EIRP Proceedings, Vol 4 (2009)

The Citizen, the Administration and Community Law

Crina Rădulescu

Abstract


When the Maastricht Treaty on European Union entered into force in November 1993, every national of a Member State became, in addition, a citizen of the Union. The provisions concerning citizenship of the Union were inserted into the Treaty establishing the European Community as a new Part Two of the Treaty (Articles 8 to 8e). Hence they are firmly anchored in Community law. The public authorities with
which citizens are most likely to have personal contact are bodies carrying out administrative tasks. In relation to Community law and policies administrative tasks are carried out partly by Community institutions and bodies and partly by public authorities in the Member States. From the standpoint of the citizen, the  administrative activity of public authorities, at the Community level as well as at the national level, has three main aspects. First, it may involve restrictions or interference with private rights that normally enjoy legal
protection, such as property or privacy. Second, the administration provides benefits that an individual citizen
may wish to acquire such as subsidies, enforcement of his rights against third parties, or a job. Third, administrative bodies aim to provide public services which are of general benefit. All these aspects will be
described and analyzed in this paper.

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