Europeanization of administrative law


The Europeanization of national administrative systems under the influence of the European law represents a hot topic within the contemporary European comparative research. Numerous works have addressed this topic in the recent years. Some of these studies are: J.H. Jans, R. de Lange, S. Prechal, R.J.G.M. Widdershoven, Europeanization of Public Law, Europa Law Publishing, Groningen, 2007; F. Snyder, The Europeanizationof Law: The Legal Effects of European Integration, Hart, 2000; D.M. Curtin, R.A. Wessel (eds), Good Governance and the European Union, Intersentia, 2005; G. Anthony, UK Public Law and European Law: The Dynamics of Legal Integration, Hart, 2002; C. Hilson, ‘The Europeanization of English Administrative Law: Judicial Review and Convergence’, EPL 2003, pp. 125-145; K.H.Ladeur (ed), The Europeanization of Administrative Law, Aldershot, 2002; J.A.E. Vervaele(ed), Administrative Law application and enforcement of Community Law in The Netherlands,Deventer/Boston, 1994; D. Obradovic, N. Lavranos (eds), Interface between EU Law and National Law, The Hogendorp Papers, Groningen 2007; K. Schiemann, ‘The Application of General Principles of Community Law by English Courts’, in M. Andenas, F. Jacobs (eds), European Community Law in the English Courts, Oxford 1998, pp. 137-148.J.W.F. Allison, ‘Transplantation and Cross-Fertilization’, and M. Bell, ‘Mechanisms forCross-Fertilization of Administrative Law in Europe’, in Beatson and Tridimas (eds), Newdirections in European Public Law, Hart 2000, pp. 169-182 and pp. 147-167.

In this context, the research team is involved in studies related to the Europeanization of the Romanian Administrative Law; a first study addressing the subject of Europeanization of the national legal/judicial system in Romania was published in the Review of European Administrative Law by Dacian C. Dragos and Bogdana Neamtu. The article can be accessed here.

Dacian C. Dragos is also the author of the country chapter from the volume edited by Susana Galera, Judicial review: an analysis inside the European Legal System, Council of Europe Publishing, 2010.

As a follow-up of the initial research regarding the effects of Europeanization on the national administrative system, Dacian C. Dragoş, Bogdana Neamţu and Raluca Velişcu were involved alongside with 7 public law experts from other EU countries, under the coordination of professor Roberto Caranta,  Turin, Italy and of professor Anna Gebrandy, Utrecht University, the Netherlands, ina comparative study titled o alternative approaches to traditional administrative law, „Top-down vs. bottom-up: Tradition(s) and change in European administrative law”. The volume resulted was published in 2011.

Implementation of Services Directive in European Union

The services Directive is probably one of the most controversial EU Directives. The 27 member states should have completed implementation by the end of 2009. The Directive is meant to generate major changes within national administrative law, especially with regard to administrative procedure.

The Services Directive of the European Union (SD; 2006/123/EC; EU Official Journal ser. L 376, 27.12.2006, p. 36) is probably one of the most controversially discussed directives of the European Union ever. Catherine Barnard (45 C. M. L. Rev. (2008) p. 323) denotes it as the “legislative hot potato of the early twenty-first century”.

The twenty-seven Member States have to complete the transposition process of the Services Directive by the end of the year. The Services Directive has to be transposed into national law by December 28th 2009. All national legislators are currently aiming to meet the given deadline. Obviously there has been no cooperation or common approach of the Member States concerning a coordinated implementation.

In a current research project of the German Research Institute for Public Administration Speyer pertaining to the implementation of the Services Directive in the EU Member States experts of the Member States examine whether the Services Directive has released similar impulse for the national legislator in their Member States as well. Additionally the participants examine how in concreto the implementation requirements have been perceived, assessed and realized in their Member States

Within the framework of a research conducted under the coordination of the German Institute for Public Administration SPEYER (coordinators prof. Ulrich Stelkens and prof.  Wolfgang Weiß) two of the members of the research group (Dacian C. Dragos and Bogdana Neamtu) co-authored the chapter on Romania. The book resulting from the project was published at TMC ASSER – SPRINGER.