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Developing Administrative Principles In The Eu
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Book Synopsis Developing Administrative Principles in the EU by : Melanie Smith
Download or read book Developing Administrative Principles in the EU written by Melanie Smith and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper argues that administrative legitimacy has been neglected as having the potential to provide a foundation for the legitimacy of the EU institutions. The development of the administrative law-type mechanisms within the EU is almost exclusively focused on the activities of the Member States as the main implementers of Union law. This has left an administrative gap at the level of the EU institutions, with little evidence of determinative horizontal administrative principles to be found in either the Treaties or the case-law of two European courts. Where the courts have acted, they have adopted a sectoral and highly circumscribed approach to the development of administrative norms. The paper examines whether administrative principles can be harnessed as a mechanism for increasing the EU's legitimacy and, if so, how these principles fit with the institutions' approach to the legitimacy question. Post Lisbon, can evidence be found within the Treaties that the administrative route to legitimacy has not been entirely foreclosed? This paper proposes a model of administrative legitimacy for the EU level of administration that provides a foundation for the interconnected concepts of good governance and political legitimacy.
Book Synopsis EU Administrative Law by : Paul Craig
Download or read book EU Administrative Law written by Paul Craig and published by OUP Oxford. This book was released on 2012-03-22 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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 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 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. The book paints a comprehensive picture of administrative law as it exists in the EU today.
Book Synopsis Global Administrative Law and EU Administrative Law by : Edoardo Chiti
Download or read book Global Administrative Law and EU Administrative Law written by Edoardo Chiti and published by Springer Science & Business Media. This book was released on 2011-07-03 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.
Book Synopsis Good Administration and the Council of Europe by : Ulrich Stelkens
Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by Oxford University Press. This book was released on 2020-09-11 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Principles for Public Administration by : Organisation for Economic Co-operation and Development
Download or read book European Principles for Public Administration written by Organisation for Economic Co-operation and Development and published by . This book was released on 1998 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper attempts to identify the standards to which EU candidate countries are expected to conform in order to align their public administrations with those of EU Member States. Originating from SIGMA's work on public administration reform in central and eastern European countries, in particular civil service development and administrative control, the paper describes an important part of the basis of the SIGMA methodology for assessing candidate countries' public administration capacities.
Book Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig
Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Book Synopsis The Sound of Silence in European Administrative Law by : Dacian C. Dragos
Download or read book The Sound of Silence in European Administrative Law written by Dacian C. Dragos and published by Springer Nature. This book was released on 2020-07-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.
Book Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig
Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017-06-16 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Administrative Law by : Jürgen Schwarze
Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Limited. This book was released on 2006-01-01 with total page 1562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development of an administrative law system in EU law, as distinct from the separate systems in member states' laws; shows how the general principles of administrative law are applied by the European courts; explains the impact of the European system on the national systems of administrative law; and more.
Book Synopsis Added Value of the Council of Europe to Administrative Law: the Development of Pan-european General Principles of Good Administration by the Council of Europe and Their Impact on the Administrative Law of Its Member States by : Ulrich Stelkens
Download or read book Added Value of the Council of Europe to Administrative Law: the Development of Pan-european General Principles of Good Administration by the Council of Europe and Their Impact on the Administrative Law of Its Member States written by Ulrich Stelkens and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Governance in Europe's Integrated Market by : Christian Joerges
Download or read book Good Governance in Europe's Integrated Market written by Christian Joerges and published by Oxford University Press, USA. This book was released on 2002 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the constitutional and the administrative law dimensions of the developing European market governance, this volume considers the changes which have occurred from the perspective of both legal and social theory.
Book Synopsis Volume I: The Administrative State by : Sabino Cassese
Download or read book Volume I: The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-24 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Book Synopsis Principles of Administrative Procedure in EC Law by : Hanns Peter Nehl
Download or read book Principles of Administrative Procedure in EC Law written by Hanns Peter Nehl and published by Bloomsbury Publishing. This book was released on 1999-01-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Beyond Networks - Interlocutory Coalitions, the European and Global Legal Orders by : Gianluca Sgueo
Download or read book Beyond Networks - Interlocutory Coalitions, the European and Global Legal Orders written by Gianluca Sgueo and published by Springer. This book was released on 2016-04-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the activism promoted by organised networks of civil society actors in opening up possibilities for more democratic supranational governance. It examines the positive and negative impact that such networks of civil society actors – named “interlocutory coalitions” – may have on the convergence of principles of administrative governance across the European legal system and other supranational legal systems. The book takes two main controversial aspects into account: the first relates to the convergence between administrative rules pertaining to different supranational regulatory systems. Traditionally, the spread of methods of administrative governance has been depicted primarily against the background of the interactions between the domestic and the supranational arena, both from a top-down and bottom-up perspective. However, the exploration of interactions occurring at the supranational level between legal regimes is still not grounded on adequate empirical evidence. The second controversial aspect considered in this book consists of the role of civil society actors operating at the supranational level. In its discussion of the first aspect, the book focuses on the relations between the European administrative law and the administrative principles of law pertaining to other supranational regulatory regimes and regulators, including the World Bank, the International Monetary Fund, the World Trade Organization, the United Nations, the Organization for Economic Cooperation and Development, the Asian Development Bank, and the Council of Europe. The examination of the second aspect involves the exploration of the still little examined, but crucial, role of civil society organised networks in shaping global administrative law. These “interlocutory coalitions” include NGOs, think tanks, foundations, universities, and occasionally activists with no formal connections to civil society organisations. The book describes such interlocutory coalitions as drivers of harmonized principles of participatory democracy at the European and global levels. However, interlocutory coalitions show a number of tensions (e.g. the governability of coalitions, the competition among them) that may hamper the impact they have on the reconfiguration of individuals’ rights, entitlements and responsibilities in the global arena.
