ISSN:1351-5993    

DOI:10.1111/j.1468-0386.1996.tb00015.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract:There are two basic models of EC Administrative Process: Direct, where the procedures are carried out by the Commission and Indirect, where Member States act as agents for the Community. In the first case, the development of general principles to structure the procedures has to date been undertaken by the ECJ. The problem posed by indirect administration, governed by the National Principles of Administrative Law, is one of variable standards. For different reasons, both models raise the question whether EC administrative procedures should be codified. This article contrasts two styles of codification found in the Member States: the first, a short statement of general principles, favoured by the Council of Europe and resembling the standards set out in the jurisprudence of the ECJ; the second, a detailed codification typified by the German Administrative Procedures Code. The author concludes that the first method may be more appropriate for the EC.

ISSN:1351-5993    

DOI:10.1111/j.1468-0386.1996.tb00016.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract:The US Administrative Procedures Act of 1946 was engendered by partisan political conflicts. Initially judicial review of administrative rule‐making under the act was extremely deferent. In the course of the 1960s and 1970s the federal courts, basing themselves upon the unchanged language of the statute, created a new body of administrative law characterised by very great demands on the agencies and very intrusive judicial review. This transformation was fuelled by partisan realignments, fear of technocracy and desire for greater transparency and popular participation in government decision‐making. Because these same forces are now active in relation to the Union, it may be anticipated that similar tendencies toward a demanding procedural law of rule‐making and high levels of judicial review will be felt as Union administrative law dev

ISSN:1351-5993    

DOI:10.1111/j.1468-0386.1996.tb00017.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract:The new European Agency for the Evaluation of Medicinal Products is the focus of the EC's new regulatory framework for approval of pharmaceuticals for human and veterinary use. This article considers past efforts at European pharmaceutical regulation, discusses the new ‘centralised’ and ‘decentralised’ procedures, and offers a functional analysis of the new system. It addresses European regulation of biotechnology, including Parliament's 1995 rejection of the proposed biotechnology directive using its codecision powers. It also reviews European case law and suggests that the Court of Justice's decision in Keck provides a useful way to analyse pharmaceuticals' place in the free movement of goods. While the new framework will likely improve approval of pharmaceuticals and over time lead to greater centralisation of the process, Member States will still retain some autonomy over the actual use of approved drugs, particularly through their continued control of conditions of reimbursement in national health

ISSN:1351-5993    

DOI:10.1111/j.1468-0386.1996.tb00018.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY

摘要:

Abstract:This paper addresses the five major structural issues on the agenda of the 1996 Intergovernmental Conference of the Member States of the European Union: the option of replacing the treaty framework by a European constitution; the issue of fundamental rights in the Union; the future of the three‐pillar structure; the puzzling question of how to allow for variations in European integration without endangering unity; and, finally, the political ‘evergreen’ of the division of competences between the Union and its Member States. The analysis is based on contributions by EC institutions and prominent groups of experts and scholars published before the political bargaining st

ISSN:1351-5993    

DOI:10.1111/j.1468-0386.1996.tb00019.x

出版商:Blackwell Publishing Ltd    

年代:1996

数据来源: WILEY