In search of an effective model of judicial control of composite proceedings in the conditions of integrated administration of the European Union

Project objective

The project concerns composite proceedings, which can be defined as proceedings characterized by the participation of administrative entities from different jurisdictions, in which the final administrative decision is issued by a Member State or a body of the European Union (EU). The procedure itself leading to the issuance of this act is characterized by the more or less formalized participation of its individual entities. The indicated proceedings are far from perfect, clear and precise. This imperfection is most visible in the sphere of their judicial review. The current model of judicial review of composite proceedings shows a strong attachment not only to the concept of executive federalism, but also to the dualistic approach to access to justice. The dualistic model of judicial review assumes a strict separation of the EU and national levels of jurisdiction. In other words, the measures of the EU legal system are subject to the exclusive jurisdiction of the Court of Justice of the European Union, while national measures are subject to national jurisdiction only. The aim of the project is therefore to attempt to answer the question of how to construct a model of judicial control of composite proceedings so that it meets the requirements of effectiveness and efficiency, as well as to determine to what extent and by what legal means it is possible to fill the gaps in this control by the EU legislator.

Research

The research in the project will focus primarily on identifying the currently applicable composite proceedings in EU law and indicating their genesis. The rights and obligations of the participants in these proceedings will be mapped. The analysis will also cover the principle of effective judicial protection, based mainly on the provisions of the EU Charter of Fundamental Rights, as well as the provisions of the European Convention on Human Rights and the case law of the European Court of Human Rights in Strasbourg. An important element of the research will be the identification of gaps in the system of judicial control of composite proceedings. The final stage of the research will be to determine in what areas and by what legal instruments it is possible to eliminate the identified gaps and ensure a standard of effective judicial protection.

The importance of research for the creation and application of law

The research conducted within the project will allow for the formulation of conclusions regarding the “expected” model of judicial control of composite proceedings. It is expected that the results of the planned research will play an important role in the development of legal sciences, providing new knowledge on the judicial control of these proceedings, as well as models of their protection (current, potential or postulated). The research assumes the creation of a comprehensive theoretical and legal reflection on the above proceedings and their role in the implementation of the objectives and policies of the European Union. The results of the planned research may also be a source of valuable reflection and a starting point for the national and EU administration, as they may enable and undertake realistic efforts to improve the current model of judicial control of composite proceedings. The research assumptions do not exclude the identification of other problems, conclusions and postulates related to access to justice in the above cases.