Associate Professor in EU Law

PhD Dean, Faculty of Law

Joana Mendes joined the Amsterdam Centre of European Law and Governance (ACELG) in 2009, after having obtained her doctoral degree at the European University Institute (Florence). Her PhD Thesis was awarded the Mauro Cappelletti Prize 2010, by the Law Department of the EUI. Previously, she had worked as a lecturer in Portugal, where she completed her Masters' degree in Public Law and her graduate legal studies (University of Coimbra). She has collaborated for several years with the Centre of Environmental Law Studies of the University of Coimbra, where she has taught water law to post-graduate students. She has published in different fields of public law, predominantly in EU Administrative Law.

• Curriculum Vitae

Research

Joana Mendes’s research interests lie in the field of EU Institutional Law and EU Administrative Law. She has a particular interest on procedural law, on the interplay between EU law and governance, between EU law and global regulatory regimes, on new forms of regulation and on the challenges they pose to administrative law. She uses comparative administrative law as a tool for the conceptual and theoretical understanding of administrative law developments in the transnational and global spheres.

Her monograph "Participation Rights in EU Rulemaking. A Rights-based Approach" (OUP, 2011) combines a conceptual analysis with a thorough empirical scrutiny in order to assess the scope of participation rights in EU law against their rationales and underlying legal values. The book shows why, in the face of new regulatory developments, traditional conceptions on participation rights are inadequate to ensure the legal protection of rights and interests affected by EU regulation and proposes a normative solution to this problem.

Joana Mendes has been awarded an individual research grant under the VENI grant scheme of the Netherlands Organisation for Scientific Research (NWO), for a project on “Unveiling EU Administrative Discretion: The Role of Law and Good Administration” (2013-2016). This project investigates the limits of law in structuring the exercise of EU administrative discretion and analyses whether good administration can be conceptualised with a view to overcoming these limits. In 2014, she was a Fulbright Visiting Scholar at Yale Law School.

She is a member of the steering committee of ReNEUAL – Research Network on EU Administrative Law – and one of the coordinators of its Rulemaking Working Group.

• List of Publications (for download)

• ACELG Research Program

• ReNEUAL (Research Network on EU Administrative Law)

Co-supervision of Doctoral Students

Sara Pernus

Eljalill Tauschinsky

Maarten Hillebrandt

Teaching

EU Administrative Law and Governance

Master Thesis Course

Books and Edited Volumes

Participation in EU Rulemaking. A Rights-based Approach, Oxford University Press, 2011

Legislação do Ambiente – Sistematizada e Comentada, co-authored with José Eduardo Figueiredo Dias, 2006, Coimbra: Coimbra Editora (5th edition)

European Law Journal, “Proceduralising EU non-legislative rules: Bridging the gaps” Vol. 19, No 1, 2013 (with Deirdre Curtin and Herwig Hofmann)

Articles

“Rule of law and participation: a normative analysis of internationalised rulemaking as composite procedures?”, International Journal of Constitutional Law, Symposium on “Multipolar Administrative Law”, Vol. 12, No 2, 2014, pp. 370-401

“Consumers’ Access to EU Competition Procedures: Outer and Inner Limits” (with Kati Cseres), Common Market Law Review, Vol. 51, No 2, 2014, pp. 483-521

"Constitutionalising EU Executive Rule-Making Procedures: A Research Agenda” (with Deirdre Curtin and Herwig Hofmann), European Law Journal, Vol. 19, No 1, 2013, pp. 1-21

“Delegated and implementing rulemaking: proceduralisation and constitutional differentiation”, European Law Journal, Vol. 19, No 1, 2013, pp. 22-41

“EU law and global regulatory regimes: hollowing out procedural standards?”, International Journal of Constitutional Law, Symposium “Public Authority in Global Governance”, Vol 10. No 4, 2012, pp. 988-1022

