Legal Challenges In Eu Administrative Law

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Legal Challenges in EU Administrative Law

Herwig Hofmann,Alexander Türk
Legal Challenges in EU Administrative Law Book PDF

Author : Herwig Hofmann,Alexander Türk
Publisher : Edward Elgar Publishing
Page : 409 pages
File Size : 48,7 Mb
Release : 2009-01-01
Category : Law
ISBN : 9781848449206

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Legal Challenges in EU Administrative Law by Herwig Hofmann,Alexander Türk Pdf

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.

Global Administrative Law and EU Administrative Law

Edoardo Chiti,Bernardo Giorgio Mattarella
Global Administrative Law and EU Administrative Law Book PDF

Author : Edoardo Chiti,Bernardo Giorgio Mattarella
Publisher : Springer Science & Business Media
Page : 413 pages
File Size : 50,7 Mb
Release : 2011-07-03
Category : Law
ISBN : 9783642202643

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Global Administrative Law and EU Administrative Law by Edoardo Chiti,Bernardo Giorgio Mattarella Pdf

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.

EU Administrative Law

Paul Craig
EU Administrative Law Book PDF

Author : Paul Craig
Publisher : Oxford University Press
Page : 860 pages
File Size : 47,5 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.

Eu Administrative Law

Paul Craig
Eu Administrative Law Book PDF

Author : Paul Craig
Publisher : Oxford University Press, USA
Page : 933 pages
File Size : 47,7 Mb
Release : 2018-11
Category : Electronic
ISBN : 9780198831648

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Eu Administrative Law by Paul Craig Pdf

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

UK, EU and Global Administrative Law

Paul Craig
UK EU and Global Administrative Law Book PDF

Author : Paul Craig
Publisher : Cambridge University Press
Page : 845 pages
File Size : 47,8 Mb
Release : 2015-10-26
Category : Law
ISBN : 9781107125124

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UK, EU and Global Administrative Law by Paul Craig Pdf

A detailed analysis of the foundations and challenges of UK, EU and global administrative law.

Legitimacy in European Administrative Law

Dornburg Research Group on New Administrative Law. Workshop
Legitimacy in European Administrative Law Book PDF

Author : Dornburg Research Group on New Administrative Law. Workshop
Publisher : Trans Pacific Press
Page : 380 pages
File Size : 44,8 Mb
Release : 2011
Category : Administrative law
ISBN : 9089520988

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Legitimacy in European Administrative Law by Dornburg Research Group on New Administrative Law. Workshop Pdf

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.

Research Handbook on EU Administrative Law

Carol Harlow,Päivi Leino,Giacinto della Cananea
Research Handbook on EU Administrative Law Book PDF

Author : Carol Harlow,Päivi Leino,Giacinto della Cananea
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 53,9 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781784710682

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Research Handbook on EU Administrative Law by Carol Harlow,Päivi Leino,Giacinto della Cananea Pdf

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.

Global Administrative Law and EU Administrative Law

Edoardo Chiti,Bernardo Giorgio Mattarella
Global Administrative Law and EU Administrative Law Book PDF

Author : Edoardo Chiti,Bernardo Giorgio Mattarella
Publisher : Springer
Page : 409 pages
File Size : 47,7 Mb
Release : 2011-07-03
Category : Law
ISBN : 3642202632

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Global Administrative Law and EU Administrative Law by Edoardo Chiti,Bernardo Giorgio Mattarella Pdf

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.

The Sound of Silence in European Administrative Law

Dacian C. Dragos,Polonca Kovač,Hanna D. Tolsma
The Sound of Silence in European Administrative Law Book PDF

Author : Dacian C. Dragos,Polonca Kovač,Hanna D. Tolsma
Publisher : Springer Nature
Page : 513 pages
File Size : 49,9 Mb
Release : 2020-07-28
Category : Political Science
ISBN : 9783030452278

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The Sound of Silence in European Administrative Law by Dacian C. Dragos,Polonca Kovač,Hanna D. Tolsma Pdf

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.

EU Administrative Law

Paul P. Craig
EU Administrative Law Book PDF

Author : Paul P. Craig
Publisher : Oxford University Press, USA
Page : 992 pages
File Size : 46,7 Mb
Release : 2006
Category : Language Arts & Disciplines
ISBN : STANFORD:36105064133437

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EU Administrative Law by Paul P. 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.

EU Executive Discretion and the Limits of Law

Joana Mendes
EU Executive Discretion and the Limits of Law Book PDF

Author : Joana Mendes
Publisher : Oxford University Press
Page : 288 pages
File Size : 53,5 Mb
Release : 2019-05-02
Category : Law
ISBN : 9780192561336

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EU Executive Discretion and the Limits of Law by Joana Mendes Pdf

The increase in the European Union's executive powers in the areas of economic and financial governance has thrown into sharp relief the challenges of EU law in constituting, framing, and constraining the decision-making processes and political choices that have hitherto supported European integration. The constitutional implications of crisis-induced transformations have been much debated but have largely overlooked the tension between law and discretion that the post-2010 reforms have brought to the fore. This book focuses on this tension and explores the ways in which legal norms may (or may not) constrain and structure the discretion of the EU executive. The developments in the EU's post-crisis financial and economic governance act as a reference point from which to analyze the normative problems pertaining to the law's relationship to the exercise of discretion. Structured in three parts, the book starts by analyzing the challenges to the maxim that the law both grounds and constrains EU executive and administrative discretion, setting out the concepts, problems and approaches to the relation between law and discretion both in general public law and in EU law. It progresses to analyze how these problems and approaches have unfolded in EU's financial, economic and monetary governance. Finally, it moves on from these specific developments to assess how existing legal principles and means of judicial review contribute to ensuring the rationality and legality of EU's discretionary powers.

Indirect Judicial Review in Administrative Law

Mariolina Eliantonio,Dacian C. Dragos
Indirect Judicial Review in Administrative Law Book PDF

Author : Mariolina Eliantonio,Dacian C. Dragos
Publisher : Taylor & Francis
Page : 270 pages
File Size : 40,6 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.

ReNEUAL Model Rules on EU Administrative Procedure

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

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 368 pages
File Size : 46,9 Mb
Release : 2017-06-16
Category : Law
ISBN : 9780192514523

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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.

Administrative Law of the European Union, Its Member States and the United States

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

Author : René Seerden,F. A. M. Stroink
Publisher : Intersentia nv
Page : 378 pages
File Size : 47,5 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.

The Changing Administrative Law of an EU Member State

Domenico Sorace,Leonardo Ferrara,Ippolito Piazza
The Changing Administrative Law of an EU Member State Book PDF

Author : Domenico Sorace,Leonardo Ferrara,Ippolito Piazza
Publisher : Springer Nature
Page : 406 pages
File Size : 52,6 Mb
Release : 2020-09-26
Category : Law
ISBN : 9783030507800

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The Changing Administrative Law of an EU Member State by Domenico Sorace,Leonardo Ferrara,Ippolito Piazza Pdf

This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.