CYIL Vol. 7, 2016
CYIL 7 ȍ2016Ȏ INTERNATIONAL ADMINISTRATIVE LAW AND ADMINISTRATIVE ACTS… 12. In the particular case of coordinated transterritorial proceedings the applicable provisions of EU law plead for coordinated issuance of administrative decisions that have to establish certain mutual rights and obligations of concerned parties. Consequently, the applicable law presumes implicitly that the coordinated administrative decisions will become legally effective simultaneously , establishing rights and obligation for the addressees in territories of all concerned States at the same time. Any other interpretation may jeopardise the aim and the goals of the applicable provisions. Consequently, one may argue, there are mutual transnational effects 81 of the decisions issued vis-à-vis the legal effectivity of the corresponding decision. Consequently, a coordinated decision issued contrary to applicable law may potentially also jeopardise the legal effectivity of the corresponding decision. Also, we have to bear inmind that the aimof the Regulation is not only that the coordinated decisions become legally effective simultaneously, they also have to simultaneously remain legally effective for a particular period of time. 13. It is a matter of fact that the EU law provides for some basic features concerning the content of the coordinated decisions. 82 Further, the applicable law explicitly proclaims that the competent national authorities should consider the projects of common interest as being in the public interest . 83 However, the applicable law remains silent concerning several crucial procedural aspects of these decisions. While any binding provisions regarding various procedural issues are missing in the EU secondary legislation, national procedural law is to be applicable vis-à- vis these coordinated administrative decisions. 84 However, the national rules of administrative proceedings basically do not provide for any specific provisions concerning decisions which are to be issued in co-ordination with administrative authorities of other Member States. Consequently, what concerns the legal form, the legal effectivity and the possibilities for cancelling, or change, these decisions are to be considered ordinary administrative decisions, issued pursuant to the rules of administrative proceedings in respective jurisdiction. 81 NICOLAIDIS, K., SHAFFER, G. Transnational Mutual Recognition Regimes: Governance Without Global Government , Law and Contemporary Problems, 2005, p. 312. 82 Further, the Agency issued a non-binding „Recommendation regarding the cross-border cost allocation requests submitted in the framework of the first Union list of electricity and gas projects of the common interest” on 25 th September 2013. 83 Projects of common interest should be given ‘priority status’ at national level to ensure rapid administrative treatment. Projects of common interest should be considered by competent authorities as being in the public interest. Authorisation should be given to projects which have an adverse impact on the environment, for reasons of overriding public interest, when all the conditions under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy are met. 84 DE LUCIA, L. Conflict and Cooperation within European Composite Administration (Between Philia and Eris). Review of European Administrative Law, 2012, p. 73.
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