유럽통합의 공법적 영향에 관한 연구: 유럽통합이 독일행정법에 미친 영향을 중심으로

Abstract

Impact of the European Integration on national public laws of member states turns out to be unique and remarkable, which this article analyzes with its influence upon the German Administrative Law. European Administrative Law, which emerged originally as a discrete body of those special laws governing the organs of the European Community encompasses now broader elements like public laws of each member state to be applied to the Community relevant issues and cases as well as those public laws formed by various instances of the European Union like the Commission, Court of Justice of the European Communities etc. It exercises great influence upon the German administrative law primarily through the direct effect (Direktwirkung) and principle-guided reception of european laws and legal doctrines (prinzipiengeleitete Rezeption). At this moment it is almost impossible to understand the German administrative law without comprehending the influence of the European Integration upon it. So long as German administrative law plays a role as a reference model for Korean Administrative law, still in many ways, the changes in its legal doctrines and theories brought about by the European integration need to be correctly reviewed and analyzed with its current status of development. This article reviews those changes, especially in those legal doctrines and theories regarding legal forms of administrative activity (Rechtsformenlehre: including source of law and forms of administrative acts: Redusquellenlehre and Handlungsformenlehre), subjective public rights (subjective ？ffentliche Rechie), administrative discretion (Beurteilungsspielraum und Ermesseru and Administrative Guidelines and Standards (Verwaltungsvorschriten).