Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ Flore (Florence Rese...arrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
SSRN Electronic Journal
Article . 2018 . Peer-reviewed
Data sources: Crossref
versions View all 2 versions
addClaim

The Legal Nature of the Principle of Colegiality: A General Principle of EU Law?

Authors: Maria Patrin;

The Legal Nature of the Principle of Colegiality: A General Principle of EU Law?

Abstract

This paper investigates the legal nature of the principle of collegiality as a principle of EU law. It mainly asks the following questions: what kind of legal principle is collegiality? Can it be considered as a general principle of EU law in its own right? And how does it integrate the EU legal system? Collegiality is the main principle according to which the college of Commissioners adopts decisions and as such it identifies a key feature of the Commission’s internal decision-making. Yet its legal status has rarely been addressed by legal scholars and remains largely unexplored. The paper argues that collegiality constitutes a general principle of EU law in its full autonomy. However, because of its specific nature, its legal status is fundamentally affected by an underlying ambiguity, which resides in the dual functions performed by collegiality as a procedural principle of administrative law and as an institutional principle for the Commission’s organisation. The Court has recognized concrete legal effects to the principle of collegiality as a procedural principle protecting the interests of individuals affected by the Commission’s action. Beyond that, however, collegiality is also a broader principle determining the institutional articulation of the Commission’s work both at the college and at the administrative level. It thus constitutes a key element of EU Governance.

Country
Italy
Keywords

Principle of Collegiality; General Principles of EU Law; European Commission; Constitutionalisation; Institutional Principles; Court of Justice of the European Union

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green