“Participation and the Role of Law after Lisbon: a Legal View on Article 11 TEU”, Common Market Law Review, Vol. 48, No. 6, 2011, pp. 1849-1878

“The Right to Be Heard in Composite Administrative Procedures: Lost in between Protection?” (with Christina Eckes), European Law Review, Vol. 36, No. 5, pp. 651-670

“Transparence et Participation: des Principes Démocratiques pour l'Administration de l'Union Européenne” (with Deirdre Curtin), Revue Française d’Administration Publique, No. 137-138, 2011, pp. 101-121

“La Bonne Administration en Droit Communautaire et le Code Européen de Bonne Conduite Administrative”, Revue Française d’Administration Publique, No. 131, 2009, pp. 555-571

“La Réforme du Système Administratif Portugais: New Public Management ou État néo-wébèrien?”, Revue Française d’Administration Publique, No. 119, 2006, pp. 533-55

“O Programa Polis – Soluções Especiais para um Problema Geral”, Revista de Centro de Estudos de Ordenamento do Território, Urbanismo e Ambiente (Urbanism, Territorial Order and Environmental Studies Center Law Review), IV, 1, 2001

Book chapters

“Democratic legitimacy of delegated and implementing rule-making: which role for participation?” in Carl Frederik Bergström and Dominique Ritleng (eds.) Rule-making by the European Commission: the New System, Oxford University Press (forthcoming, 2015)

“La legittimazione dell’amministrazione dell’UE: tra istanze istituzionali e democratiche” in Luca de Lucia and Barbara Marchetti (eds.), L’Amministrazione europea e il suo diritto, Il Mulino (forthcoming, 2015)

“The democratic foundations of the Union: representative democracy and the legal challenge of Article 11 TEU”, in Steven Blockmans and Adam Lazowski (eds.) Research Handbook in EU Institutional Law, Edward Elgar (forthcoming, 2015)

“Administrative procedure, administrative democracy”, in Jean-Bernard Auby (ed.) Droit comparé de la procédure administrative / Comparative Law of Administrative Procedure, Bruylant (forthcoming, 2015)

“Participation in rule-making: European Union” in Jean-Bernard Auby (ed.) Droit comparé de la procédure administrative / Comparative Law of Administrative Procedure, Bruylant (forthcoming, 2015)

“Article 42 – Right of access to documents” (with Deirdre Curtin) in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds.), The EU Charter of Fundamental Rights – A Commentary, Hart Publishing (2014), pp. 1099-1119

“Administrative Law Beyond the State: Participation at the Intersection of Legal Systems”, in Bernardo Mattarella and Edoardo Chiti (eds.) The Relationships Between Global Administrative Law and European Administrative Law, Berlin, London: Springer, 2011, pp. 111-132

“Participation and Participation Rights in EU Law and Governance”, in Herwig Hofmann and Alexander Türk (eds), Legal Challenges in EU Administrative Law. Towards an Integrated Administration, 2009, Cheltenham: Edward Elgar, pp. 257-287

“Direito Administrativo da Água” (Water Administrative Law), in Paulo Otero e Pedro Gonçalves (eds.), Tratado de Direito Administrativo Especial, Vol. II, 2009, Coimbra: Almedina, pp. 5-128

Working papers (peer-reviewed)

“Law, Public Interest and Interpretation: Prolegomena of a Normative Framework on Administrative Discretion in the EU, Yale Law School, Law, Economics & Public Policy Research Paper Series (forthcoming)

“Rule of law and participation: a normative analysis of internationalised administrative procedures ?” Jean Monnet Working Paper No. 13/13, 2013

(http://www.jeanmonnetprogram.org/papers/13/1313.html)

“EU law and global regulatory regimes: hollowing out procedural standards?”, Jean Monnet Working Paper No. 13/11, 2011

(http://www.jeanmonnetprogram.org/papers/11/111301.html)

“Good administration in EU law and the European Code of Good Administrative Behaviour”, EUI Working Paper 2009/09

