The Principle Of Effective Legal Protection In Administrative Law

Author : Zoltán Szente,Konrad Lachmayer
Publisher : Routledge
Page : 470 pages
File Size : 42,8 Mb
Release : 2016-08-05
Category : Law
ISBN : 9781317019237

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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 : Zoltán Szente
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2016
Category : Electronic
ISBN : 1472475674

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The Principle of Effective Legal Protection in Administrative Law: A European Perspective by Zoltán Szente Pdf

Author : Zoltán Szente,Konrad Lachmayer
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2017
Category : Law
ISBN : 131555397X

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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.

Author : Ulrich Stelkens,Agnė Andrijauskaitė
Publisher : Oxford University Press
Page : 912 pages
File Size : 55,9 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192605931

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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.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,7 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 : Peter Cane
Publisher : Ashgate Publishing
Page : 598 pages
File Size : 55,7 Mb
Release : 2002
Category : Administrative law
ISBN : STANFORD:36105060708612

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Administrative Law by Peter Cane Pdf

Designed to complement the first volume on administrative law which was published as part of the original series of The International Library of Essays in Law and Legal Theory, the articles contained in this volume pick up on themes dealt with in the first, while others reflect different concerns and new developments in administrative law scholarship. It offers a representative sample of the best contemporary writing in administrative law - theoretical, empirical and doctrinal.

Author : Mariolina Eliantonio
Publisher : ISBS
Page : 440 pages
File Size : 50,8 Mb
Release : 2009
Category : Law
ISBN : 9076871973

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Europeanisation of Administrative Justice? by Mariolina Eliantonio Pdf

Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.

Author : Allison Östlund
Publisher : Nomos Verlag
Page : 326 pages
File Size : 41,7 Mb
Release : 2019-10-29
Category : Law
ISBN : 9783748901143

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Effectiveness versus Procedural Protection by Allison Östlund Pdf

Die Arbeit untersucht das Spannungsfeld zwischen einem fairen Resultat und Fairplay im Rechtsverfahren. Bislang hat der Europäische Gerichtshof es traditionell abgelehnt, hier eine klare Wahl zu treffen, indem er sich in Vorabentscheidungen im Zusammenhang mit der ex officio-Überprüfung weitgehend dem nationalen Recht unterwirft. Diese Arbeit zeigt, dass spezifische Schutzvorrechte zunehmend substantiell korrekte Urteile hervorgebracht haben, während ein neuer Grundrechtsansatz den individuellen Verfahrensschutz nicht gefördert hat.

Author : Council of Europe
Publisher : Council of Europe
Page : 70 pages
File Size : 44,5 Mb
Release : 2018-10-30
Category : Political Science
ISBN : 9789287188816

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The administration and you – A handbook by Council of Europe Pdf

The public administration is above all for us, the protection of our rights and the pursuit of the public good. This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 48,7 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.

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 315 pages
File Size : 51,9 Mb
Release : 2023-11-02
Category : Political Science
ISBN : 9781509948017

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In the second volume an expert team explores how the national courts have applied Article 47 and the principle of effective judicial protection. It takes a comparative overview of the case law to assess the level of convergence (or divergence) of the national courts' approaches. The questionnaire methodology allows for an accurate charting of national courts' application of Article 47 at the domestic level. Given the wide application of Article 47, the collection will be of interest to EU constitutional scholars, comparative lawyers, as well as civil servants at both the national and EU level.

Author : Eva Nieto-Garrido,Isaac Martin Delgado
Publisher : Bloomsbury Publishing
Page : 210 pages
File Size : 42,6 Mb
Release : 2007-10-09
Category : Law
ISBN : 9781847313836

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European Administrative Law in the Constitutional Treaty by Eva Nieto-Garrido,Isaac Martin Delgado Pdf

This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems which it poses, the Treaty establishing a Constitution for Europe being the point of reference. Under the Treaty general questions of administrative law are no longer addressed merely in a fragmented or incidental way but as a discipline that governs the exercise of sovereign powers by a supranational entity. This calls for a detailed examination of the fields which comprise European administrative law and the book therefore examines in some detail the key areas of rulemaking powers and normative instruments, the implications of the Charter of Fundamental Rights for European and national administrations, administrative procedure, and judicial protection within the European Union. The Foreword to the book is written by Professor Carol Harlow.

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 49,9 Mb
Release : 2022-12-15
Category : Political Science
ISBN : 9781509947959

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

This ambitious, innovative project examines the principle of effective judicial protection in EU law over two volumes. The principle of effective judicial protection is a cornerstone of the EU's judicial system and is re-affirmed in Article 47 of the Charter of Fundamental Rights of the European Union. Since the 1980s the Court of Justice has used the principle to shape EU and national procedural rules; more recently, the principle has acquired an even more central role in the EU constitutional structure. In this first volume, an expert team explores how the Court of Justice has interpreted the principle, as expressed in particular by Article 47 of the Charter, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Addressing key questions such as legal certainty, judicial independence and procedural autonomy, this volume significantly adds to our understanding of judicial protection within the multi-level EU judicial architecture.

Author : Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile
Publisher : Bloomsbury Publishing
Page : 329 pages
File Size : 41,8 Mb
Release : 2022-12-15
Category : Law
ISBN : 9781509947966

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Article 47 of the EU Charter and Effective Judicial Protection, Volume 1 by Matteo Bonelli,Mariolina Eliantonio,Giulia Gentile Pdf

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

Author : Anonim
Publisher : Oxford University Press
Page : 909 pages
File Size : 50,7 Mb
Release : 2022-12
Category : Electronic
ISBN : 9780198806851

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Wade and Forsyth's Administrative Law by Anonim Pdf

Wade and Forsyth's Administrative Law has been a cornerstone text since publication of the first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over sixty years, this text has been trusted by students and is extensively cited by courts throughout the common law world. The book's clarity of exposition makes it accessible to students approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in the field, academics and practitioners alike.