Book Synopsis The Once-Only Principle by : Robert Krimmer
Download or read book The Once-Only Principle written by Robert Krimmer and published by Springer Nature. This book was released on 2021-07-02 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access State-of-the-Art Survey describes and documents the developments and results of the Once-Only Principle Project (TOOP). The Once-Only Principle (OOP) is part of the seven underlying principles of the eGovernment Action Plan 2016-2020. It aims to make the government more effective and to reduce administrative burdens by asking citizens and companies to provide certain standard information to the public authorities only once. The project was horizontal and policy-driven with the aim of showing that the implementation of OOP in a cross-border and cross-sector setting is feasible. The book summarizes the results of the project from policy, organizational, architectural, and technical points of view.
Book Synopsis Administrative Regulation Beyond the Non-Delegation Doctrine by : Marta Simoncini
Download or read book Administrative Regulation Beyond the Non-Delegation Doctrine written by Marta Simoncini and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of administration in the EU has been growing progressively together with the development of EU competences and tasks in the internal market. From the original model of a Community leaving enforcement with the Member States, the EU has become a complex legal order where administrative tasks are spread among different actors, including EU institutions, EU agencies and national administrations. Within this complex administrative law landscape, agencies and their powers have been essentially 'upgraded'. This volume asks whether any such 'upgrade' is compatible with EU law and its principles. Exploring both the case law of the CJEU and the regulation relating to EU agencies, the volume asks a crucial question about the legitimacy of the ever-increasing role of agencies in the enforcement of EU law.
Book Synopsis The Right to Good Administration by : Jill Wakefield
Download or read book The Right to Good Administration written by Jill Wakefield and published by . This book was released on 2007 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the rights conferred on the citizens of Europe by the Charter of Fundamental Rights and Freedoms is the right to and‘good administration.and’ It is anticipated that the new Reform Constitutional Treaty will operate to make the Charter and its rights legally binding. This is the first time that any legal system has proclaimed such a right and then sought to constitutionalise it. Whether the right to good administration under the Charter represents a new right, and, if such a right exists, whether it varies according to whether the executive is mandated to control or steward, is the subject matter of this thoughtful, unblinkered book. Grounding her exposition in a deeply-informed engagement with relevant primary and secondary sources, the author exposes the serious difficulties and contradictions in the concept of the right to good administration. She demonstrates that the features of good administration cannot be fixed or fully enunciated, but are identified only when the conduct of the administration fails to reach an acceptable standard, a standard that varies over time and context. And in the modes of the concept most often embracedand—such as the notion of citizen as consumer with marketplace choice, and the notion of and‘consultation, and’ a form of participatory democracy which privileges those individuals and communities who have the political sophistication to organise themselves and further marginalise large sectors of unorganised societyand—she finds a virtual denial of the democratic concept of citizen as sovereign, the and‘creatorand’ of state power who can dictate the exact limits to be placed on personal autonomy. The extraordinary clarity and conviction of the authorand’s approach is apparent in the details of her presentation, which include analysis of the following factors among others: and• the enforceable content of the right, including the role of the European Ombudsman; and• the relationship between good governance and good administration; and• the duties of the Commission as administrator; and• the uncertain reach of the concept of maladministration; and• damages in compensation actions as remedy for breach of good administration; and• pre-Charter principles of good administration as agreed in the Council of Europe and developed by the Courts; and and• the right of access to documentation, especially as it relates to the policy of language diversity. The final chapters examine the role of the right to good administration in the fraught contexts of competition law, Community finances, and the European environmental framework. This far-seeing study breaks new ground in the ever more politicized debate over the future of the European Union. As good administration is the mechanism by which the principles of good governance are to be delivered, the detailed attention given to this subject here is more than warranted. It is sure to be of exceptional value to all concerned with the development of an administrative institution of integrity and accountability in EU governance.
