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Türk, Alexander H. --- "Judicial Review of Integrated Administration in the EU" [2009] ELECD 351; 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 9

Section Title: Judicial Review of Integrated Administration in the EU

Author(s): Türk, Alexander H.

Number of pages: 39

Extract:

9. Judicial review of integrated
administration in the EU
Alexander H. Türk

I. INTRODUCTION

The judicial architecture of the European Community was designed to
follow the logic of a system of executive federalism.1 Such a system would
entrust the adoption of general and abstract rules to the Community, while
the implementation and application of those rules would be the responsibil-
ity of the Member States. Private parties, while unable to challenge general
Community rules, would be entitled to question their validity in the national
courts in pursuance of an action brought against the national authorities
which had applied them. On the other hand, where the Commission was,
exceptionally, entrusted with the application of Community rules, indi-
viduals would be given direct access to the European Court to contest their
validity, provided certain standing requirements were met.
The development of the Community legal order has, however, led to a
more complex system of EU administrative governance.2 This system of
integrated administration is characterised by its intensive co-operation
between administrative actors from the national and Community levels.3
The involvement of national administrations in the decision-making proc-
esses of the Community and the participation of Community actors in
the implementation of Community law in the national legal systems have
added to the difficulties which individuals already face within the current
judicial architecture.
While the restrictive conditions of direct access for individuals to the

1
For a description of the classic model of executive federalism, see, for
example, ...