Towards a Draft Common Frame of Reference for Public Law?

Abstract

This chapter argues that a general codification and harmonization of the substantive administrative law of the Member States is not to be expected in the short or medium term. This does not mean that harmonization is not occurring. It is piecemeal rather than across the board or, as has previously been referred, harmonization by bits and pieces. These harmonized rules are not intended to serve as ready-made substitutes for national rules but can rather be regarded as ground rules within which national administrative law systems can continue to manifest themselves. It may be expected that these ground rules will prove very suitable for judicial dialogue and judicial competition and that further convergence of administrative law in the EU Member States will take place via this back door. Finally, the need for ‘internal harmonization’ of these European bits and pieces via the back door is discussed, and initiatives for harmonization of European private law (DCFR) and the potential of the Open Method of Coordination in this respect are considered.