The European Union's mixed administrative proceedings

The analysis of mixed administrative processes from a phenomenological and morphological point of view allows, first, their common feature to be identified— namely, the structural element deriving from the involvement of both Community administrations (in the strict sense) and national ones in the various stages of a proceeding. The structural element is at the same time a distinctive one in the sense that it differentiates mixed processes from other types. Accordingly, the notion of mixed administrative proceedings has a cognitive value. However, its importance is limited insofar as there are no rules or remedies that are characteristic of and exclusive to this type of process. In other words, it does not have its own legal framework, distinct from that of the entire universe of European administration. The notion is nevertheless useful, not only for referring to a distinct group of proceedings, but also for signaling that the corresponding legal regime presents imperfections, giving rise to the need for a set of rules capable of altering or perfecting the current rules.