Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law
<p>When discussing the influence of Community law on national law the attention often focuses on (removing) conflicts of special national provisions with European law in concrete situations. In this article, however, a different, proactive facilitating approach is chosen, focusing on general a...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Babes-Bolyai University, Cluj-Napoca
2008-02-01
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| Series: | Transylvanian Review of Administrative Sciences |
| Subjects: | |
| Online Access: | https://rtsa.ro/tras/index.php/tras/article/view/374 |
| _version_ | 1797262754870984704 |
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| author | Paul ADRIAANSE Tom BARKHUYSEN Willemien DEN OUDEN Ymre SCHUURMANS |
| author_facet | Paul ADRIAANSE Tom BARKHUYSEN Willemien DEN OUDEN Ymre SCHUURMANS |
| author_sort | Paul ADRIAANSE |
| collection | DOAJ |
| description | <p>When discussing the influence of Community law on national law the attention often focuses on (removing) conflicts of special national provisions with European law in concrete situations. In this article, however, a different, proactive facilitating approach is chosen, focusing on general administrative law especially as a facilitating instrument for the effective implementation of European law in a broad sense: the ‘PF-method’. The central question is whether by means of general provisions of administrative law, in a proactive way, even without European law forcing to this, the legal implementation, application and enforcement of European law may be simplified and facilitated. Four topics are studied in depth: ‘fact-finding in administrative law proceedings’, ‘recovering state aid granted in breach of EC law’, ‘the division of liabilities for breach of Community law among various national authorities involved’ and ‘the embedding of the preliminary proceedings in the national law of administrative procedure’. Solutions found with regard to Dutch general administrative law may provide inspiration for other member states in search of new or alternative possibilities for implementing EC law as effectively as possible.</p> |
| first_indexed | 2024-03-11T11:48:25Z |
| format | Article |
| id | doaj.art-feec608fd35d470dad7632aec1d7b35e |
| institution | Directory Open Access Journal |
| issn | 1842-2845 |
| language | English |
| last_indexed | 2024-04-25T00:02:09Z |
| publishDate | 2008-02-01 |
| publisher | Babes-Bolyai University, Cluj-Napoca |
| record_format | Article |
| series | Transylvanian Review of Administrative Sciences |
| spelling | doaj.art-feec608fd35d470dad7632aec1d7b35e2024-03-14T07:28:35ZengBabes-Bolyai University, Cluj-NapocaTransylvanian Review of Administrative Sciences1842-28452008-02-01422533390Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative LawPaul ADRIAANSE0Tom BARKHUYSEN1Willemien DEN OUDEN2Ymre SCHUURMANS3Assistant Professor, Department of Public Law, Subdepartment of Constitutional and Administrative Law, Faculty of Law, Leiden University, The NetherlandsFull Professor, Head of Subdepartment, Department of Public Law, Subdepartment of Constitutional and Administrative Law, Faculty of Law, Leiden University, The NetherlandsFull Professor, Department of Public Law, Subdepartment of Constitutional and Administrative Law, Faculty of Law, Leiden University, The NetherlandsAssistant Professor, Department of Public Law, Subdepartment of Constitutional and Administrative Law, Faculty of Law, Leiden University, The Netherlands<p>When discussing the influence of Community law on national law the attention often focuses on (removing) conflicts of special national provisions with European law in concrete situations. In this article, however, a different, proactive facilitating approach is chosen, focusing on general administrative law especially as a facilitating instrument for the effective implementation of European law in a broad sense: the ‘PF-method’. The central question is whether by means of general provisions of administrative law, in a proactive way, even without European law forcing to this, the legal implementation, application and enforcement of European law may be simplified and facilitated. Four topics are studied in depth: ‘fact-finding in administrative law proceedings’, ‘recovering state aid granted in breach of EC law’, ‘the division of liabilities for breach of Community law among various national authorities involved’ and ‘the embedding of the preliminary proceedings in the national law of administrative procedure’. Solutions found with regard to Dutch general administrative law may provide inspiration for other member states in search of new or alternative possibilities for implementing EC law as effectively as possible.</p>https://rtsa.ro/tras/index.php/tras/article/view/374implementationeuropean communitylawadministrative lawauthority |
| spellingShingle | Paul ADRIAANSE Tom BARKHUYSEN Willemien DEN OUDEN Ymre SCHUURMANS Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law Transylvanian Review of Administrative Sciences implementation european community law administrative law authority |
| title | Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law |
| title_full | Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law |
| title_fullStr | Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law |
| title_full_unstemmed | Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law |
| title_short | Effective Implementation of European Community Law. A Facilitating Role of Dutch General Administrative Law |
| title_sort | effective implementation of european community law a facilitating role of dutch general administrative law |
| topic | implementation european community law administrative law authority |
| url | https://rtsa.ro/tras/index.php/tras/article/view/374 |
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