(http://cadmus.eui.eu/handle/1814/12101)

Others

European Parliament Note – “Citizens and EU Administration: Direct and Indirect Links” (together with Deirdre Curtin), Directorate General for Internal Policies, Policy Department C: Citizen’s Rights and Constitutional Affairs – Legal Affairs, January 2011 (available at http://www.europarl.europa.eu/activities/committees/studies/download.do?language=en&file=34609)

Book reviews

M Dawson, “New Governance and the Transformation of European Law. Coordinating Eu Social Law and Policy, Cambridge”, Cambridge University Press, in Maastricht Journal of European and Comparative Law (forthcoming)

Evrard, C., «Les agences de l’eau. Entre recentralisation et décentralisation», Paris, L’Harmattan, 2006, in Revue Française d’Administration Publique, n.º 121-122, 2007, pp. 266-268

Case-law annotations

“Interesse público, interesses privados e omissões de uma decisão de direito”, comment to the Supreme Court of Justice ruling of 1^st March 2001, Revista do Centro de Estudos de Ordenamento do Território, Urbanismo e Ambiente (Urbanism, Territorial Order and Environmental Studies Center Law Review), year IV, 2, 2001

“A legitimidade passiva no contencioso ambiental – um por todos?”, comment to the Supreme Court of Justice of 16^th July 1999, Revista de Centro de Estudos de Ordenamento do Território, Urbanismo e Ambiente (Urbanism, Territorial Order and Environmental Studies Center Law Review), year III, 1, 2000

“Unveiling Administrative Discretion in the EU Composite Administration. Outline of a Normative Framework”, Yale Advanced Legal Studies Seminar, Yale Law School, April 2014

“Participation by non-state actors: governance, democracy or the rule of law, and why does it matter?” Expert Seminar on Constitutionalization of Multi-Level Governance, Antwerp, May 2013

“Internationalised decision-making and the rule of law: re-conceptualising procedures?” Workshop on The External Dimension of EU Private Law, European University Institute, Florence, March 2013

“Procedural legitimacy between legal geographies and transnational spaces: re-conceptualising decision-making procedures?” Seminar on “Toward a Multipolar Administrative Law – A Theoretical Perspective”, NYU Jean Monnet Center/IRPA, September 2012

“Procedural legitimacy between legal geographies and transnational spaces”, 3rd AUSTAT International Workshop on Authority Beyond States, Paris, 3/4 May 2012

“Access to administrative documents: losing sight of public interest?”, First ACELG Annual Conference, Amsterdam, 20 October 2011 and Transatlantic Conference on Transparency Research, Utrecht University, June 2012

“Delegated and implementing rulemaking: procedural differentiation?”, ReNEUAL Workshop on “Proceduralisation of non-legislative rule-making”, University of Luxembourg, Luxembourg, 4 November 2011

“EU law and global governance: shifts in public authority?”, Workshop “Global Governance as Public Authority: Structures, Contestation, and Normative Change”, Hertie School of Governance, Berlin 15 & 16 April 2011

“Participation rights after Lisbon: Article 11 TEU beyond Atlanta”, UACES Conference “The Lisbon Treaty Evaluated”, London, 31 January & 1 February, 2011

“Consumers’ participation rights in EU competition law proceedings”(with dr. Kati Cseres), Workshop on “Consumers’ participation rights in competition law procedures”, University of Amsterdam, October 2010

“The effects of the Europeanisation of international law on participation rights”, paper presented at the Conference “The relationships between global administrative law and European administrative law”, Istituto di Ricerca sulla Pubblica Amministrazione, IRPA, Rome, June 2010

“Civil Society, Participation Rights and Participatory Governance in the European Union: Responsive Architecture” (together with Deirdre Curtin), paper presented at the ReNEUAL workshop on Participation Rights in Rulemaking, Osnabrück, February 2010

“Accountability in rulemaking in the area of financial services: the EU in the context of global regulation”, paper presented at the II Global Administrative Law Seminar, Viterbo, Italy, July 2006

