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This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.
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.
This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are: 1 What is administrative law? Definitions, general administrative law versus specific areas of administrative law, general administrative law in the context of constitutional law (trias politica, federal-unitary state aspects), basic principles and the practice/evolution of administrative law etc. 2 Who is administrating? An outline of the administration (organs, agencies, individual persons etc. in specific administrative law areas) in the framework of the territorial and functional organisation of the State. 3 Which instruments are available to the administration? An overview of the available public law instruments and the possibility to use private law instruments. 4 Which (formal) rules/principles (written or unwritten) govern administrative actions? An elaboration on decision-making procedures (public participation etc.) under general administrative law and specific areas of administrative law as well as more substantive rules/principles for administrative actions/decisions: 'due process in administrative matters'. 5 Access to (administrative) courts against administrative actions/decisions. Who can go to which courts (constitutional, administrative or ordinary) and are prior out-of-court proceedings necessary? How intensive or marginal is the test (of discretionary administrative powers) by the courts and what are the possible rulings of the court (based on a remedy- system for the plaintiff or on more general powers for the courts). 6 Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.
Professor for Public Law German and European Administrative Law Ulrich Stelkens
Author : Professor for Public Law German and European Administrative Law Ulrich Stelkens Publisher : Oxford University Press, USA Page : 961 pages File Size : 34,9 MB Release : 2020-09-10 Category : Law ISBN : 0198861532
This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.
Author : Herwig C. H. Hofmann Publisher : Oxford University Press, USA Page : 785 pages File Size : 13,76 MB Release : 2018 Category : Law ISBN : 019878743X
This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.
This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.
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.
This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.
Author : Council of Europe Publisher : Council of Europe Page : 70 pages File Size : 28,34 MB Release : 2018-10-30 Category : Political Science ISBN : 9287188815
The public administration is above all for us, the protection of our rights and the pursuit of the public good. This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.
This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems which it poses, the Treaty establishing a Constitution for Europe being the point of reference. Under the Treaty general questions of administrative law are no longer addressed merely in a fragmented or incidental way but as a discipline that governs the exercise of sovereign powers by a supranational entity. This calls for a detailed examination of the fields which comprise European administrative law and the book therefore examines in some detail the key areas of rulemaking powers and normative instruments, the implications of the Charter of Fundamental Rights for European and national administrations, administrative procedure, and judicial protection within the European Union. The Foreword to the book is written by Professor Carol Harlow.