PP705
Analítico de Periódico
PARONA, Leonardo
L'influenza del diritto Europeo sulla disciplina dei procedimenti amministrativi nazionali / Leonardo Parona
Rivista Italiana di Diritto Pubblico Comunitario, a.31 n.3-4 (2021), p.491-553
DIREITO COMUNITÁRIO, DIREITO ADMINISTRATIVO, PROCEDIMENTO ADMINISTRATIVO, AUTORIDADE ADMINISTRATIVA, ESTADOS MEMBROS, TRATADO DE LISBOA, APLICAÇÃO DO DIREITO COMUNITÁRIO, GARANTIAS PROCESSUAIS
The article examines the influence of European Union law on the rules governing administrative procedures carried out by the public authorities of the Member States. The work is based on a quantitative and qualitative analysis of EU secondary law enacted after the entry into force of the Treaty of Lisbon prescribing specific procedural rules that apply to national authorities when implementing EU law. After an analysis of the type of prescribed procedural duties and guarantees, as well as of the overall influence exerted by such procedural rules, the article develops a more in-depth and sectorial analysis. In order to do so, the analysis is carried out with reference to four areas in which EU law deeply conforms the procedures that national authorities are obliged to comply with, that is: i) asylum proceedings; ii) industrial emissions authorization and environmental impact analysis proceedings; iii) custom proceedings; iv) railroad transportation regulation and licensing proceedings. In light of the sectoral analysis, the article then examines how such rules have an impact on national procedural autonomy (significantly limiting it) and explains in which terms such impact tends to generate greater convergence in the discipline of administrative procedure among the Member States. Notwithstanding such undeniable and expanding convergences, the article conclusively notices that the interplay between EU law and national laws on the one hand, and general principles and sectoral rules on the other, leaves space for certain — limited — differences in the regulation of administrative procedure.