Relationship between administrative law and EU law
Relationship Between Administrative Law and EU Law
Overview
Administrative law governs the organization, powers, and procedures of administrative agencies within a state. It ensures that public authorities act lawfully, fairly, and transparently.
EU law, on the other hand, is a supranational legal system that regulates the European Union’s institutions, its member states, and their citizens in areas where competence has been transferred to the EU level. It has direct effect and supremacy over conflicting national laws, including administrative laws.
Interaction Between Administrative Law and EU Law
Supremacy of EU Law
EU law prevails over national administrative law when conflicts arise.
National administrative authorities must apply EU law, even if contrary to national administrative provisions.
Direct Effect and Application by National Administrative Bodies
Some EU law provisions have direct effect, allowing individuals to invoke them before national administrative agencies.
Administrative bodies must interpret and implement national law in conformity with EU law.
Judicial Review and Procedural Rights
National administrative decisions must respect EU procedural safeguards, such as the right to be heard and effective judicial protection.
Courts review administrative acts for compliance with EU law principles.
Administrative Cooperation
EU law establishes frameworks for cooperation between national administrative authorities across member states.
Fundamental Rights and Principles
EU law imposes fundamental principles like proportionality, legality, and legitimate expectations that shape national administrative law.
Key Case Laws Illustrating the Relationship
1. Costa v. ENEL (1964) – European Court of Justice (ECJ)
Facts: An Italian citizen challenged the nationalization of electricity companies, invoking EU law.
Issue: Whether EU law has supremacy over conflicting national laws.
Ruling: ECJ held that EU law is supreme over national law, including administrative law.
Significance: Established the doctrine of supremacy; national administrative authorities must apply EU law over conflicting national rules.
2. Van Gend en Loos v. Nederlandse Administratie der Belastingen (1963) – ECJ
Facts: A Dutch company challenged customs duties imposed by the national tax authority.
Issue: Whether individuals can rely on EU law directly before national administrative authorities.
Ruling: ECJ ruled that certain EU Treaty provisions have direct effect, allowing individuals to invoke EU law before national bodies.
Significance: National administrative agencies must apply EU law directly, affecting their decision-making.
3. Commission v. Italy (CILFIT) (1982) – ECJ
Facts: The Italian courts requested guidance on the interpretation of EU law in a dispute involving administrative decisions.
Issue: When national courts and administrative bodies must refer questions to the ECJ.
Ruling: ECJ set out criteria for when national courts must seek preliminary rulings to ensure uniform interpretation.
Significance: Promotes cooperation between national administrative and judicial bodies and the ECJ, ensuring consistent application of EU law.
4. Kücükdeveci v. Swedex GmbH & Co. KG (2010) – ECJ
Facts: A German worker challenged national administrative decisions regarding employment rights under EU law.
Issue: Whether EU law principles, such as non-discrimination and proportionality, apply in national administrative decisions.
Ruling: ECJ confirmed that national administrative acts must respect EU fundamental rights and principles.
Significance: National administrative law is shaped and constrained by EU fundamental rights norms.
5. Berliner Verkehrsbetriebe (BVG) v. European Commission (2002) – ECJ
Facts: Dispute over competition rules and administrative decisions in the public transport sector.
Issue: Application of EU competition law to national administrative authorities.
Ruling: ECJ clarified the scope of administrative discretion under EU competition law.
Significance: Shows how EU law limits national administrative powers to prevent anti-competitive behavior.
6. Plaumann & Co. v. Commission (1963) – ECJ
Facts: An administrative decision by the European Commission denied a license.
Issue: The right to judicial review of administrative acts in EU law.
Ruling: The ECJ established conditions under which individuals have standing to challenge EU administrative acts.
Significance: Influences national administrative law by strengthening judicial protection standards.
Summary
EU law influences national administrative law by imposing supremacy, direct effect, and fundamental rights.
National administrative bodies must apply and interpret national laws consistently with EU law.
Judicial cooperation through preliminary rulings ensures uniformity in the application of EU law.
EU law principles like proportionality, legitimate expectations, and transparency shape administrative actions.
Administrative powers in areas like competition, environment, and public services are regulated under EU frameworks, limiting national discretion.
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