EU external action and the administrative rule of law : a long-overdue encounter

Abstract

The thesis uses as case studies the Stabilisation and Association Process and the European Neighbourhood Policy in order to exemplify the increasing role played by the Unionﾒs administrative power in external relations. While seemingly harmless, the administrative power bears important legal consequences regarding the position of individuals, of third countries, and of the Union as a whole. In a system based on the rule of law (and committed to its respect in external relations), it is crucial to question whether implementing arrangements are in place or ought to be put in place with the aim of subjecting the external administrative power to administrative rules and principles. The analytical framework suggested by the thesis uses as a starting point the features and the impact of the administrative power externally. Based on this analysis, it identifies which administrative law principles (as developed within the framework of the internal market) have the potential of giving effect to the administrative rule of law externally once applied and operationalized in the external domain. Despite the increasing role granted to administrative power externally, administrative law in external relations is underdeveloped. Therefore, the analytical framework suggested by this thesis is relevant as it helps to ensure that the action of the Union in the international scene is carried out in compliance with its constitutional spiration, i.e. upholding the rule of law in its relations with the outer world, and as it structures the relation between the Union and individuals, and between the Union and third countries. The 'long-overdue encounter' between EU external relations and EU administrative law ought to be encouraged. The thesis aims to offer a methodology for structuring such an encounter and for planning venues for future meetings.