“Agencies as sites of participation? The cases of OHIM and EFSA”, paper presented at the 1^st Seminar for Doctoral Students and Junior Researchers, organized by the European Group of Public Administration (EGPA), Milano, September 2006

Invited presentations

Discussant, Conference “Towards a Grammar of Justice in EU Law” Vrije Universiteit-CELS/ Access Europe, Amsterdam, November 2014

Discussant, Roundtable “What's in a label? Understanding the EU in constitutional, executive, and/or administrative terms - A discussion of the nature of integration, and the nature of its legitimacy”, with Peter Lindseth, Vrije Universiteit-CELS/ Access Europe, Amsterdam, October 2014

“Rulemaking Procedures (ReNEUAL Book II)”, EU Ombudsman/ReNEUAL Conference “EU Administrative Procedures: Presenting and discussing the ReNEUAL Draft Model Rules, Brussels, European Parliament, May 2014

Discussant, “Multipolar Interaction in Governing Public Goods” – 9^th Global Administrative Law Seminar on Inter-Institutional Relations in the Global Regulatory Space: Theory and Practice, Viterbo, June 2013

“Participation by non-state actors: governance, democracy or the rule of law, and why does it matter?” Expert Seminar on Constitutionalization of Multi-Level Governance, Antwerp, May 2013

“Internationalised decision-making procedures and the rule of law”, GOLEM talk, London School of Economics, March 2013

“Internationalised decision-making and the rule of law: re-conceptualising procedures?” Workshop on The External Dimension of EU Private Law, European University Institute, Florence, March 2013

“Delegated and implementing rulemaking: proceduralisation and constitutional differentiation”, Conference on Comitology and Commission Rule-making after Lisbon: The New Chapter, University of Uppsala, October 2012

“La contribution de la participation publique dans la préparation des lois selon l’expérience européenne”, Conférence sur les défis de l’élaboration des textes légaux de qualité, SIGMA/Organisation for Economic Co-operation and Development (OECD), Rabat, October 2012

“Participation in rulemaking procedures: the EU and Portuguese administrative law” Workshop on the Codification of the French Administrative Procedure, Sciences Po (Chaire Mutations du Droit Public), project supported by the French Ministry for Justice (Mission de Recherche Droit & Justice), Administrative Court of Appeal, Paris, June 2012

Discussant – Symposium: EU Law Qua Global Governance Law?, University of Amsterdam/Vrije Universiteit Amsterdam, May 2012

“Procedural standards at the frontiers of the EU. An empirical account”,
Colloquium Administrative Law Beyond the State, University of Uppsala, March 2012

“Participation in EU Rulemaking: problems, challenges and possibilities of codification”, EU Ombudsman/ReNEUAL Conference “Towards an EU Administrative procedure law?, Brussels, European Parliament, March 2012

Principle of participation, “Roundtable on Principles of Good Governance” (Utrecht-Oxford), University of Utrecht, December 2011

Guest lecturer in Seminar on Procedures and Procedural Justice (Loïc Azoulai and Giorgio Monti), European University Institute, Florence, November 2011

Discussant in round table on “Research in EU law, in Europe, in China and elsewhere”, University of Macao, October 2011

Jean Monnet Seminar on “Participation rights and the role of law after Lisbon”, University of Macao, October 2011

Guest lecturer on “Water Law – International, Regional and Local Responses”, Legal and Judicial Training Centre of the Macao Special Administrative Region (Centro de Formação Jurídica e Judiciária, Macau) within the framework of the EU-Macao Co-operation Program in the Legal Field (2010-2012), October 2011

“Participation and the role of law after Lisbon: a legal view on Article 11 TEU”, EU Law Lunch Seminar on “Integration, Differentiation and Flexibility: New Perspectives on EU Law and Policy”, Department of International and European Law, University of Maastricht, March 2011

