Global Administrative Law and EU Administrative Law: by Edoardo Chiti, Bernardo Giorgio Mattarella

By Edoardo Chiti, Bernardo Giorgio Mattarella

This e-book seeks to complement and refine international administrative legislations and ecu administrative legislation analytical instruments by way of reading their manifold family members. Its goal is to start to discover the advanced truth of the interactions among european administrative legislations and worldwide administrative legislations, to supply a initial map of such criminal and institutional fact, and to check it. The ebook is the 1st try and study a dense region of latest felony concerns. the 1st a part of the ebook comprises center parts of a common concept of the relationships among international and european administrative legislations: comparative inquiries, exchanges of criminal rules, and constructing linkages. the second one half is dedicated to big regulatory regimes, within which worldwide and ecu legislations coexist, notwithstanding now not continually peacefully. a number of sectors are thought of: cultural history, medications, weather switch, antitrust, accounting and auditing, banking supervision, and public procurement.

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Their involvement in the standardization process is regulated by the Commission, which entrusts the relevant standardization body with the task of drawing up the technical specifications that industries need to use to produce and market products conforming to the essential requirements fixed by the directives. The European standardization bodies, moreover, are not subject to any form of competition with other private actors exercising the same activity. Instead, they act as international representatives of entities operating in the respective sector of competence at the national level.

In all of these cases, the administrative powers necessary for performing a determinate function are distributed between a plurality of national and EU bodies, “interconnected” with each other through organizational and procedural techniques of administrative integration. And their joined functioning is “governed” or “coordinated” by a body established by EU sectoral regulation and internally constructed so as to give a voice to both national administrations and the Commission. This general 18 This phenomenon was noted in the early Eighties by Sabino Cassese; it is discussed in Cassese (1983, 1985, 1987); for a more recent discussion, see Chiti and Franchini (2003) and Saltari (2007).

3 In France, for example, the re`gle de droit was traditionally understood in a double sense: as a prohibition on adopting measures contrary to legislative provisions; and as a duty to take the measures necessary to give execution to the legislation. Yet, the re`gle de droit has been progressively expanded to include the general principles of law and constitutional law provisions as standards for administrative action; at the same time, the scope of judicial review has expanded to include the actes du gouvernement, leaving an exception only for acts addressing the relationship between the government and other political institutions, and for acts relating to international relations.

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