Peculiarities of Licensing Regulation in the European Union

The article discusses the features of licensing regulations in the European Union. It analyzes the provisions of supranational law and the legislation of the Member States of the integration association. The research methodology includes logical, formal-dogmatic, as well as comparative-legal methods. It is noted that the EU legal system independently interacts with the systems of international law and the law of individual participating countries. In connection with the distribution of competence between the integration association and its members in the regulation of relations attributed to the joint jurisdiction and exclusive jurisdiction of the EU, the norms of supranational sources are given the priority. Since regulation of licensing procedures is determined by the nature of the distribution of competence of the EU and its participants, the sources of primary law are important, a special place among which is occupied by the Charter of the European Union on Fundamental Rights that establishes, among other things, the right to good administration, thereby forming the basis for administrative regulation. The article highlights that the concept of good administration as the basis of administrative procedures is also applied in the EU Member States by consolidating its provisions in national acts, primarily in constitutions and legislation. Analyzing the acts on licensing in the field of healthcare, as well as in the financial sector, the author concludes that the degree of detail of licensing provisions by supranational norms depends on the distribution of competence, as well as on the authorized type of activity. It is possible both to establish the basics of regulation through directives and the introduction of detailed rules of conduct when strengthening integration processes.

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