During the last fifteen years bodies of the European Union and the Council of Europe have approved new soft law documents regarding administrative procedure. Besides that, the Model Rules on European Union Administrative Procedure have been undertaken by the Research Network on EU Administrative Law, the team that has included about a hundred of administrative law professors from different EU states. These documents can be translated into European Union’s Law on administrative procedure as well as to legislation of countries that do not have a general law code on administrative procedure, including Ukraine.Codification of law on administrative procedure in the above-mentioned documents is called “innovative codification” that changes significantly the administrative procedure and thus differs from consolidation that is typical for common law countries in the analysed sphere. Such a codification has many advantages but can also lead to some failures in the process of its implementation. For example, the rules governing the relation between general law code on administrative procedure and sector-specific laws in some areas of public administration’s activities must be strict and understandable. Possible contemporary solutions to this question in the above-mentioned soft law documents are analysed in the article.The depth of every codification is also a very important question before its realization. The Model Rules on Administrative Procedure of the European Union take into consideration not only external instruments of public administration’s activities single-case decisions, normative acts and public contracts, but also internal forms of cooperation between administrative units, at least partly.The proposed codification of law on administrative procedure must be based on two fundamental principles — rule of law and right to good administration. Both fundamental principles foresee numeral elements — more narrow respected principles.Finalising de lege ferenda, codification of law on administrative procedure is an all-European tendency. Contemporary soft law documents and best experience in this sphere must be used not only in the law of the European Union, its Member States but also in Ukraine.
Apr 21, 2021
Feb 12, 2021
|Kodifìkacìâ zakonodavstva pro admìnìstrativnu proceduru âk zagal′nonoêvropejs′ka tendencìâ||Apr 21, 2021|
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