Reneual Model Rules On Eu Administrative Procedure

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ReNEUAL Model Rules on EU Administrative Procedure

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 368 pages
File Size : 54,8 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.

The Model Rules on EU Administrative Procedures

Author : Matthias Ruffert
Publisher : Unknown
Page : 0 pages
File Size : 54,5 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]

EU Administrative Law

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 50,6 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192567451

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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.

Due Process of Law Beyond the State

Author : Giacinto della Cananea
Publisher : Oxford University Press
Page : 350 pages
File Size : 52,9 Mb
Release : 2016-09-22
Category : Law
ISBN : 9780191092626

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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.

Research Handbook on EU Administrative Law

Author : Carol Harlow,Päivi Leino,Giacinto della Cananea
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 42,9 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.

Principles, Definitions and Model Rules of European Private Law

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 52,5 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Specialized Administrative Law of the European Union

Author : Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Publisher : Oxford University Press
Page : 719 pages
File Size : 45,7 Mb
Release : 2018-11-30
Category : Law
ISBN : 9780191091292

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Specialized Administrative Law of the European Union by Herwig C. H. Hofmann,Gerard C. Rowe,Alexander H. Türk Pdf

This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.

Administrative Law and Policy of the European Union

Author : Herwig C.H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Publisher : Oxford University Press
Page : 1064 pages
File Size : 44,5 Mb
Release : 2011-10-27
Category : Law
ISBN : 9780199286485

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Administrative Law and Policy of the European Union by Herwig C.H. Hofmann,Gerard C. Rowe,Alexander H. Türk Pdf

This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.

Good Administration and the Council of Europe

Author : Ulrich Stelkens,Agnė Andrijauskaitė
Publisher : Oxford University Press
Page : 912 pages
File Size : 51,7 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192605948

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Good Administration and the Council of Europe by Ulrich Stelkens,Agnė Andrijauskaitė Pdf

Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.

The Oxford Handbook of Comparative Administrative Law

Author : Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth
Publisher : Oxford University Press, USA
Page : 1169 pages
File Size : 51,7 Mb
Release : 2021-01-17
Category : Law
ISBN : 9780198799986

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The Oxford Handbook of Comparative Administrative Law by Peter Cane,Senior Research Fellow Peter Cane,Herwig C. H. Hofmann,Professor of European and Transnational Public Law Herwig C H Hofmann,Associate Professor of Law Eric C Ip,Eric C. Ip,Olimpiad S Ioffe Professor of International and Comparative Law Peter L Lindseth Pdf

In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

EU External Relations Law

Author : Piet Eeckhout
Publisher : Oxford University Press
Page : 623 pages
File Size : 43,9 Mb
Release : 2011-05-26
Category : Law
ISBN : 9780199606634

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EU External Relations Law by Piet Eeckhout Pdf

Rev. ed. of: External relations of the European Union legal and constitutional foundations / Piet Eeckhout. [1st ed.] 2004.

Public Administration in Germany

Author : Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow
Publisher : Springer Nature
Page : 415 pages
File Size : 46,6 Mb
Release : 2021-01-29
Category : Political Science
ISBN : 9783030536978

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Public Administration in Germany by Sabine Kuhlmann,Isabella Proeller,Dieter Schimanke,Jan Ziekow Pdf

This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

Rulemaking by the European Commission

Author : Carl Fredrik Bergström,Dominique Ritleng
Publisher : Oxford University Press
Page : 321 pages
File Size : 50,8 Mb
Release : 2016
Category : Law
ISBN : 9780198703235

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Rulemaking by the European Commission by Carl Fredrik Bergström,Dominique Ritleng Pdf

Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.

Euroconstitutionalism and its Discontents

Author : Oliver Gerstenberg
Publisher : Oxford University Press
Page : 192 pages
File Size : 50,9 Mb
Release : 2018-11-30
Category : Law
ISBN : 9780192571151

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Euroconstitutionalism and its Discontents by Oliver Gerstenberg Pdf

This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.

Codification of Administrative Procedure

Author : Jean-Bernard Auby
Publisher : Primento
Page : 390 pages
File Size : 40,9 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.