single case decision-making procedures book iii – single case decision -making

ReNEUAL Research Network on EU Administrative Law

Single case decision-making procedures

Book III – Single Case Decision-Making

Presentation for the

EU Ombudsman / ReNEUAL conference

EU Administrative Procedures –

The ReNEUAL Draft Model Rules 2014

Brussels, May 19-20th 2014

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Prof. Giacinto della CananeaUniversity of Rome II

Prof. Oriol MirUniversity of Barcelona

ReNEUAL Research Network on EU Administrative Law

Book III – Overall concept and structure

Overall concept of Book III Administrative procedures ending with a decision

Only EU administrative procedures To MS procedures only if and insofar as EU sector-specific

law renders Book III applicable

Procedural approach

Parties to the proceedings

The structure of Book III Ch. 1 – General provisions

Ch. 2 – Initiation and management of procedures

Ch. 3 – Gathering of information and law of evidence

Ch. 4 – Right to a hearing and inter-administrative consultations

Ch. 5 – Conclusion of the procedure 2

ReNEUAL Research Network on EU Administrative Law

Book III – Concrete issues

Finding the right balance Between detailed rules and general principles

Between procedural rights and administrative efficiency

A selection of concrete issues Impartiality

Responsible official

Mandatory time-limit to adopt a decision

Inspections

Right to be heard in composite procedures

Rectification and withdrawal of decisions

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