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  • FROM ADMINISTRATIVE LAW TO ADMINISTRATIVE LEGITIMATION? TRANSNATIONAL ADMINISTRATIVE LAW AND THE PROCESS OF EUROPEAN INTEGRATION

  • Ming-Sung Kuo
  • Journal:
    International & Comparative Law Quarterly / Volume 61 / Issue 4 / October 2012
    Published online by Cambridge University Press:
    26 October 2012, pp. 855-879
    Print publication:
    October 2012

  • Globalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its legitimacy on the fulfilment of administrative law requirements. However, given that in the European Union, administrative legitimation is rooted in Europe's constitutional transformation, I caution against the projection of Europe's experience onto global governance.