Download or read book The Common Core of European Administrative Laws written by Giacinto della Cananea and published by BRILL. This book was released on 2023-07-24 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Download or read book The Common Core of European Administrative Laws written by and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Principles and Sector Specific Rules in European Administrative Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2024-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.
Download or read book The Common Core of European Administrative Law Project written by Mauro Bussani and published by . This book was released on 2019 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the basic aims of the project 'CoCEAL - The Common Core of European Administrative Law' is that of testing whether, and to what extent, the comparative legal methodology successfully developed under another initiative, that is, 'The Common Core of European Private Law' project, can be applied to the field of administrative law. This is why this paper will start by briefly describing the overall architecture, and the methodology underlying 'The Common Core of European Private Law' project. After reviewing and dismissing a few critiques that have through time been moved to the 'Common Core' enterprise, the paper will end with a sketch of the promises and challenges that the adoption of the 'Common Core' methodology might entail for the comparative research on European administrative law.
Download or read book Administrative Justice Fin de si cle written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-02-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910. These years saw both a growth of governments and either the entry into force or the consolidation of mechanisms of control on public authorities. Comparing the Austro-Hungarian Empire, Belgium, France, the German Empire, Italy, and the United Kingdom, this title focuses on their historical administrative actions and looks at their development during that time. The volume contains three sections. The first introduces the project and the topic. The second covers the six legal systems chosen for this study, looking at the historical context. The third takes a comparative approach across the six systems, following on from their histories to look at their development and legacies. This edited collection expands on the ideals of a common core within European administrative law and how they have shaped our world. This volume is an essential tool for anyone involved in administrative and constitutional law and legal history.
Download or read book Judicial Review of Administration in Europe written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-08-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.
Download or read book The Sound of Silence in European Administrative Law written by Dacian C. Dragos and published by Springer Nature. This book was released on 2020-07-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press, USA. This book was released on 2012-03-22 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Limited. This book was released on 2006-01-01 with total page 1562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development of an administrative law system in EU law, as distinct from the separate systems in member states' laws; shows how the general principles of administrative law are applied by the European courts; explains the impact of the European system on the national systems of administrative law; and more.
Download or read book PROCEDURAL REQUIREMENTS FOR ADMINISTRATIVE LIMITS TO PROPERTY RIGHTS written by CONTICELLI & PERROUD. and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Administrative Law and EU Administrative Law written by Edoardo Chiti and published by Springer Science & Business Media. This book was released on 2011-07-03 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.
Download or read book Administrative Law and Policy of the European Union written by Herwig C.H. Hofmann and published by Oxford University Press, USA. This book was released on 2011-10-27 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Administrative Law in the Constitutional Treaty written by Eva Nieto-Garrido and published by Bloomsbury Publishing. This book was released on 2007-10-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on EU Administrative Law written by Carol Harlow and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.
Download or read book Administrative Law Under European Influence written by Jürgen Schwarze and published by . This book was released on 1996 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law of the European Union Its Member States and the United States written by René Seerden and published by Intersentia nv. This book was released on 2002 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legitimacy in European Administrative Law written by Dornburg Research Group on New Administrative Law. Workshop and published by Trans Pacific Press. This book was released on 2011 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative law has been the object of thorough reform in various European jurisdictions. This process of transformation has considerable impacts on administrative legal scholarship in the respective countries. Profound changes in administrative activity have established new forms of administrative institutions which raise issues of legitimacy. Besides the consensus that administrative law, administrative activities, and administrative institutions have to be legitimate, the concept of legitimacy with respect to a common European framework is more than ambiguous. An analysis of the concept of legitimacy in different national legal systems promises valuable results for a discussion on the European Union level. Although the respective jurisdictions have different starting points with respect to issues of legitimacy, common sources can be detected. This is necessary in shaping and analyzing administrative law in the EU. This book comprises the results of the third workshop of the Dornburg Research Group of New Administrative Law, which took place in Paris in October 2009. The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from European jurisdictions.
