Acknowledging the Impact of Administrative Power in the EU External Action

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Table of Contents: I. Introduction. – II. The impact of administrative power on the exercise of EU public authority. – II.1. Preparatory acts informing final decisions. – II.2. Rule-making acts: looking beyond technicalities. – III. The impact of administrative power on the exercise of third countries public authority. – III.1. Preparatory acts: take it or leave it. – III.2. Rule-making acts: “accept terms and conditions”. – IV. Conclusion.

Abstract: This Article identifies and explains the different impacts that the administrative activities implementing the Stabilisation Association Process (SAP) and the European Neighbourhood Policy (ENP) exercise on public power (of the Union and of third countries). Identifying the impact of the administrative power is an important passage in the study of administrative law in external relations, particularly in order to guarantee protection for affected parties. In carrying out such analysis, the Article will also classify the de facto administrative processes that are concealed in the modes of foreign governance constructed by the SAP and the ENP. The impact of the administrative activities implementing the two policies is neither incidental nor unforeseeable. Instead, it is often the outcome of processes that have crystalised over time.

Keywords: administrative power – public authority – preparatory acts – rule-making acts – stabilisation and association process – European Neighbourhood Policy.

European Papers, Vol. 2, 2017, No 2, pp. 597-616
2499-8249 - doi: 10.15166/2499-8249/170

* Senior Research Fellow, Max Planck Foundation for International Peace and the Rule of Law, Heidelberg,

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