General Aims

In the 2011 EGPA´s Conference which took place in Bucharest, Prof. Susana Galera gave her presentation having the title Rule of Law and Global Governance. It was not a final research project yet but the conceptual and dogmatic framework where a further project will be developed.

It deals with the new ways to perform public power which has been consolidated during last decades of past century. This situation is known as Global Governance, which identifies how, through which actors and in what levels is currently performed public power. Being Global governance a fact, Global Law as its institutional and organizational architecture is currently emerging in parallel. However, Global Law is much more a running process than a (new) legal discipline as it has still to definer its elements and limits before its autonomy being affirmed. Currently, Global law is made up by sectorial statutory provisions which are mostly applied by international bodies which, consequently, perform administrative activity. In this framework, principles and administrative techniques has been successively arose in order to balance the exercise of public power with the legal status of parties involved in such activities ?parties who are not exclusively States anymore-.

The European background

The scholars who devoted their researches to European Administrative Law have been mainly focused on two aspects: how national administrative bodies take part in a unitary functional activity jointly with European Community officials (transnational administration) and how this has caused the main procedural general principles (access to the files, due process, grounding and reasoning ?) to be recognized by the Community bodies and, finally, by the European legal system itself.

This double analysis is currently applied to different empirical scene, as basic principles of administrative activity have already been recognized by the dispute resolution bodies set up in the most active international organizations: WTO, NAFTA, WB and some others. Some of these procedural principles have not only an administrative nature but have constitutional relevance as well. This perspective brings to us the classical Fritz Werner’s assertion: Administrative Law is concretized Constitutional Law. That is: while constitutional theories are trying to fit their dogmatic premises in a globalized scene, is a fact that some constitutional principles (like due process, among others) are emerging from the administrative rules and principles when applied by bodies set up in international organizations (mainly those with monitoring and/or dispute resolution duties). In other words, such constitutional rules are embodied in the administrative rules and principles applied by international organizations´administrative bodies while perform administrative activity. A sort of Trojan Horse.

To know more, see the general framework presented during the EGPA 2011 Conference in Bucharest by Prof. Susana Galera.