aBstraCt. In the last three dacades composite procedures have become increasingly significant in EU law, attesting the overcoming of the traditional dichotomy between direct and indirect administration. Among the case law of the European Court of Justice, the Oleificio Borelli case represents a paradigmatic example of the lack of protection that may occur during composite procedures, undermining the protection of individuals and, as a result, the principles on which EU administrative action is based. After an introduction on composite administrative procedure, sketching the main features of the European Agricultural Guidance and Guarantee Fund (EAGGF) in the context in which the Borelli case arose, this paper aims to re-read the leading case in the light of the draft of codification on administrative procedure presented by the Working Team ReNEUAL (Model Rules) in order to verify if, applying the Model Rules, the lack of procedural guarantees which emerged in that case can be dealt with. It will be argued that the insufficiencies that the Borelli case has shown can be addressed by shifting focus from the national court procedure to the lack of procedural safeguards at the confluence of national and EU law.

Aperio, B. (2020). Composite Procedures and Procedural Guarantees: the “Borelli Doctrine” in the Light of ReNEUAL Model Rules. ROMA TRE LAW REVIEW(1), 7-36.

Composite Procedures and Procedural Guarantees: the “Borelli Doctrine” in the Light of ReNEUAL Model Rules

aperio bella
2020-01-01

Abstract

aBstraCt. In the last three dacades composite procedures have become increasingly significant in EU law, attesting the overcoming of the traditional dichotomy between direct and indirect administration. Among the case law of the European Court of Justice, the Oleificio Borelli case represents a paradigmatic example of the lack of protection that may occur during composite procedures, undermining the protection of individuals and, as a result, the principles on which EU administrative action is based. After an introduction on composite administrative procedure, sketching the main features of the European Agricultural Guidance and Guarantee Fund (EAGGF) in the context in which the Borelli case arose, this paper aims to re-read the leading case in the light of the draft of codification on administrative procedure presented by the Working Team ReNEUAL (Model Rules) in order to verify if, applying the Model Rules, the lack of procedural guarantees which emerged in that case can be dealt with. It will be argued that the insufficiencies that the Borelli case has shown can be addressed by shifting focus from the national court procedure to the lack of procedural safeguards at the confluence of national and EU law.
Aperio, B. (2020). Composite Procedures and Procedural Guarantees: the “Borelli Doctrine” in the Light of ReNEUAL Model Rules. ROMA TRE LAW REVIEW(1), 7-36.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/371928
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact