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Hofmann, Herwig C.H. --- "Composite Decision Making Procedures in EU Administrative Law" [2009] ELECD 348; in Hofmann, C.H. Herwig; Türk, H. Alexander (eds), "Legal Challenges in EU Administrative Law" (Edward Elgar Publishing, 2009)

Book Title: Legal Challenges in EU Administrative Law

Editor(s): Hofmann, C.H. Herwig; Türk, H. Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207883

Section: Chapter 6

Section Title: Composite Decision Making Procedures in EU Administrative Law

Author(s): Hofmann, Herwig C.H.

Number of pages: 32

Extract:

6. Composite decision making
procedures in EU administrative law
Herwig C.H. Hofmann

I. INTRODUCTION AND BACKGROUND

Administrative procedures in the sphere of EU law are increasingly inte-
grated. In many cases, both Member States' authorities and EU institu-
tions and bodies contribute to a single procedure, irrespective of whether
the final decision is taken on the national or the European level.1 Such
procedures are referred to here as composite procedures. This chapter is
about the legal problems resulting from such procedural administrative
integration.
Composite procedures are multiple-step procedures with input from
administrative actors from different jurisdictions, cooperating either verti-
cally between EU institutions and bodies and Member States' institutions
and bodies, or horizontally between various Member State institutions
and bodies or in triangular procedures with different Member State and
EU institutions and bodies involved. The final acts or decisions will
then be issued by a Member State2 or an EU institution or body but are


1
This reality conflicts with a more traditional model of EU administration,
often referred to as `executive federalism', under which administration in the EU
had traditionally been understood as a two-level system. In a simplified version
of this model, the European level legislates and the Member States implement
European policies by national legislative and administrative means. Central
to this conception was the distinction between procedures undertaken on the
European level on one hand and those by EU Member States on the other hand.
See for the description of the classic model ...