Decisions and Administrative Acts According to the ReNEUAL Model Rules on the EU Administrative Procedure and Proposal for Regulation for an Open, Efficient and Independent EU Administration
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Authors
Date
2016
Journal Title
Journal ISSN
Volume Title
Publisher
Cardinal Stefan Wyszyński University in Warsaw
Abstract
The author presents and analyses the notions of a decision according to ReNEUAL Model rules on EU administrative procedure and of an administrative act according to the Proposal for Regulation for an open, efficient and independent European Union administration. The discussion approaches the subsidiary character of the proposed rules and exclusions of their applicability in given cases, the designation and individual character of decisions and administrative acts, as well as their form and content. Additionally, the author considers the possibility of qualifying certain regulations as decisions or administrative acts. According to the conclusion, the scope of application of analysed proposals may turn out to be relatively restricted because of the exclusion of implementing acts in the case of the Regulation proposal and the potentially narrow interpretation of the notion of a decision in the case of the Model Rules.