European Administrative Law and the Challenges of Uncertainty – Call for papers – DDL: 30.04.2022

The Editorial Board of the Review of European Administrative Law (REALaw) is pleased to announce a new edition of the REALaw Forum for young scholars. The 2022 REALaw Forum will take place in Toledo (Spain) on 6 and 7 October 2022, and will be hosted by the Center for European Studies of the University of Castilla-La Mancha. The overarching theme of the 2022 Forum is European Administrative Law and the Challenges of Uncertainty. The Forum’s aim is to discuss some of the many and diverse difficulties brought about by scientific or technological uncertainty in the production and enforcement of European Administrative Law. In view of the scope of REALaw, focus shall be put on administrative law of the EU and the European Convention of Human Rights, as well as on national administrative law – insofar as it might be relevant from a European or comparative perspective.

According to a standard description, decision-making under uncertainty is characterized by the lack or reliable estimates of the value of key variables, and by the lack of confirmed causal theories of the relations among them (Elster). This widespread feature of contemporary administration influences European Administrative Law from various perspectives. Uncertainty requires, on the one hand, adjustments in some of the structural building blocks of administrative law, ranging from administrative decision-making – the scope and structure of discretionary powers, the significance of the precautionary principle, the compensatory function of procedure, etc. –, to administrative organization – for instance, the role of experts in agencies and committees, or the production, access and interchange of administrative information –, and judicial control of administrative action – judicial deference and standards of review of administrative discretion and factual statements, conditions for granting damages, etc. On the other hand, uncertainty has a bearing on the evolution of EU law in many important fields of administrative action, such as public health, chemicals, environmental protection, etc. Administrative law is heavily influenced by uncertainty in those policy-areas from both a substantive and a procedural standpoint.

We invite young scholars (i.e., PhD researchers, and scholars until 5 years after having obtained their PhDs) to submit abstracts of maximum 500 words in a topic related to the broad theme of the Forum. Relevant sub-themes are (but are not limited to):

• Administrative decision-making under scientific or technological uncertainty (administrative discretion, precaution, transformation of administrative procedure, etc.).

• Administrative organization in areas of scientific or technological uncertainty (experts in agencies and committees, cooperation and interchange of scientific information, etc.).

• Judicial protection under scientific or technological uncertainty (judicial deference and standards of review of fact and discretion, conditions for granting damages, etc.).

• Sectoral approaches to European Administrative Law in areas of scientific or technological uncertainty (vaccines mandates/certificates, authorizations of medicines and chemical products, environmental protection, etc.).

Please submit your abstract before 30 April 2022 to realaw@rug.nl. Submissions will be reviewed by a commission formed by Dolores Utrilla, Annalisa Volpato and Luis Arroyo. Acceptances will be notified before the end of April.

A selection of the presented papers will be eligible for publication in a special issue of the Review of European Administrative Law. Authors of selected papers will be notified before the end of October.