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Effective Judicial Protection in an Integrated Administration: The Case of 'Composite Procedures'

Mariolina Eliantonio

The principle of effective judicial protection, a necessary corollary of the principle of the rule of law, to which the EU is bound by virtue of Article 6 TEU, entails the possibility for individuals to challenge the legality of the measures taken by the executive before a court. However, the increasingly complex web of relations between national and EU authorities in the administrative implementation of EU law may create gaps of judicial protection, because administrative procedures are increasingly organized in a non-hierarchical structure, with different actors, participating at different stages and with different intensities, and employing instruments of an informal nature, while the mechanisms of supervision and enforcement are still anchored to the traditional two-level (i.e. national and European) structure.The purpose of the paper is to assess whether the principle of effective judicial protection is complied with in the case of the system of 'composite procedures', i.e. decision-making proceedings with input from administrative actors from different jurisdictions and in which the final decision is based on procedures involving the more or less formalized input of the various participating European and national authorities.After a categorization of the various composite procedures, the problems connected to the identification of the competent judicial authority will be analyzed, as well as those linked to the attribution of the procedural errors occurred during the decision-making process. Finally, solutions will be brought forward as to how the identified gaps could be effectively filled so as to ensure compliance with the principle of effective judicial protection.



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