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Have your say on an EU administrative law

Written by Elodie Thirion with Clare Ferguson,

EU Administrative LawEU law establishes citizens’ rights to an open, independent and efficient EU administration (Article 298 of the Lisbon Treaty). Everyone has the right to expect that the EU administration will act impartially, fairly, and within a reasonable time. To help the European Parliament to understand how individuals, industries, consumers, civil society organisations, and public administrations experience their interaction with European Union administrations, the EU, through the European Parliament Committee on Legal Affairs, launches a public consultation on 15 December 2017.

The consultation, which lasts 12 weeks, seeks to determine what the public expects with regard to their relations with EU administration. The responses will contribute to defining what the EU should do in future – including possibly revising or introducing new legislation (any new initiative proposed will naturally be the subject of a more in-depth consultation process, as well as political validation, however).

The EU currently has a range of administrative measures in place to cover its diverse and highly specialised activities. Codes of good administrative practices, and provisions in relation to specific procedures (such as case-handling in competition or complaints), already exist. These rules, principles and practices already aim at ensuring open, efficient and independent interaction with EU citizens and organisations. Nevertheless, the European Parliament has long recommended gathering the fundamental principles of good administration into one instrument, regulating procedures the EU administration should follow when handling individual cases.

However, to date, the European Commission has not submitted a proposal. While Commission First Vice-President Frans Timmermans agreed in May 2016 that existing EU administrative rules and practices must be visible, clear and fit for purpose, the European Commission remains unconvinced that there is added-value in proposing legislation. Insisting on the need for comprehensive procedures, the European Parliament adopted a further resolution in June 2016, calling for an open, efficient and independent European Union administration (rapporteur: Heidi Hautala, Greens/EFA, Finland), and invited the European Commission to make a proposal for an Administrative Procedure Regulation.

The results of the public consultation will be analysed and published in May 2018, in time for a Public Hearing on the subject, organised by the Legal Affairs Committee.

The responses to the consultation will also feed into the European Parliamentary Research Service study on the potential impacts of the proposal for a regulation of the European Parliament and of the Council for an open, efficient and independent European administration. The study will evaluate the actual implementation of existing EU administrative rules and procedures, and identify any gaps and inconsistencies.

How do you take part in the consultation? By completing the online questionnaire.

For questions related to the public consultation please contact: Consultation.EUlaw@europarl.europa.eu.

For more information, please consult the Public Consultation on the JURI Committee website.

In the interest of transparency, organisations responding to the questionnaire are invited to provide the public with relevant information about themselves by registering in the Transparency Register and subscribing to its Code of Conduct.

Survey in official EU languages

 

About EAVA

The European Parliament's European Added Value Unit provides European Added Value Assessments and Cost of Non-Europe Reports which analyze policy areas where common action at EU level is absent but could bring greater efficiency and a public good for European citizens.

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