European composite administration has a complex pluralistic structure based on the interaction between national and EU authorities. As a consequence, disagreements between public bodies can arise in the execution of European norms. In order to keep the level of conflict under control, however, many settlement procedures are provided for in the EU legal system. This article illustrates how different administrative mechanisms are available for use in turning conflict into cooperation. To achieve this, the different types of disagreement will first be identified, after which administrative disputes will be defined and classified before being analysed in the light of the settlement mechanisms provided for in EU legislation. The disputes themselves will then be looked at, highlighting both their constitutional and functional aspects. Finally, we will examine how disputes affect the rights of private parties involved.

Conflict and Cooperation within European Composite Administration (Between Philia and Eris)

DE LUCIA, Luca
2012

Abstract

European composite administration has a complex pluralistic structure based on the interaction between national and EU authorities. As a consequence, disagreements between public bodies can arise in the execution of European norms. In order to keep the level of conflict under control, however, many settlement procedures are provided for in the EU legal system. This article illustrates how different administrative mechanisms are available for use in turning conflict into cooperation. To achieve this, the different types of disagreement will first be identified, after which administrative disputes will be defined and classified before being analysed in the light of the settlement mechanisms provided for in EU legislation. The disputes themselves will then be looked at, highlighting both their constitutional and functional aspects. Finally, we will examine how disputes affect the rights of private parties involved.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11386/3145877
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