Administering Europe?

Abstract

In conditions of political and constitutional uncertainty, administrative law requires reassessment. Three analyses of the once neo-liberal EU market (non-majoritarian, deliberative, heterarchical) show how its evolving socialization has resulted in politically pluralist market administration. Governmental, EU and private actors all voice their views within this administrative framework, but EC law does not determine which single view is legitimate. EU administration should therefore be viewed as entailing a complex process of interest accommodation rather than the simple execution of legislative mandates. Constitutional principles to 'civilize' debate are needed, ensuring that EU market management is not dominated by the strongest interest.