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Towards Restatement and Best Practices Guidelines on EU Administrative Procedural Law

In its decision of 8 January 2013, the ELI Council appointed Jean‐Bernard Auby, Giacinto della Cananea, Paul Craig, Deirdre Curtin, Diana‐Urania Galetta, Herwig Hofmann, Joana Mendes, Oriol Mir Puigpelat, Jens‐Peter Schneider, Ulrich Stelkens, Marek Wierzbowski, Jacques Ziller as project reporters. A Members Consultative Committee (MCC) was established.

Project reporters: Herwig Hofmann, Jens-Peter Schneider, Jacques Ziller presenting the first draft results at the 2013 ELI Projects Conference

Panel discussion at the 2013 Projects Conference in Vienna

The project ‘Towards Restatement and Best Practices Guidelines on EU administrative Procedural Law’ has been identified by the ELI Council as a project to be carried out jointly by the ELI and the Research Network on European Administrative Law (ReNEUAL).

In 2009, the Research Network on European Administrative Law (ReNEUAL) established a project with the aforementioned title and set up working groups, a Steering Committee and Advisory Committee. In the light of the achievements of ReNEUAL in this field and the excellence and international reputation of the researchers involved, the ELI recognises that it would not be apposite to set up a working group of its own.

On the basis of an agreement signed in July 2012, the ELI and ReNEUAL decided to conduct a joined project.

Project outline

ReNEUAL has over 80 members from all over Europe and beyond. It works on model rules for EU administrative procedural law. ReNEUAL is organised into four working groups, each addressing a specific element of the overall project and each coordinated by experts in the field. These coordinators were appointed by the ELI Council as reporters for the joint project.

The project addresses the substantial need for the simplification of EU administrative law, the body of rules and principles governing the implementation of EU policies by EU Institutions and Member States. EU administrative law is essential for establishing structures and defining procedures for cooperation between administrations as well as procedures for the supervision and review thereof. EU administrative law has evolved on a policy-by-policy basis in an unsystematic and non-transparent manner. Simplification can be achieved by the rationalisation and improvement of the structures and methodology used across EU policy fields.

The joint project and its results

The objective of the ELI-ReNEUAL cooperation is to broaden the debate on European administrative procedural law, to help improve the quality of the implementation of EU law in Europe and to protect the rights of the individual.

The ELI actively supports the work of ReNEUAL through its Members Consultative Committee (MCC). Moreover, an Advisory Committee was established by the ELI Council on 28 February 2014 and the following experts were appointed as advisers on the project: Lord Carnwath, Thomas von Danwitz, Heikki Kanninen, Michiel Scheltema, Ben Smulders, Jürgen Schwarze and Christian Vigouroux.

The objective is to obtain contributions from a wide range of ELI Members, in particular active legal practitioners, e.g. lawyers and judges. Throughout 2014, the MCC and the AC members will be invited to contribute to the project by critically reviewing and commenting on draft proposals prepared by ReNEUAL and by discussing various concepts at joint events.

The interim project results were presented in September 2013 at the ELI annual Projects Conference in Vienna. The panel discussion was led by one of the project reporters, Jens-Peter Schneider. Following the panel, the first meeting of the MCC was conducted. Further assessment of the draft results was carried out by numerous judges and practitioners at the conference in Florence (February 2014). The ReNEUAL 2014 Conference in Brussels presented yet another opportunity to discuss the draft Model Rules (May 2014). After the Brussels conference, a set of Model Rules was published online. These publications are available here.

Further details about ReNEUAL available at: www.reneual.eu