Traditions And Change In European Administrative Law

Author : Roberto Caranta,Anna Gerbrandy
Publisher : Apollo Books
Page : 356 pages
File Size : 44,8 Mb
Release : 2011
Category : Administrative law
ISBN : 9089520716

Get Book

Traditions and Change in European Administrative Law by Roberto Caranta,Anna Gerbrandy Pdf

The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.

Author : Marina Künnecke
Publisher : Springer Science & Business Media
Page : 273 pages
File Size : 50,8 Mb
Release : 2007-08-01
Category : Law
ISBN : 9783540486893

Get Book

Tradition and Change in Administrative Law by Marina Künnecke Pdf

Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Author : Dornburg Research Group on New Administrative Law. Workshop
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2013
Category : Administrative law
ISBN : 9089521321

Get Book

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

This volume comprises the results of the fourth workshop of the Dornburg Research Group of New Administrative Law. The group scrutinized the relationship between national traditions and the evolution of common principles of European administrative law.

Author : Paul Craig,Gráinne de Búrca
Publisher : OUP Oxford
Page : 984 pages
File Size : 44,5 Mb
Release : 2011-02-17
Category : Law
ISBN : 9780191018923

Get Book

The Evolution of EU Law by Paul Craig,Gráinne de Búrca Pdf

The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.

Author : Martin Painter
Publisher : Springer
Page : 274 pages
File Size : 53,8 Mb
Release : 2010-05-12
Category : Political Science
ISBN : 9780230289635

Get Book

Tradition and Public Administration by Martin Painter Pdf

Contributors examine the persistence of administrative patterns in the face of pressures for globablization by developing a concept of administrative traditions and describing the traditions that exist around the world. They assess the impact of traditions on administrative reforms and the capacities of government to change public administration.

Author : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 40,8 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192567451

Get Book

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 : B. Guy Peters
Publisher : Oxford University Press
Page : 288 pages
File Size : 52,7 Mb
Release : 2021-02-02
Category : Political Science
ISBN : 9780192645456

Get Book

Administrative Traditions by B. Guy Peters Pdf

Contemporary public administration reflects its historical roots, as well as contemporary ideas about how the public bureaucracy should be organized and function. This book argues that there are administrative traditions that have their roots centuries ago but continue to influence administrative behaviour. Further within Western Europe, North America, and the Antipodes there are four distinctive administrative traditions: Anglo-American, Napoleonic, Germanic, and Scandinavian. These are not the only traditions however, and the book also explores administrative traditions in Central and Eastern Europe, Latin America, Asia, and the Islamic world. In addition, the book contains a discussion of how administrative traditions of the colonial powers influenced contemporary administration in Africa, and how they continue to interact with traditional forms of governance. These discussions of tradition and persistence are also discussed in light of the numerous attempts to reform and change public administration. Some administrative traditions have been more capable than others of resisting attempts at reform, especially those associated with the New Public Management.

Author : Matthias Ruffert
Publisher : sellier. european law publ.
Page : 335 pages
File Size : 48,5 Mb
Release : 2007
Category : Administrative law
ISBN : 9783935808910

Get Book

The Transformation of Administrative Law in Europe by Matthias Ruffert Pdf

"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 55,6 Mb
Release : 2021
Category : Judicial review
ISBN : 9780198867609

Get Book

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 : Robert Thomas
Publisher : Bloomsbury Publishing
Page : 146 pages
File Size : 53,9 Mb
Release : 2000-08-18
Category : Law
ISBN : 9781847311184

Get Book

Legitimate Expectations and Proportionality in Administrative Law by Robert Thomas Pdf

This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law.

Author : Roberto Caranta,Anna Gerbrandy,Bilun Müller
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2018
Category : Comparative law
ISBN : 9089521909

Get Book

The Making of a New European Legal Culture by Roberto Caranta,Anna Gerbrandy,Bilun Müller Pdf

The Aarhus Convention entered into force more than 20 years ago. It lays down the pillars of environmental democracy, that is a governance systems where citizens and civil society organisations are fully involved in the decisions affecting the environment we all live in. On the one hand, the Convention drew on the experience of those jurisdictions where environmental concerns run deeper. On the other hand, once enacted, it was expected to bring about important changes in those jurisdictions which were less sensible to these issues. As such, the Convention is an ideal testing ground upon which to study how legal principles, rules, and institutions behave once they are moved from one jurisdiction to another and how the recipient jurisdiction reacts at receiving a transplant. The analysis, from a legal cultural approach to the law in the EU and 8 Member States, provides a much richer picture about how the Aarhus Convention has been implemented and what are the legal cultural enablers and obstacles to the full development of environmental democracy in different jurisdictions. Additionally, the research assesses how far a common European legal culture has developed in core areas, not just an environmental but in administrative and, to a large extent, constitutional law. The book provides and updated coverage of the implementation of the Aarhus Convention at both EU level and in a relevant number of Member States, and will be useful to academics and practitioners alike. About the editors Roberto Caranta is full professor of Administrative law with the Law Department of the University of Turin (Italy). Anna Gerbrandy professor of Competition Law at the Europa Institute of Utrecht University School of Law, the Netherlands. Dr. Bilun Mueller, LL.M. (Bruges) works at the Federal Ministry for Economic Affairs and Energy, Berlin. [Subject: EU Law, European Law, Comparative Law]

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 42,6 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

Get Book

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 : Dornburg Research Group on New Administrative Law. Workshop
Publisher : Trans Pacific Press
Page : 380 pages
File Size : 52,6 Mb
Release : 2011
Category : Administrative law
ISBN : 9089520988

Get Book

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.

Author : Frank J. Goodnow
Publisher : Unknown
Page : 724 pages
File Size : 40,9 Mb
Release : 1893
Category : Administrative law
ISBN : STANFORD:36105044111388

Get Book

Comparative Administrative Law by Frank J. Goodnow Pdf

Author : Herwig C.H. Hofmann,Gerard C. Rowe,Alexander H. Türk
Publisher : Oxford University Press
Page : 1064 pages
File Size : 54,5 Mb
Release : 2011-10-27
Category : Law
ISBN : 9780199286485

Get Book

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.