specific and although it is based on the constitutional principles of the democratic traditions of its Member States, such coincidence is often insufficient for the present requirements of good administration. The EU basically relies on indirect administration, while a growing number of cooperation forms exists of the competent authorities that aims to ensure efficacy of execution and to overcome diversity of non-harmonised legal areas. The aim of this paper is to place the European Competition Network (ECN) in this structure, explore and examine its legal nature as it is probably the most advanced example for such cooperation.The ECN incorporates and reveals the major procedural law questions of European administration; it is a rather successful form of cooperation, and although its core issues fail to correspond to the fundamental requirements of European administrative procedures, there seem to be positive changes in the evaluation of soft law and the functioning of the system.https://www.yars.wz.uw.edu.pl/yars2018_11_17/53.pdfeuropean administrationcooperationpublic authorityecnsoft law
spellingShingle Erzsébet Csatlós
The European Competition Networkin the European Administrative System: Theoretical Concerns
Yearbook of Antitrust and Regulatory Studies
european administration
cooperation
public authority
ecn
soft law
title The European Competition Networkin the European Administrative System: Theoretical Concerns
title_full The European Competition Networkin the European Administrative System: Theoretical Concerns
title_fullStr The European Competition Networkin the European Administrative System: Theoretical Concerns
title_full_unstemmed The European Competition Networkin the European Administrative System: Theoretical Concerns
title_short The European Competition Networkin the European Administrative System: Theoretical Concerns
title_sort european competition networkin the european administrative system theoretical concerns
topic european administration
cooperation
public authority
ecn
soft law
url https://www.yars.wz.uw.edu.pl/yars2018_11_17/53.pdf
work_keys_str_mv AT erzsebetcsatlos theeuropeancompetitionnetworkintheeuropeanadministrativesystemtheoreticalconcerns
AT erzsebetcsatlos europeancompetitionnetworkintheeuropeanadministrativesystemtheoreticalconcerns