Year:    2017

Author:    Eberhard, Harald

Die Verwaltung, Vol. 50 (2017), Iss. 1 : pp. 23–49

Abstract

ReNEUAL Model Rules on EU Administrative Procedure – an Austrian Perspective

The discussion about the creation of a harmonized administrative procedural law within the EU is depicting a system of mutual learning between the European administrative procedural systems. Such a project both emancipates procedural law from its original constitutional context, and emphasizes the phenomenon of procedure as a legal administrative resource of control. In this process, existing principles become visible and pave the way for further judicial development. The Austrian codification of administrative procedure dates from 1925, but has been modernised to provide for European Union Law and, especially in recent years, to accommodate the introduction of administrative courts of first instance. The Austrian system demonstrates a strong interaction between the jurisdiction of the courts and statutory law.

This correlation has led to great stability for more than 90 years. This stability is assisted by a tendency of unification, which applies, in principle, to all public entities of the Federation, the Länder (states), and all fields of administrative law in a uniform manner. In addition, the constitutional provisions gave rise to notable exceptions from this uniform procedural law. The number of administrative acts covered by the ReNEUAL Model Rules on EU Administrative Procedure shows national administrative law traditions in a new light. ReNEUAL has the potential to further influence the national systems of administrative procedural law within the EU member states. From the Austrian perspective, sensitive areas are the provisions of the administrative rule-making as well as the instrument of administrative contracts. The first step and core of a possible codification project, are the provisions dealing with individual administrative decisions (Book III of the ReNEUAL draft). This field, finally, is of great importance from a comparative law perspective.