Draft Model Rules for EU Administrative Procedures – History, Concept, Principles and Scope Book I – General Provisions Presentation for the EU Ombudsman / ReNEUAL conference EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May th Prof. Jens-Peter Schneider University of Freiburg i. Brsg. Prof. Jacques Ziller University of Pavia

ReNEUAL DMR – History 2009/10: Founding of ReNEUAL  establishment of 4 working groups which organized several workshops  financed by university budgets and various research funds (Spain, Germany, Luxembourg, Italy) ReNEUAL Conference 2012  Towards an EU administrative procedure law? – Concepts and structure  hosted by the European Ombudsman in Brussels (March 2012) Joint Conference of ReNEUAL with the Association of the Councils of State and Supreme administrative jurisdictions of the EU (ACA-Europe)  Food safety: coordinating European and national powers, and judicial review of rulings in this area  hosted by the European Food Safety Agency in Parma (April 2013) ReNEUAL Conference June 2013 in Luxembourg  internal discussion of 1st tentative draft model rules 2013 European Law Institute (ELI) Project Conference September 2013  Project session III: Towards Restatement and Best Practices Guidelines on EU Administrative Procedural Law Workshop organised by the Centre for Judicial Cooperation of the European University Institute (EUI) (Feb. 2014)  in collaboration with the European Law Institute and ReNEUAL  Model Laws for EU Administrative Law – A discussion on ReNEUAL Project Results ReNEUAL Conference 2014  EU Administrative Procedures – Presenting and Discussing the ReNEUAL Draft Model Rules 2014  hosted by the European Ombudsman in Brussels (May 2014) 2

ReNEUAL DMR – Concept Draft Model Rules on EU Administrative Procedures  constitutional values translated into rules on administrative procedure rule of law and democratic legitimation effective and efficient implementation of EU law effective protection of individual rights  Innovative codification  based on comparative studies concerning areas of EU law national APAs as an academic project  Draft model rules as an intellectual exploration of legislative options (!!) for the future  current limits of legislative competences should not limit innovative thinking  collaborative drafting as an inspiring challenge  intense cooperation with legal practitioners and the European Parliament resolution of 15 January 2013 with recommendations to the Commission on a Law of Administrative Procedure of the European Union (2012/2024(INI)) 3

ReNEUAL DMR – Legal Bases for Codification Discussion mainly focused until now on art. 298 TFEU: „ In carrying out their missions, the institutions, bodies, offices and agencies of the Union shall have the support of an open, efficient and independent European administration. “In compliance with the Staff Regulations and the Conditions of Employment adopted on the basis of Article 336, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall establish provisions to that end.” ? Appropriate for general codification for EU institutions, bodies, offices and agencies? ? Possible basis for codification of procedures involving Member States’ authorities? ? Limitations due to other legal bases for transversal codification or for sector specific codification?  Choices made by ReNEUAL for the scope of applications of Books II-IV and Books V-VI “the problem of the appropriate legal basis is not a precondition to the academic drafting of procedural rules and that the discussion on the content of those rules should not be pre-empted by the discussion on the legal basis” 4

The overall structure of the draft model rules 2014 Book I – General provisions Book II – Administrative Rulemaking Book III – Unilateral Single Case Decision-Making Book IV – Contracts Book V – Mutual Assistance Book VI – (inter-)Administrative Information Management Each book: Introduction – DMR – Explanations (not finalised) 5

Book I – General Provisions Preamble refering to relevant legal principles I-1: Scope of application  ReNEUAL Conference 2013: 2 Alternatives comprehensive approach  direct / indirect / shared implementation of EU law restricted approach with opt-in  Re-drafted after various dicusions applicable to EU authorities Generally not applicable to Member States´ authorities (compare Books II, III, IV) Books V and VI applicable to EU & MS authorities (+ legislative opt-in option) I-2: Relation to sector specific norms of the European Union  draft model rules as the generally applicable standard  primacy of sector-specific rules I-3: Relation to Member State´s law  DMR as guidance / point of reference / … I-4 Definitions 6

Draft Model Rules for EU Administrative Procedures – History, Concept, Principles and Scope Book I – General Provisions Presentation for the EU Ombudsman / ReNEUAL conference EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May th Prof. Jens-Peter Schneider University of Freiburg i. Brsg. Prof. Jacques Ziller University of Pavia