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National Pre-Authorisation Schemes and the EU's Demands for Objectivity Safeguards – Allowing Policy Discretion while Streamlining Administrative Process

Ericsson, Angelica LU (2024) p.163-180
Abstract
The chapter focuses on how process is reviewed in the general framework of EU legal analysis applicable to national pre-authorisation schemes. By examining the model of judicial review developed by the Court of Justice in this regard, I hope to enrich the discussion on what process federalism within the Union can look like and how it may function. After some brief explanations regarding the characteristics of national pre-authorisation schemes, focus is on the role of judicial review where legitimate national interests may justify precautionary regulation, both in regard to the authorisation scheme itself and to the administrative decisions adopted within such a scheme - and how this is handled within the special federal context of the EU,... (More)
The chapter focuses on how process is reviewed in the general framework of EU legal analysis applicable to national pre-authorisation schemes. By examining the model of judicial review developed by the Court of Justice in this regard, I hope to enrich the discussion on what process federalism within the Union can look like and how it may function. After some brief explanations regarding the characteristics of national pre-authorisation schemes, focus is on the role of judicial review where legitimate national interests may justify precautionary regulation, both in regard to the authorisation scheme itself and to the administrative decisions adopted within such a scheme - and how this is handled within the special federal context of the EU, where deference may be owed on more levels than within a single unitary legal system, but where the need to secure the rule of (EU) law seems all the greater.
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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
EU law, EU administrative law, Judicial review, Discretion, Precautionary regulation, Pre-authorisation, Process, Arbitrariness, EU-rätt
host publication
Process-Oriented Federalism in EU Law
editor
Groussot, Xavier and Harvey, Darren
pages
18 pages
publisher
EU Law Live
ISBN
978-84-123589-4-0
language
English
LU publication?
yes
id
bc75a59a-2dcf-4823-933b-8f55a8e3723a
date added to LUP
2025-03-03 08:59:15
date last changed
2025-04-04 14:31:49
@inbook{bc75a59a-2dcf-4823-933b-8f55a8e3723a,
  abstract     = {{The chapter focuses on how process is reviewed in the general framework of EU legal analysis applicable to national pre-authorisation schemes. By examining the model of judicial review developed by the Court of Justice in this regard, I hope to enrich the discussion on what process federalism within the Union can look like and how it may function. After some brief explanations regarding the characteristics of national pre-authorisation schemes, focus is on the role of judicial review where legitimate national interests may justify precautionary regulation, both in regard to the authorisation scheme itself and to the administrative decisions adopted within such a scheme - and how this is handled within the special federal context of the EU, where deference may be owed on more levels than within a single unitary legal system, but where the need to secure the rule of (EU) law seems all the greater.<br/>}},
  author       = {{Ericsson, Angelica}},
  booktitle    = {{Process-Oriented Federalism in EU Law}},
  editor       = {{Groussot, Xavier and Harvey, Darren}},
  isbn         = {{978-84-123589-4-0}},
  keywords     = {{EU law; EU administrative law; Judicial review; Discretion; Precautionary regulation; Pre-authorisation; Process; Arbitrariness; EU-rätt}},
  language     = {{eng}},
  month        = {{11}},
  pages        = {{163--180}},
  publisher    = {{EU Law Live}},
  title        = {{National Pre-Authorisation Schemes and the EU's Demands for Objectivity Safeguards – Allowing Policy Discretion while Streamlining Administrative Process}},
  year         = {{2024}},
}