Non-Judicial Remedies and EU Administration: Protection of Rights versus Preservation of Autonomy

The increasing demand for justice has led to the development of administrative remedies in the EU administrative justice system. This book examines the theoretical and practical issues raised by these remedies, focusing on internal review, administrative appeals, independent administrative review, complaints to the EU Ombudsman, and complaints to the EU Data Protection Supervisor. The research shows that administrative remedies can improve the relationship between individuals and the EU administration, but their interplay with administrative autonomy might lead to fragmentation and incoherence in the EU administrative justice system.

Format: Paperback / softback
Length: 272 pages
Publication date: 26 September 2022
Publisher: Taylor & Francis Ltd

The growing burden of executive responsibilities assigned to EU institutions and agencies has necessitated a heightened demand for justice that cannot be solely met by the courts alone. As a result, a diverse array of administrative remedies has emerged as a vital component of the EU administrative justice system. This book delves into the critical theoretical and practical challenges posed by this phenomenon.

The central focus of the work is on five administrative remedies: internal review, administrative appeals to the Commission against decisions of executive and decentralised agencies, independent administrative review of decisions of decentralised agencies, complaints to the EU Ombudsman, and complaints to the EU Data Protection Supervisor. The foundation of the research lies in the notion that there exists a intricate and, at times, conflicting relationship between administrative remedies and the varying degrees of autonomy enjoyed by EU institutions, bodies, offices, and agencies.

To support this argument, the research relies on a comprehensive range of sources, including legislation, internal rules of executive bodies, administrative practices, and specific case law, data, and statistics. This empirical approach provides valuable insights into the inner workings of these procedures, revealing the complex dynamics at play. It also highlights the potential risks associated with the interplay between administrative remedies and administrative autonomy, which could lead to fragmentation and incoherence within the EU administrative justice system.

In conclusion, this book offers a comprehensive examination of the important theoretical and practical issues raised by the increasing reliance on administrative remedies in the EU administrative justice system. By exploring the relationship between administrative remedies and administrative autonomy, it sheds light on the challenges and opportunities facing the EU in ensuring effective and fair administration.

Weight: 462g
Dimension: 155 x 234 x 21 (mm)
ISBN-13: 9780367682972