The System of European Administrative Law

Abstract

European administrative law is an instrument aimed at steering social processes that, in its current state, presents some important flaws. This article suggests a way to improve it, by developing a general theory of European administrative law in a system-oriented approach. In particular, the purpose of this paper is to explore how this task should be undertaken. After describing its theoretical and methodological foundations, the article identifies next some of the most relevant building blocks on which systematization of European administrative law has to unfold. In this respect, a distinction is made between elements of a substantive nature - constitutional principles, legislative goals, and discretional criteria - and elements of a structural nature – forms of organization, types of procedure, and legal forms of action. The article ends with a summary of some conclusions, and with a final consideration on the scope and limits of European administrative law’s systematization.