ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

6 TRANSNATIONAL ADMINISTRATIVE
PROCEDURE
The panel focuses on the transnational dimension of
administrative procedure. Such dimension, in contrast
with the traditional belief that administration is a sort
of national enclave, is a consequence of two main developments.
First, a body of transnational standards
of conduct for public authorities emerged in a variety
of areas. Second, EU law set out procedures that are
no longer in the hands of either the EU administration,
or its MS, but of both. Hence, interest balancing takes
place in new, trans-national patterns of public action.
Such patterns of action are under-theorized, but raise
complex issues not only from the viewpoint of transparency
and accountability, but also of efficiency and
effectiveness. Panelists will consider administrative
procedure in the context of both EU integration and
globalization.
Participants Luca De Lucia
Stephan Schill
Martina Conticelli
Herwig C.H. Hofmann
Matthias Ruffert
Edoardo Chiti
Name of Chair Giacinto della Cananea
Room UL6 2093
Luca De Lucia: From mutual recognition to
authorization: EU new procedures
The paper has two goals. First it seeks to examine
the main features of transnational administrative decisions
in the EU legal system (i.e. acts of one Member
State which, according to a European secondary legal
norm, produce juridical effects in one or more of the
other Member States). Second it discusses the tendency
towards centralisation in recent legislation and
the consequences of the abandonment of the model
of transnational administrative decisions in some important
economic areas. Finally, some brief conclusions
on the perspective of horizontal administrative
cooperation will be drawn.
administrative law and the nation state, such as the
development of models for public contracts by industry
organizations, the transborder migration of model
instruments, or the impact of financiers or guarantors
on the law governing public contracts.
Martina Conticelli: Foreign investments
protection. The transnational and global regime
of indirect expropriation
The paper takes into consideration the protection
of foreign investments as a case study in transnational
regulation.
By focusing on the regime of expropriation, the paper
discusses how procedural requirements, affirmed
through multiple mechanisms and different standards
of review, play a unifying role in transnational procedures,
and highlights the main features of foreign investments’
regime.
Herwig C.H. Hofmann: Transnational regulation
This brief contribution will discuss how the reality of
executive rule-making procedures with trans-territorial
effect, with other words, the creation of non-legislative
rules which have an effect outside the territorial limits
of the jurisdiction of origin. It maps the phenomenon,
discusses some of its central challenges for the realization
of general principles of law and considers possible
legal approaches addressing these. At the same
time, the contribution looks at how there is much more
domestic regulatory activity that is touched by transnational
regulatory activity – formal and informal – than
generally meets the eye. The contribution discusses
some consequences arising from this interplay.
Matthias Ruffert: Discussant
Edoardo Chiti: Discussant
Stephan Schill: Transnational Law of Public
Contracts
Introducing the recent book ‘Transnational Law of
Public Contracts’ (M. Audit & S. Schill, eds.), the presentation
discusses how recourse to the concept and
methods of transnational law provides a useful tool
to conceptualize the changes administrative law is
undergoing in the process of globalization. Using the
example of public contracts law, it shows how a transnational
legal approach allows to understand the normative
pressure administrative law is facing from both
binding international legal obligations and demands
by non-state actors, both private and public, which
are not binding but no less transformative in delinking
Concurring panels 32