Charles Explorer logo
🇬🇧

The Thorny Path to the European Administrative Procedure Code

Publication at Faculty of Law |
2021

Abstract

This paper charts the path travelled so far by the idea of a European Administrative Procedure Code-a regulation that would codify the basics of the administrative procedure for all EU institutions. This has not yet happened despite repeated efforts by the European Parliament.

The Commission, which has the monopoly of initiation in this matter, prefers relative institutional autonomy, i.e. the possibility for each of the EU institutions to set up their own administrative processes within the limits of primary law and related case law. The consequence is a situation where the main institutions adopt their rules of procedure and other rules governing their own functioning relatively autonomously.

This is not an enviable situation for an EU citizen, whose interests are mainly defended by the European Parliament. The interest of the EU citizen in the codification of the Union's administrative law is obvious, as it would not only simplify the legal regulation of the EU's institutional system but also strengthen the legal certainty and democratic legitimacy of the entire EU project.