[PDF] The Changing Administrative Law Of An Eu Member State The Italian Case eBook

Author : Domenico Sorace
Publisher : Springer Nature
Page : 406 pages
File Size : 13,65 MB
Release : 2020-09-26
Category : Law
ISBN : 3030507807

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This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.

Author : Diana-Urania Galetta
Publisher : Springer Science & Business Media
Page : 160 pages
File Size : 33,83 MB
Release : 2010-07-23
Category : Law
ISBN : 3642125476

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Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

Author : Mariolina Eliantonio
Publisher : ISBS
Page : 440 pages
File Size : 18,61 MB
Release : 2009
Category : Law
ISBN : 9789076871974

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Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.

Author : Paolo Graziano
Publisher : Routledge
Page : 202 pages
File Size : 49,5 MB
Release : 2013
Category : Political Science
ISBN : 0415574919

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This book examines the impact of Europeanization on the domestic politics of EU member states, focussing on agricultural policy, cohesion policy and employment policy with a detailed comparative case study on Italy. Though a founding member, Italy has often had an uneasy relationship with the EU and found it difficult to be influential in EU politics and to comply effectively with EU policies and institutional pressures. The main focus of this book is the analysis of Italy-EU relationship from a policy-based perspective, adopting the conceptual lenses developed by Europeanization research. By looking at the evolution of agricultural, regional cohesion and employment policy the book shows how the politics of adaptation have brought Italy closer to Europe in the past twenty years and further highlights the impact of the EU-Italy relationship on domestic institutions and politics. The author explains that even though Italy has increasingly learned to respect EU membership requirements, its influence over agenda setting within the EU remains limited. Europeanization and Domestic Policy Change will be of interest to students and scholars of European Politics, Europeanization, comparative politics and Italian politics.

Author : Paul Craig
Publisher : Oxford University Press
Page : 994 pages
File Size : 29,80 MB
Release : 2018-10-25
Category : Law
ISBN : 0192567454

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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Author : Paul Craig
Publisher : Oxford University Press
Page : 331 pages
File Size : 29,25 MB
Release : 2017
Category : Law
ISBN : 0198795300

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This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

Author : Herwig C.H. Hofmann
Publisher : Oxford University Press, USA
Page : 1064 pages
File Size : 13,86 MB
Release : 2011-10-27
Category : Law
ISBN : 0199286485

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This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.

Author : Robert Krimmer
Publisher : Springer Nature
Page : 241 pages
File Size : 20,39 MB
Release : 2021-07-02
Category : Computers
ISBN : 3030798518

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This open access State-of-the-Art Survey describes and documents the developments and results of the Once-Only Principle Project (TOOP). The Once-Only Principle (OOP) is part of the seven underlying principles of the eGovernment Action Plan 2016-2020. It aims to make the government more effective and to reduce administrative burdens by asking citizens and companies to provide certain standard information to the public authorities only once. The project was horizontal and policy-driven with the aim of showing that the implementation of OOP in a cross-border and cross-sector setting is feasible. The book summarizes the results of the project from policy, organizational, architectural, and technical points of view.

Author : Marta Cartabia
Publisher : Bloomsbury Publishing
Page : 252 pages
File Size : 24,86 MB
Release : 2022-02-10
Category : Law
ISBN : 1509905731

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This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.