Handbuch des Verwaltungsrechts. Группа авторов

Handbuch des Verwaltungsrechts

The relevant instruments and mechanisms must be and have been provided for in EU law in great and sophisticated detail, and the EU also uses soft law instruments not provided therein (par. 45–47). 12. The decentralised implementation of EU law has brought about massive and profound changes in national administration. In addition to institutional modifications, this has entailed considerable shifts in the way national administrative activities are conducted. To achieve these structural changes, Union law makes use of a number of legislative instruments (par. 48). 13. Common administrative law forcefully changes national administrative law, a transformation that manifests itself also in fundamental institutional shifts, which alter the domestic administrative organisation as well as the way administrative tasks are performed and conceived (par. 49–51). 14. General principles of EU administrative law place uniform demands on administrative implementation. These demands result from a common set of fundamental procedural standards in the national (constitutional) legal systems (cf. Art. 6 [3] TEU), which are also reflected in the ECHR and do not prevent concretisation by the EU legislature (par. 52–56). 15. Common administrative law increases proceduralisation, participation, subjectification, and institutional diversification in national administrative law. However, in the absence of Union law, their concrete consequences are often not defined in detail, to the detriment of legal clarity. The contours of EU modifications to domestic rules and procedures often remain arcane, unless the ECJ or the EU legislature clarify them (par. 57–58). 16. Continuing challenges for Union administrative law remain strengthening democratic control and ensuring effective legal protection, especially in view of the cooperative structures and the entanglement of EU and national law (par. 59).

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