Judging Composite Decision-Making: Transformation of European Administrative Law

European Union Law › Law

Judging Composite Decision-Making: Transformation of European Administrative Law

By Filipe Brito Bastos
Hart Publishing November 2024

Specifications

ISBN-13
9781509980420
Publisher
Hart Publishing
Publication
November 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book examines the European Court of Justice's principles relating to composite decision-making.

Through rigorous case law analysis, it shows how these rely on national and Union observance of rule of law requirements, under what the book calls the 'Unitary Protection' doctrine. It explores the theoretical dimension of this doctrine, illustrating how it represents a departure from the EU's foundational federalist approach to administrative law. This fills a longstanding gap in the literature and in our full understanding of composite decision-making, a key tenet of EU law. EU constitutional and administrative law scholars will be fascinated by this compelling study.

Table of Contents

Introduction
1. Unity and Dominance

Part One: European Executive Federalism and the Challenge of Composite Decision-Making
2. The Judicial Crafting of European Executive Federalism
3. Multilevel Administration and Composite Decision-Making

Part Two: Good Administration Rights
4. Unitary Procedural Protection
5. The Principle of Unitary Procedural Protection and the Right to be Heard in Composite Decision-Making
6. The Principle of Unitary Procedural protection and the Right to a Reasoned Decision in Composite Decision-Making

Part Three: Judicial Review
7. Unitary Judicial Protection
8. The Borelli Doctrine
9. The Berlusconi Doctrine
10. Beyond Executive Federalism
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