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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.