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Constitutionalising EU Executive Rule-Making Procedures: A Research Agenda

Authors

  • Deirdre Curtin,

    Professor of European Law and Assistant ProfessorSearch for more papers by this author
    • Deirdre Curtin and Joana Mendes, Professor of European Law and Assistant Professor, University of Amsterdam; Herwig C. H. Hofmann, Professor of European and Transnational Public Law, University of Luxembourg. The contributions to this special edition build on work undertaken by the members of the working group on ‘rule-making’, of the Research Network on EU Administrative Law—ReNEUAL (http://www.reneual.eu), and were presented and discussed at conferences and workshops in Amsterdam and Luxembourg in 2011.
  • Herwig Hofmann,

    Professor of European and Transnational Public LawSearch for more papers by this author
    • Deirdre Curtin and Joana Mendes, Professor of European Law and Assistant Professor, University of Amsterdam; Herwig C. H. Hofmann, Professor of European and Transnational Public Law, University of Luxembourg. The contributions to this special edition build on work undertaken by the members of the working group on ‘rule-making’, of the Research Network on EU Administrative Law—ReNEUAL (http://www.reneual.eu), and were presented and discussed at conferences and workshops in Amsterdam and Luxembourg in 2011.
  • Joana Mendes

    Search for more papers by this author
    • Deirdre Curtin and Joana Mendes, Professor of European Law and Assistant Professor, University of Amsterdam; Herwig C. H. Hofmann, Professor of European and Transnational Public Law, University of Luxembourg. The contributions to this special edition build on work undertaken by the members of the working group on ‘rule-making’, of the Research Network on EU Administrative Law—ReNEUAL (http://www.reneual.eu), and were presented and discussed at conferences and workshops in Amsterdam and Luxembourg in 2011.

Abstract

The existence or non-existence of procedural rules for executive rule-making in the EU is not merely a ‘technical’ question free of constitutional value choices. This article argues that constitutional principles, such as transparency, openness and participatory democracy, highlighted by the Treaty of Lisbon constitute decisive normative standards for the design of administrative procedures in the EU, with a considerable impact on substantive outcomes. We apply such principles to executive rule-making procedures in the EU, highlight the salience of this discussion and argue that systematisation of executive rule-making procedures is needed in order to implement constitutional principles in a complex and plural environment.

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