Download or read book L erreur manifeste d appr ciation en droit administratif written by Dominique Lagasse and published by . This book was released on 1986 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L erreur manifeste d appr ciation written by Jean-Pierre Bourgois and published by . This book was released on 1988 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L erreur manifeste d appr ciation dans le contr le de l galit written by Jean-Pierre Bourgois (juriste).) and published by . This book was released on 1986 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Regulation Beyond the Non Delegation Doctrine written by Marta Simoncini and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law.
Download or read book L volution du contr le juridictionnel des motifs de l acte administratif written by Stavroula Ktistaki and published by . This book was released on 1991 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le contr le de proportionnalit dans les jurisprudences constitutionnelle et administrative fran aises written by Xavier Philippe and published by . This book was released on 1990 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: D'OU VIENT LE CONTROLE DE PROPORTIONNALITE? OU LE TROUVE T-ON? A QUOI SERT-IL? TELLES SONT LES TROIS QUESTIONS QUI CONSTITUENT LA TRAME DE CETTE THESE. LES SOURCES DU CONTROLE DE PROPORTIONNALITE SE REPARTISSENT ENTRE LES SOURCES DOCTRINALES ET LES SOURCES NORMATIVES. LES PREMIERES REGROUPENT L'ANALYSE DU CONCEPT DANS LES SCIENCES SOCIALES, SA SIGNIFICATION DANS LES JURISPRUDENCES ETRANGERES AINSI QUE LES CONTRIBUTIONS QUI LUI ONT ETE CONSACREES EN DROIT FRANCAIS. LES SECONDES RELIENT LE CONTROLE DE PROPORTIONNALITE A LA LOGIQUE QU'IMPLIQUE L'ORDRE NORMATIF. LES DOMAINES DU CONTROLE DE PROPORTIONNALITE COMPORTENT, QUANT A EUX, DEUX ASPECTS. LE CONTROLE DE PROPORTIONNALITE PEUT ETRE APPREHENDE COMME UNE TECHNIQUE EMPLOYEE PAR LE JUGE, SOIT A TRAVERS SES MOYENS, SOIT A TRAVERS SES METHODES. IL PEUT EGALEMENT ETRE ANALYSE A TRAVERS SON CHAMP D'APPLICATION, CE QUI FAIT RESSORTIR SA VALEUR EXPLICATIVE. ENFIN, CE CONTROLE POSSEDE CERTAINES FONCTIONS CONTENTIEUSES QUI PEUVENT ETRE IMMEDIATES OU MEDIATES, AINSI QUE CERTAINES FONCTIONS POLITIQUES QUI SONT L'EXPRESSION D'UNE POLITIQUE JURISPRUDENTIELLE, VOIRE PARFOIS D'UNE JURISPRUDENCE POLITIQUE
Download or read book Le contr le de l erreur manifeste d appr ciation en droit de l urbanisme written by Stéphane Autard and published by . This book was released on 1993 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L Erreur manifeste d appr ciation et le recours en cassation written by Chen (Chewen-Wen). and published by . This book was released on 1994 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard Charles Yourow and published by BRILL. This book was released on 2021-09-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.
Download or read book Les pr somptions en droit administratif written by Louis de Gastines and published by LGDJ. This book was released on 1991 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Limits of Transnational Law written by Guy S. Goodwin-Gill and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Download or read book La pr somption de faute dans le contentieux administratif de la responsabilit written by Françoise Llorens-Fraysse and published by . This book was released on 1985 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La faute du service public en droit administratif fran ais written by Michel Paillet and published by FeniXX. This book was released on 1980-01-01T00:00:00+01:00 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.
Download or read book La Th orie de la moralit administrative et la jurisprudence du Conseil d Etat en mati re d erreur manifeste d appr ciation written by Jacky Hummel and published by . This book was released on 1993 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le contr le juridictionnel de l autorit disciplinaire dans la fonction publique par le biais de l erreur manifeste d appr ciation written by Suchida Ajanakitti and published by . This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lasok s European Court Practice and Procedure written by K P E Lasok KC and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 1899 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the European Court of Justice and the Court of First Instance drafts its own procedural rules, and when it makes decisions on procedural matters, it turns to the highly regarded Lasok's European Court Practice and Procedure for confirmation and guidance. Fully revised and updated the fourth edition: 1. Explains the implications of Brexit and the residual jurisdiction of the ECJ in relation to the UK under the Withdrawal Agreement. 2. Takes account of and provide in-depth analysis of all case law since the previous edition. 3. Provides guidance on the new General Court Rules of Procedure. 4. Provides new commentary on the Judges and Advocates General caused by Brexit and the current ongoing litigation concerning Advocate General Sharpston. 5. Includes additional commentary on the confidentiality regime for cases raising security concerns. Written by the internationally acknowledged expert in this area of law Lasok's European Court Practice and Procedure is the leading and must have work for anyone preparing a case to be heard before the European Court of Justice. This title is included in Bloomsbury Professional's Practice and Procedure online service.
