Non Judicial Remedies And Eu Administration

Author : Paola Chirulli,Luca De Lucia
Publisher : Routledge
Page : 272 pages
File Size : 42,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780429595691

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Non-Judicial Remedies and EU Administration by Paola Chirulli,Luca De Lucia Pdf

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Author : Paola Chirulli,Luca De Lucia
Publisher : Unknown
Page : 296 pages
File Size : 43,7 Mb
Release : 2021
Category : Law
ISBN : 8892135899

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Non-judicial Remedies and EU Administration by Paola Chirulli,Luca De Lucia Pdf

Author : Paola Chirulli,Luca De Lucia
Publisher : Routledge
Page : 235 pages
File Size : 42,8 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780429594403

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Non-Judicial Remedies and EU Administration by Paola Chirulli,Luca De Lucia Pdf

The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Author : Henry Schermers
Publisher : Springer Science & Business Media
Page : 380 pages
File Size : 41,5 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401744164

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Judicial Remedies in the European Communities by Henry Schermers Pdf

Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.

Author : Antonio Cassatella,Ligugnana Giovanna,Barbara Marchetti,Anna Simonati,Leopoldo Zuanelli Brambilla,Elena Mitzman,Leonardo Parona,Nadia La Femina,Andrea Magliari
Publisher : G Giappichelli Editore
Page : 321 pages
File Size : 41,5 Mb
Release : 2017-08-28
Category : Law
ISBN : 9788892109353

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Administrative Remedies in the European Union by Antonio Cassatella,Ligugnana Giovanna,Barbara Marchetti,Anna Simonati,Leopoldo Zuanelli Brambilla,Elena Mitzman,Leonardo Parona,Nadia La Femina,Andrea Magliari Pdf

Author : Paul Craig
Publisher : OUP Oxford
Page : 864 pages
File Size : 42,7 Mb
Release : 2012-03-22
Category : Law
ISBN : 9780199568628

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EU Administrative Law by Paul Craig Pdf

The second 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. 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 theopen 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 the principles of judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. The discussion in this part of the book begins with a chapter that considers 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 subjectmatter 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. The book paints acomprehensive picture of administrative law as it exists in the EU today.

Author : L. J. Brinkhorst,Henry G. Schermers
Publisher : Unknown
Page : 128 pages
File Size : 48,6 Mb
Release : 1969
Category : Electronic
ISBN : OCLC:874190498

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Judicial Remedies in the European Communities by L. J. Brinkhorst,Henry G. Schermers Pdf

Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 55,5 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 : Clive Lewis
Publisher : Unknown
Page : 617 pages
File Size : 48,7 Mb
Release : 2000
Category : Judicial process
ISBN : 0421600705

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Judicial Remedies in Public Law by Clive Lewis Pdf

Provides coverage of the situations in which judicial review is available, the range of measures that can be challenged, the ambit of remedies in public law cases and the machinery for making an application

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 53,8 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 : Dacian C. Dragos,Bogdana Neamtu
Publisher : Springer
Page : 624 pages
File Size : 51,6 Mb
Release : 2014-09-19
Category : Law
ISBN : 9783642349461

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Alternative Dispute Resolution in European Administrative Law by Dacian C. Dragos,Bogdana Neamtu Pdf

This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 48,7 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Author : Juan José Álvarez Rubio,Katerina Yiannibas
Publisher : Taylor & Francis
Page : 159 pages
File Size : 45,7 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781351979153

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Human Rights in Business by Juan José Álvarez Rubio,Katerina Yiannibas Pdf

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Author : Sergio Carrera,Marco Stefan
Publisher : Routledge
Page : 257 pages
File Size : 52,6 Mb
Release : 2020-02-25
Category : Law
ISBN : 9780429515286

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Fundamental Rights Challenges in Border Controls and Expulsion of Irregular Immigrants in the European Union by Sergio Carrera,Marco Stefan Pdf

This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 48,9 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.