The article concerns the provisions for administrative cooperation among the Member States and between them and the Union from the EU law perspective. According to the Lisbon Treaty, in fact, administration plays a central role: it leaves off to be a national issue and becomes a “matter of common interest”. In particular, the article 197 TFEU shows that cooperation is preferred to the different models of integration and competition to the extent that it can be viewed as a requirement to new models of administrative action. Cooperation is capable to conciliate the devolution of administrative powers with the need for homogeneity, and this positively affects the Member States’ administrative capacity to implement EU law. However, the implementation of the innovations brought about by the Lisbon Treaty is still on going. A direction of the phenomena of convergence is still missing and there is not a suitable system of judicial review.
Macchia, M. (2012). Questione amministrativa e cooperazione dopo Lisbona: un nesso inscindibile. RIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO, 22(1), 85-111.
Questione amministrativa e cooperazione dopo Lisbona: un nesso inscindibile
MACCHIA, MARCO
2012-03-01
Abstract
The article concerns the provisions for administrative cooperation among the Member States and between them and the Union from the EU law perspective. According to the Lisbon Treaty, in fact, administration plays a central role: it leaves off to be a national issue and becomes a “matter of common interest”. In particular, the article 197 TFEU shows that cooperation is preferred to the different models of integration and competition to the extent that it can be viewed as a requirement to new models of administrative action. Cooperation is capable to conciliate the devolution of administrative powers with the need for homogeneity, and this positively affects the Member States’ administrative capacity to implement EU law. However, the implementation of the innovations brought about by the Lisbon Treaty is still on going. A direction of the phenomena of convergence is still missing and there is not a suitable system of judicial review.File | Dimensione | Formato | |
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