Chapter III. Elements of the European Administrative Space in the primary law of the European Union

• Author: Catalin Silviu Sararu
• Pages: 49-62

Chapter III

Elements of the European Administrative Space in the pri-

mary law of the European Union

Section 1. Elements of the European Administrative Space in the pri-

mary legislation of the European Union

We will then look at a few elements of the legal architecture of the Euro-

pean Administrative Space covered by the Treaty on European Union (TEU), the

Treaty on the Functioning of the European Union (TfEU) and the Charter of Fun-

damental Rights of the European Union.

§1. Premises of administrative cooperation

According to the provisions of art. 197 TfEU the effective implementa-

tion of Union law by the Member States, which is essential for the proper func-

tioning of the Union, is a matter of common concern.

The Union can support Member States' efforts to improve their adminis-

trative capacity to implement Union law. This action may consist, in particular,

in facilitating exchanges of information and civil servants, as well as in support

of training programs. However, this support is optional, art. 197 (2), providing

that no Member State is required to use this support.

The European Parliament and the Council, acting by means of regula-

tions in accordance with the ordinary legislative procedure, shall lay down the

measures necessary for this purpose, with the exception of any harmonization of

the laws, regulations and administrative provisions of the Member States.

§2. Approximation of administrative laws

According to the provisions of art. 114 TfEU The European Parliament

and the Council, acting in accordance with the ordinary legislative procedure and

after consulting the Economic and Social Committee, shall adopt the measures

for the approximation of the laws, regulations and administrative provisions of

the Member States concerning the establishment and functioning of the internal

market. These provisions do not apply to tax provisions, those on the free move-

ment of persons and on the rights and interests of employed persons.