“Participation rights in EU rulemaking”, Faculty Seminar, University of Amsterdam, November 2010

“Participation rights in EU rulemaking”, Constitutional Dialogues Series, University of Tilburg, November 2010

“Water Law in the Portuguese legal system. Participation rights and access to justice”, CIDCE and CRIDEAU workshop, hosted in Pestum, Italy, by the University of Naples II, April 2008

“Participation in European Administrative Rulemaking”, seminar to the students of the Master of European Governance and Administration (Mega – Bundesakademie für öffentliche Verwaltung), at the European University Institute, Florence, 2006, 2007

“The fundamental right to environment”, lecture to the students of the Master’s Course on Human Rights, Law School, University of Coimbra, 2001, 2003

Other presentations

“Unveiling Administrative Discretion in the EU Composite Administration”, Yale Advanced Legal Studies Seminar, Yale Law School, April 2014

“EU Rulemaking Procedures – A Report”, Conference on Administrative Procedural Law in the EU, ReNEUAL (Research Network of European Administrative Law), Luxembourg, June 2013

“EU Law and Global Regulatory Regimes. Hollowing Out Procedural Standards?” Conference on Postnational Rulemaking between Authority and Autonomy, Amsterdam, September 2012

“Procedural legitimacy between legal geographies and transnational spaces: re-conceptualising decision-making procedures?” Seminar on “Toward a Multipolar Administrative Law – A Theoretical Perspective”, NYU Jean Monnet Center/IRPA, New York, September 2012

“Access to administrative documents: losing sight of public interest?” Transatlantic Conference on Transparency Research, Utrecht University, June 2012

“Procedural legitimacy between legal geographies and transnational spaces”, 3rd AUSTAT International Workshop on Authority Beyond States, Paris, May 2012

“Procedural standards and interlegality – A theoretical approach”, Conference “Law and Boundaries”, Sciences Po, Paris, March 2012

“Delegated and Implementing acts: Lines of differentiation”, ReNEUAL Workshop on “Proceduralisation of non-legislative rule-making”, University of Luxembourg, Luxembourg, November 2011

“Access to administrative documents: losing sight of public interest?”, First ACELG Annual Conference,  October 2011

“Delegated and implementing rulemaking: procedural differentiation?”, ReNEUAL Workshop on Rulemaking , University of Amsterdam, Amsterdam, May 2011

“EU law and global governance: shifts in public authority?”, Workshop “Global Governance as Public Authority: Structures, Contestation, and Normative Change”, Hertie School of Governance, Berlin,  April 2011

“Participation rights after Lisbon: Article 11 TEU beyond Atlanta”, UACES Conference “The Lisbon Treaty Evaluated”, London, February, 2011

“Citizens and EU Administration: Direct and Indirect Links” (together with Deirdre Curtin), Hearing of the European Parliament’s Committee on Legal Affairs, Brussels,  January 2011

“Consumers’ access to EU competition law procedures” (together with Kati Cseres), Workshop “Consumers’ participation rights in competition law procedures”, University of Amsterdam, Amsterdam, October 2010

“The effects of the Europeanisation of international law on participation rights”, Conference “The relationships between global administrative law and European administrative law”, Istituto di Ricerca sulla Pubblica Amministrazione, IRPA, Rome, June 2010

“Civil Society, Participation Rights and Participatory Governance in the European Union: Responsive Architecture” (together with Deirdre Curtin), ReNEUAL Workshop on Participation Rights in Rulemaking, University of Osnabrück, Osnabrück, February 2010

“Agencies as sites of participation? The cases of OHIM and EFSA”, 1^st Seminar for Doctoral Students and Junior Researchers, organized by the European Group of Public Administration (EGPA), Milan, September 2006

“Accountability in rulemaking in the area of financial services: the EU in the context of global regulation”, 2nd Global Administrative Law Seminar, Viterbo (Italy), July 2006

• Centro de Estudos do Direito do Ambiente
  brief series of lectures