European Administrative Decisions

Author : Giacinto Della Cananea
Publisher : Oxford University Press
ISBN 13 : 0198867603
Total Pages : 417 pages
Book Rating : 4.09/5 ( download)

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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 with total page 417 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.

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0198795300
Total Pages : 331 pages
Book Rating : 4.08/5 ( download)

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Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0199568626
Total Pages : 860 pages
Book Rating : 4.28/5 ( download)

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Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. 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.

Author : Herwig Hofmann
Publisher : Edward Elgar Publishing
ISBN 13 : 1848449208
Total Pages : 409 pages
Book Rating : 4.06/5 ( download)

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Download or read book Legal Challenges in EU Administrative Law written by Herwig Hofmann and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: But European administrative law is a work under construction. This book helps to explore the current state of affairs. Thomas Gross, Common Market Law Review Drs Hofmann and Türk made a name for themselves in the field of EU administrative law with their first collection of edited essays, EU Administrative Governance (Edward Elgar) 2006, which was well reviewed and made an important contribution to the subject. The focus of their new collection, Legal Challenges in EU Administrative Law, is accountability, internal through structures and procedures and external through courts and auditors. With its many useful contributions from well-known experts it promises well. Carol Harlow, London School of Economics, UK The move towards a system of integrated administration in the EU poses considerable legal challenges. This book explores ways in which accountability, legality, legitimacy and efficiency can be ensured in the multiple forms of co-operation of European and national administrations in the delivery of EU and EC policies. Examining the procedures and structures of European administrative integration, this innovative book will be a stimulating read for academics, researchers and both undergraduate and postgraduate students in European law.

Author : Denis J. Galligan
Publisher : Central European University Press
ISBN 13 : 9633865557
Total Pages : 449 pages
Book Rating : 4.52/5 ( download)

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Download or read book Administrative Law in Central and Eastern Europe written by Denis J. Galligan and published by Central European University Press. This book was released on 1998-10-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.

Author : Jürgen Schwarze
Publisher : Sweet & Maxwell Uk
ISBN 13 : 9780421454903
Total Pages : 1547 pages
Book Rating : 4.03/5 ( download)

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Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Uk. This book was released on 1992-01-01 with total page 1547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes the position of administrative law in the separate but parallel legal order of the EC and explores the limits of its future development. The influence of existing national rules are highlighted as well as the subsequent impact in each member state of the new European system. Part 1 of the text examines the characteristics of the administrative law systems in EC member states, legal constraints on administrative decisions, the principle of equality and the prohibition of discrimination as obligatory maxims of government action. The second section explores the principle of proportionality, legal certainty and the protection of legitimate expectations, and the principles of a constitutionally ordered administrative procedure."

Author : Dacian C. Dragos
Publisher : Palgrave Macmillan
ISBN 13 : 9783030452261
Total Pages : 497 pages
Book Rating : 4.63/5 ( download)

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Download or read book The Sound of Silence in European Administrative Law written by Dacian C. Dragos and published by Palgrave Macmillan. This book was released on 2020-09-26 with total page 497 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.

Author : Roberto Caranta
Publisher : Apollo Books
ISBN 13 : 9789089520715
Total Pages : 356 pages
Book Rating : 4.16/5 ( download)

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Download or read book Traditions and Change in European Administrative Law written by Roberto Caranta and published by Apollo Books. This book was released on 2011 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.

Author : Herwig C.H. Hofmann
Publisher : Oxford University Press
ISBN 13 : 0199286485
Total Pages : 1064 pages
Book Rating : 4.85/5 ( download)

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Download or read book Administrative Law and Policy of the European Union written by Herwig C.H. Hofmann and published by Oxford University Press. 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.

Author : René Seerden
Publisher : Intersentia nv
ISBN 13 : 9050952518
Total Pages : 378 pages
Book Rating : 4.14/5 ( download)

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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.