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European Administrative Law in the Constitutional Treaty

In the year 2006, just as the European Union was planning its 50th birthday party, the powerful and prestigious American Bar Association circulated the first fruits of a major restatement of European Community law. Whether the ABA is a nonprofit- making organisation, I am not aware; but it is hardly a philanthropic institution.Why then should this massive project have seen the light of day? One reason is that transatlantic political relationships are becoming closer. We have already experienced joint action in the field of security, with questions raised about legality, as with ‘rendition’ in breach of due process requirements or, in the case of air travellers, their data. | EUROPEAN ADMINISTRATIVE LAW IN THE CONSTITUTIONAL TREATY This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems that it poses with the Treaty establishing a Constitution for Europe as the point of reference. Under the Treaty general questions of administrative law are no longer addressed merely in a fragmented or incidental way but as a discipline that governs the exercise of sovereign powers by a supranational entity. This calls for a detailed examination of the fields that comprise European administrative law and the book therefore examines in some detail the key areas of rulemaking powers and normative instruments the implications of the Charter of Fundamental Rights for European and national administrations administrative procedure and judicial protection within the European Union. Modern Studies in European Law Volume 12 Modern Studies in European Law 1 Soft Law in European Community Law Linda Senden 2 The Impact of European Rights on National Legal Cultures Miriam Aziz 3 Partnership Rights Free Movement and EU Law Helen Toner 4 National Remedies Before the Court of Justice Issues of Harmonisation and Differentiation Michael Dougan 5 The National Courts Mandate in the European Constitution Monica Claes 6 EU Environmental Law Challenges Changes and Decision-Making Maria Lee 7 European Union Law and Defence Integration Martin Trybus 8 Principles of European Constitutional Law Armin von Bogdandy Jurgen Bast 9 EU International Relations Law Panos Koutrakos 10 Free Movement Social Security and Gender in the EU Vicki Paskalia 11 The Regulation of the State in Competitive Markets in the EU Erika Szyszczak European Administrative Law in the Constitutional Treaty Eva Nieto-Garrido and Isaac Martín Delgado HART- PUBLISHING OXFORD AND PORTLAND OREGON .