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A jurisdiction of jurisdictions

Authors: Fernández-Gaztea, J.K. (Joseba Koldo);

A jurisdiction of jurisdictions

Abstract

Multi-level governance (‛MLG’) systems generate accountability problems. The difficulties are visible in policy-making processes as well as in regulatory and law implementation efforts. Accountability matters have been identified in European governance and non-European governance.1 European administrative law has dealt with the judicial angle to the MLG accountability quandary. Specifically, the focus has been put on the deficient legal protection of a citizen when he is a party to a European administrative cooperative procedure, i.e. a procedure in which administrations from different Member States participate, or a procedure in which administrations of one or various Member States plus the EU participate. Scholars have raised this concern and put forward various solutions. However, one alternative has not been explored yet. This alternative is the idea of aligning adjudicative jurisdictions (that of Member States and the CJEU) so as to form a cooperative mode for the revision of cooperative procedures: a European jurisdiction integrated by the coordinated action of European juris- dictions. The idea may sound sensible to the ears of political scientists but less so to legal scholars because current EU constitutional constraints block the implementation of such a proposal. But, is there really no legal argument to ground a European-level cooperative exercise of jurisdiction over cooperative procedures? If there were, not only could it inspire European MLG, but it might also shed some light on MLG systems outside Europe. The article addresses the challenge of how such argumentation should be shaped.

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Keywords

Materias Investigacion::Derecho, Cooperative procedures, European jurisdictions

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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