Principles Of Administrative Procedure In Ec Law

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Principles of Administrative Procedure in EC Law

Hanns Peter Nehl
Principles of Administrative Procedure in EC Law Book PDF

Author : Hanns Peter Nehl
Publisher : Bloomsbury Publishing
Page : 231 pages
File Size : 54,6 Mb
Release : 1999-01-01
Category : Law
ISBN : 9781847319616

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Principles of Administrative Procedure in EC Law by Hanns Peter Nehl Pdf

This book presents an analysis of the recent development of administrative procedures in EC law. It is a pathbreaking study of what might be termed the “constitutionalising norms” now emerging,including a range of 'process rights' and procedural standards, such as the right to access to information, the right to be heard, the principle of care and duty to state reasons. These new standards are increasingly applied in areas as diverse as competition, State aids, customs matters, anti-dumping and the European Social Fund. Different strands of case-law of the EC courts are thus connected to document the overall evolution of procedural rules peculiar to the EC administrative system as a whole. The author adopts a critical stance, in particular, towards the case-law of the Court of First Instance and points out the increasing pressure being brought to bear on the European Commission in respect of its procedural requirements. Particular emphasis is placed on the concept of 'care', i.e. the duty to collect and examine the factual and legal points of individual cases impartially and carefully. The book reveals both the theoretical and practical relevance of this principle as a means of both procedural and substantive review and the reasons why it is likely to be misinterpreted by the courts.

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 : 53,9 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.

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 : 331 pages
File Size : 42,8 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.

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 : 51,5 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.

Good Administration and the Council of Europe

Professor for Public Law German and European Administrative Law Ulrich Stelkens,Ulrich Stelkens,Agn:e Andrijauskait:e
Good Administration and the Council of Europe Book PDF

Author : Professor for Public Law German and European Administrative Law Ulrich Stelkens,Ulrich Stelkens,Agn:e Andrijauskait:e
Publisher : Oxford University Press, USA
Page : 961 pages
File Size : 43,5 Mb
Release : 2020-09-10
Category : Law
ISBN : 9780198861539

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Good Administration and the Council of Europe by Professor for Public Law German and European Administrative Law Ulrich Stelkens,Ulrich Stelkens,Agn:e Andrijauskait:e Pdf

This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.

Codification of Administrative Procedure

Jean-Bernard Auby
Codification of Administrative Procedure Book PDF

Author : Jean-Bernard Auby
Publisher : Primento
Page : 388 pages
File Size : 45,8 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.

The Principle of Effective Legal Protection in Administrative Law

Zoltán Szente,Konrad Lachmayer
The Principle of Effective Legal Protection in Administrative Law Book PDF

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

Due Process of Law Beyond the State

Giacinto Della Cananea
Due Process of Law Beyond the State Book PDF

Author : Giacinto Della Cananea
Publisher : Oxford University Press
Page : 241 pages
File Size : 42,9 Mb
Release : 2016
Category : Law
ISBN : 9780198788386

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Due Process of Law Beyond the State by Giacinto Della Cananea Pdf

Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

EU Administrative Law

Paul Craig
EU Administrative Law Book PDF

Author : Paul Craig
Publisher : Oxford University Press
Page : 860 pages
File Size : 40,9 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.

European Administrative Law

Jürgen Schwarze
European Administrative Law Book PDF

Author : Jürgen Schwarze
Publisher : Sweet & Maxwell Uk
Page : 1547 pages
File Size : 52,5 Mb
Release : 1992-01-01
Category : Administrative law
ISBN : 0421454903

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European Administrative Law by Jürgen Schwarze Pdf

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."

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 : 40,6 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.

General Principles and Sector-Specific Rules in European Administrative Laws

Giacinto della Cananea,Jean-Bernard Auby
General Principles and Sector Specific Rules in European Administrative Laws Book PDF

Author : Giacinto della Cananea,Jean-Bernard Auby
Publisher : Oxford University Press
Page : 353 pages
File Size : 54,7 Mb
Release : 2024-07-04
Category : Law
ISBN : 9780192637659

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General Principles and Sector-Specific Rules in European Administrative Laws by Giacinto della Cananea,Jean-Bernard Auby Pdf

In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.

Judicial Review of Administration in Europe

Giacinto Della Cananea,Mauro Bussani
Judicial Review of Administration in Europe Book PDF

Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 45,6 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.

Recognition of Foreign Administrative Acts

Jaime Rodríguez-Arana Muñoz
Recognition of Foreign Administrative Acts Book PDF

Author : Jaime Rodríguez-Arana Muñoz
Publisher : Springer
Page : 388 pages
File Size : 41,5 Mb
Release : 2015-12-11
Category : Law
ISBN : 9783319189741

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Recognition of Foreign Administrative Acts by Jaime Rodríguez-Arana Muñoz Pdf

This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Process and Procedure in EU Administration

Carol Harlow Harlow KC,Richard Rawlings
Process and Procedure in EU Administration Book PDF

Author : Carol Harlow Harlow KC,Richard Rawlings
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 55,7 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781782255758

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Process and Procedure in EU Administration by Carol Harlow Harlow KC,Richard Rawlings Pdf

This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.