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A Few Words about the Existence of Constitutional European Administrative Procedural Law

Traditionally administrative procedural law consists of two parts: one regulates legal relationships between the state and its citizens (so-called administrative official procedural law), the other arranges legal administrative relations among authorities. Considering the present national administrative systems, the administrative official procedural law is being emphasized. Main tendencies in practice are to constrain the executive power of the state within constitutional frame of law and to guarantee gradually expand the fundamental rights of citizens. In regards of the federal form of the European Union the situation is absolutely different: it was the main aim here to establish and strengthen common administration against the interests of member states. Is it time to shift emphasis on the relationship of EU and its citizens? Does European administrative procedural law exist at all? What forms and levels of standardization can be expected? The main purpose of this study was to prove that administrative procedure requires common EU regulation within the framework of European administration by all means, as this is that special field of law by which the administrative body directly meets the EU citizens. Consequently these cases carry danger that fundamental rights of citizens may be impaired – its occurence in a constitutional state is undeniably not desirable by any means. Thus a guideline seems indispensable serving parties at either side of the administrative legal relationship. Reflecting these, all we have is hope that this target would be met – by the European Constitution or any other suitable ways.