Judicial Review Of Administration In Europe

Author : Giacinto della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 400 pages
File Size : 50,6 Mb
Release : 2021-08-23
Category : Law
ISBN : 9780192637710

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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 : Mariolina Eliantonio,Dacian C. Dragos
Publisher : Taylor & Francis
Page : 270 pages
File Size : 55,6 Mb
Release : 2022-11-11
Category : Law
ISBN : 9781000781366

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Indirect Judicial Review in Administrative Law by Mariolina Eliantonio,Dacian C. Dragos Pdf

This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Author : Giacinto Della Cananea,Mads Tonnesson Andenaes
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2021
Category : Electronic
ISBN : 0192637703

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Judicial Review of Administration in Europe by Giacinto Della Cananea,Mads Tonnesson Andenaes Pdf

Author : Chris Backes,Mariolina Eliantonio
Publisher : Bloomsbury Publishing
Page : 1031 pages
File Size : 52,6 Mb
Release : 2019-08-08
Category : Law
ISBN : 9781509921485

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Cases, Materials and Text on Judicial Review of Administrative Action by Chris Backes,Mariolina Eliantonio Pdf

This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Author : Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen
Publisher : Springer
Page : 198 pages
File Size : 40,6 Mb
Release : 2019-06-07
Category : Law
ISBN : 9789462653078

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Judicial Review of Administrative Discretion in the Administrative State by Jurgen de Poorter,Ernst Hirsch Ballin,Saskia Lavrijssen Pdf

This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

Author : Paul Craig
Publisher : Oxford University Press
Page : 860 pages
File Size : 50,5 Mb
Release : 2012-03-22
Category : Law
ISBN : 9780199568628

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EU Administrative Law by Paul Craig Pdf

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. Committee of Ministers
Publisher : Council of Europe
Page : 32 pages
File Size : 54,6 Mb
Release : 2005-01-01
Category : Political Science
ISBN : 9789287157461

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The Judicial Review of Administrative Acts by Council of Europe. Committee of Ministers Pdf

In light of the variety of legal traditions in Council of Europe member states in relation to administrative law, this publication details Recommendation Rec (2004) 20, adopted in December 2004, which sets out general rules for the judicial review of administrative acts, in order to consolidate the rule of law and human rights in Europe. The Recommendation sets out five principles which are to be applied by the governments of member states, relating to the scope of judicial review, access to judicial review, the independence and impartiality of the courts, the right to a fair trial and the effectiveness of judicial review.

Author : René Seerden,F. A. M. Stroink
Publisher : Intersentia nv
Page : 378 pages
File Size : 46,8 Mb
Release : 2002
Category : Administrative law
ISBN : 9789050952514

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Administrative Law of the European Union, Its Member States and the United States by René Seerden,F. A. M. Stroink Pdf

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.

Author : Giacinto della Cananea,Stefano Mannoni
Publisher : Oxford University Press
Page : 368 pages
File Size : 40,8 Mb
Release : 2021-02-04
Category : Law
ISBN : 9780192637635

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Administrative Justice Fin de siècle by Giacinto della Cananea,Stefano Mannoni Pdf

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.

Author : Christian Adam
Publisher : Springer
Page : 179 pages
File Size : 54,6 Mb
Release : 2016-04-20
Category : Political Science
ISBN : 9781137578327

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The Politics of Judicial Review by Christian Adam Pdf

This book unites scholarship on law and politics with compliance research in the EU to shed light on the political role of a neglected dimension of litigation in the EU: the political role of governmental actions for annulment. The book does not portray national governments as passive actors within the EU’s judicial arena. Instead it focuses on cases in which national governments turn to the Court of Justice to litigate against the European Commission, and provides several answers to the question of why EU member state governments take this decision. Governments hope, on the one hand, to evade costly domestic adjustments where the Commission uses administrative acts to interfere with domestic policy application. On the other hand, governments hope to provoke judicial law-making to influence the long-term development of EU administrative law and sectoral regulation. The book will be of particular interest to political scientists and legal scholars. .

Author : Zoltán Szente,Konrad Lachmayer
Publisher : Routledge
Page : 416 pages
File Size : 54,5 Mb
Release : 2016-08-05
Category : Law
ISBN : 9781317019244

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The Principle of Effective Legal Protection in Administrative Law by Zoltán Szente,Konrad Lachmayer Pdf

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Author : Matthias Ruffert
Publisher : sellier. european law publ.
Page : 335 pages
File Size : 51,9 Mb
Release : 2007
Category : Administrative law
ISBN : 9783935808910

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The Transformation of Administrative Law in Europe by Matthias Ruffert Pdf

"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

Author : Giacinto della Cananea,Stefano Mannoni
Publisher : Oxford University Press
Page : 368 pages
File Size : 44,5 Mb
Release : 2021-02-04
Category : Law
ISBN : 9780192637628

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Administrative Justice Fin de siècle by Giacinto della Cananea,Stefano Mannoni Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 55,9 Mb
Release : 2008
Category : Administrative law
ISBN : LCCN:2008501078

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Administrative Law of the European Union: Judicial review by Anonim Pdf

Author : Giacinto della Cananea
Publisher : BRILL
Page : 247 pages
File Size : 48,6 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004549579

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The Common Core of European Administrative Laws by Giacinto della Cananea Pdf

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.