Europeanisation of Administrative Proceedings Law – Opportunities and Risks

Abstract

The article presents a number of opportunities and risks to the Europeanisation of administrative proceedings law. This process may in particular lead to: the development of a system of institutions of administrative proceedings law in European terms, the more eff ective implementation of substantive law rules determined by EU law, the improvement of complex proceedings based on the cooperation of national administration authorities and EU institutions, the modernisation of national institutions of administrative proceedings law under the infl uence of European models and the strengthening of the standards of the protection of individual rights in administrative proceedings. However, at the same time it is open to a number of challenges, which may be perceived as risks to Europeanisation. These include, inter alia, the atomisation and disintegration of administrative procedure from the perspective of national legal systems, adoption by the EU legislator of procedural solutions incompliant with national models of administrative procedure, difficulties with the appropriate implementation of EU acts determining procedural solutions into national law, the appropriate co-application of national and EU procedural rules by administration authorities, and the diversification of the standards of protection for individuals in various cases. Additionally, the measures used to partially eliminate the risks of Europeanisation in the area of administrative proceedings law and increase the chances off ered by this process for the development of administrative law and improving the standards for the protection of individual rights have also been pointed out.