Conflict and Cooperation within European Composite Administration (Between Philia and Eris)
European composite administration has a complex pluralistic structure based on the interaction between national and EU authorities. As a consequence, disagreements between public bodies can arise in the execution of European norms. In order to keep the level of conflict under control, however, many settlement procedures are provided for in the EU legal system. This article illustrates how different administrative mechanisms are available for use in turning conflict into cooperation. To achieve this, the different types of disagreement will first be identified, after which administrative disputes will be defined and classified before being analysed in the light of the settlement mechanisms provided for in EU legislation. The disputes themselves will then be looked at, highlighting both their constitutional and functional aspects. Finally, we will examine how disputes affect the rights of private parties involved.
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Document Type: Research Article
Publication date: March 1, 2012
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- Review of European Administrative Law (REALaw) is a law review, published twice a year (online and in print), in the English language edited at the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University. Review of European Administrative Law provides a forum for the discussion of issues in the development of European administrative law. The journal aims to cover all aspects of European administrative law, reflecting the role of the European Union, the role of domestic legal orders and their mutual relation and influence.
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