Codification Of Administrative Procedure

Author : Jean-Bernard Auby
Publisher : Primento
Page : 390 pages
File Size : 40,8 Mb
Release : 2013-11-27
Category : Law
ISBN : 9782802743798

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Codification of Administrative Procedure by Jean-Bernard Auby Pdf

The law on administrative procedure regulates the processes through which administrative decisions and administrative projects are elaborated. It is more and more regarded as essential in administrative laws: it is really considered as the central part of it in some systems. In many jurisdictions, rules concerning administrative procedure are codified, gathered in a single piece of general legislation: in a few, it remains non codified. The book is made of the different contributions presented on the topic to the last congress of the International Academy of International Law (Taipei, 2012): national reports on twenty countries and a general report. These contributions examine the way administrative procedure became codified, the obstacles which had to be overcome, the main orientations of the codes, their evolution in time; alternatively, they explain why administrative procedure is not codified. Providing extensive materials on an issue which is a concern in many administrative laws and many administrative systems, the book is intended for all searchers and experts in administrative law and public management, whether academics or practitioners.

Author : Giacinto della Cananea,Angela Ferrari Zumbini,Otto Pfersmann
Publisher : Oxford University Press
Page : 353 pages
File Size : 50,6 Mb
Release : 2023-02-04
Category : Law
ISBN : 9780192637758

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The Austrian Codification of Administrative Procedure by Giacinto della Cananea,Angela Ferrari Zumbini,Otto Pfersmann Pdf

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Author : Giacinto della Cananea,Angela Ferrari Zumbini,Otto Pfersmann
Publisher : Oxford University Press
Page : 353 pages
File Size : 54,6 Mb
Release : 2023-02-28
Category : Electronic
ISBN : 9780198867623

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The Austrian Codification of Administrative Procedure by Giacinto della Cananea,Angela Ferrari Zumbini,Otto Pfersmann Pdf

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 44,7 Mb
Release : 2017
Category : Law
ISBN : 9780198795308

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ReNEUAL Model Rules on EU Administrative Procedure by Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller Pdf

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 : Felix Uhlmann
Publisher : Hart Publishing
Page : 0 pages
File Size : 55,9 Mb
Release : 2025-01-23
Category : Law
ISBN : 9781509954964

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Codification of Administrative Law by Felix Uhlmann Pdf

This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: Does codification increase predictability and legal certainty? Does codification lead to a 'petrification' of administrative law? To what degree does the constitution shape administrative law? Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis. This ebook is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com.

Author : Terrence Hamilton Hall,Law Reform Commission of Canada
Publisher : Unknown
Page : 550 pages
File Size : 47,8 Mb
Release : 1982
Category : Administrative courts
ISBN : OCLC:150544591

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A Draft Administrative Procedure Code for Federal Adjudicatory Hearings by Terrence Hamilton Hall,Law Reform Commission of Canada Pdf

Author : Matthias Ruffert
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 2016
Category : Administrative law
ISBN : 9089521852

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The Model Rules on EU Administrative Procedures by Matthias Ruffert Pdf

In various European countries, debates on the transformation of administrative law are held from a national perspective and with different intensity. Given the considerable effects such a discussion may have on the methods of administrative legal scholarship, an analysis of these developments in a European context promises valuable results. For this purpose, a long term transnational exchange of ideas - between administrative law scholars from England, France, Germany, Italy, Spain and Sweden, was initiated in 2005 in Dornburg Castle and then continued with meetings in London (2007), Paris (2009) and Dornburg Castle again (2012). The fifth workshop took place in Rome in April 2015. This time, the group considered a proposal for codification, the Model Rules of the Research Network on European Administrative Law (ReNEUAL). It analysed the Third Book of the Model Rules on single administrative decisions in particular. The editor Matthias Ruffert was Professor of Public Law, European Law and Public International Law at the Friedrich-Schiller-UniversitÃ?¤t Jena at the time of the workshop and is now Professor of Public Law and European Law at the Humboldt-UniversitÃ?¤t zu Berlin. He initiated the group and is co-leading it with Pascale Gonod, UniversitÃ?Â(c) de Paris I, PanthÃ?Â(c)on-Sorbonne, and Andrew Le Sueur, University of Essex, Colchester. (Series: European Administrative Law, Vol. 11) [Subject: Administrative Law, European Law]

Author : Wen-Yeu Wang
Publisher : Springer Science & Business Media
Page : 374 pages
File Size : 52,9 Mb
Release : 2014-02-12
Category : Law
ISBN : 9783319034553

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Codification in International Perspective by Wen-Yeu Wang Pdf

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 48,7 Mb
Release : 2021
Category : Judicial review
ISBN : 9780198867609

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Judicial Review of Administration in Europe by Giacinto Della Cananea,Mauro Bussani Pdf

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 : Peter Cane
Publisher : Ashgate Publishing
Page : 598 pages
File Size : 44,9 Mb
Release : 2002
Category : Administrative law
ISBN : STANFORD:36105060708612

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Administrative Law by Peter Cane Pdf

Designed to complement the first volume on administrative law which was published as part of the original series of The International Library of Essays in Law and Legal Theory, the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal.

Author : Anonim
Publisher : Unknown
Page : 173 pages
File Size : 51,7 Mb
Release : 2017
Category : Electronic
ISBN : 8381280923

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The code of administrative procedure by Anonim Pdf

Author : Ivan Todorov
Publisher : Unknown
Page : 472 pages
File Size : 47,6 Mb
Release : 2008
Category : Administrative acts
ISBN : STANFORD:36105064283489

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Individual Administrative Acts Under the Bulgarian Administrative Procedure Code by Ivan Todorov Pdf

Author : Alberta Law Reform Institute
Publisher : Edmonton: The Institute
Page : 224 pages
File Size : 51,8 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105062047944

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Powers and Procedures for Administrative Tribunals in Alberta by Alberta Law Reform Institute Pdf

Existing legislation governing the procedures of adjudicative tribunals in Alberta is not up to date and limited in its coverage. The purpose of this report is to provide procedural rules that take into account case law developments relative to the requirements of natural justice and new procedures to enhance efficiency & effectiveness, and to make the rules available to all tribunals. The first chapter sets out the shortcomings of the existing legislation the Administrative Procedures Act, and the steps taken to develop a modernized Model Code of powers and procedures. Chapter 2 sets out principles on which the Code provisions are based. Chapter 3 contains recommendations with regard to the Code implementation process. Chapter 4 contains the Model Code itself in four sections: pre-hearing procedures, hearing powers & procedures, tribunal decisions & reasons, and miscellaneous powers. The final chapter contains draft legislation for adopting the Model Code.

Author : United States. Department of Justice
Publisher : Unknown
Page : 156 pages
File Size : 41,7 Mb
Release : 1947
Category : Administrative agencies
ISBN : STANFORD:36105044111073

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Attorney General's Manual on the Administrative Procedure Act by United States. Department of Justice Pdf

Author : United States
Publisher : Unknown
Page : 1464 pages
File Size : 40,5 Mb
Release : 1971
Category : Law
ISBN : UOM:39015033909279

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United States Code by United States Pdf