Judicial Review Of Administration In Europe

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Judicial Review of Administration in Europe

Author : Giacinto della Cananea
Publisher : Oxford University Press
ISBN 13 : 0192637711
Total Pages : 400 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Judicial Review of Administration in Europe by : Giacinto della Cananea

Download or read book Judicial Review of Administration in Europe written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-08-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indirect Judicial Review in Administrative Law

Author : Mariolina Eliantonio
Publisher : Taylor & Francis
ISBN 13 : 1000781364
Total Pages : 270 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Indirect Judicial Review in Administrative Law by : Mariolina Eliantonio

Download or read book Indirect Judicial Review in Administrative Law written by Mariolina Eliantonio and published by Taylor & Francis. This book was released on 2022-11-11 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Judicial Review of Administration in Europe

Author : Giacinto Della Cananea
Publisher :
ISBN 13 : 9780192637703
Total Pages : 0 pages
Book Rating : 4.6/5 (377 download)

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Book Synopsis Judicial Review of Administration in Europe by : Giacinto Della Cananea

Download or read book Judicial Review of Administration in Europe written by Giacinto Della Cananea and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judicial Review of Administrative Discretion in the Administrative State

Author : Jurgen de Poorter
Publisher : Springer
ISBN 13 : 9462653070
Total Pages : 198 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Judicial Review of Administrative Discretion in the Administrative State by : Jurgen de Poorter

Download or read book Judicial Review of Administrative Discretion in the Administrative State written by Jurgen de Poorter and published by Springer. This book was released on 2019-06-07 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

Cases, Materials and Text on Judicial Review of Administrative Action

Author : Chris Backes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921486
Total Pages : 1031 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Cases, Materials and Text on Judicial Review of Administrative Action by : Chris Backes

Download or read book Cases, Materials and Text on Judicial Review of Administrative Action written by Chris Backes and published by Bloomsbury Publishing. This book was released on 2019-08-08 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

EU Administrative Law

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 944 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Judicial Review

Author : Christian Adam
Publisher : Springer
ISBN 13 : 1137578327
Total Pages : 179 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis The Politics of Judicial Review by : Christian Adam

Download or read book The Politics of Judicial Review written by Christian Adam and published by Springer. This book was released on 2016-04-20 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book unites scholarship on law and politics with compliance research in the EU to shed light on the political role of a neglected dimension of litigation in the EU: the political role of governmental actions for annulment. The book does not portray national governments as passive actors within the EU’s judicial arena. Instead it focuses on cases in which national governments turn to the Court of Justice to litigate against the European Commission, and provides several answers to the question of why EU member state governments take this decision. Governments hope, on the one hand, to evade costly domestic adjustments where the Commission uses administrative acts to interfere with domestic policy application. On the other hand, governments hope to provoke judicial law-making to influence the long-term development of EU administrative law and sectoral regulation. The book will be of particular interest to political scientists and legal scholars. .

Administrative Law of the European Union, Its Member States and the United States

Author : René Seerden
Publisher : Intersentia nv
ISBN 13 : 9050952518
Total Pages : 378 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Administrative Law of the European Union, Its Member States and the United States by : René Seerden

Download or read book Administrative Law of the European Union, Its Member States and the United States written by René Seerden and published by Intersentia nv. This book was released on 2002 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

EU Administrative Law

Author : Paul Craig
Publisher : OUP Oxford
ISBN 13 : 0191629324
Total Pages : 1146 pages
Book Rating : 4.1/5 (916 download)

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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.

The Judicial Review of Administrative Acts

Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
ISBN 13 : 9287157464
Total Pages : 32 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The Judicial Review of Administrative Acts by : Council of Europe. Committee of Ministers

Download or read book The Judicial Review of Administrative Acts written by Council of Europe. Committee of Ministers and published by Council of Europe. This book was released on 2005-01-01 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the variety of legal traditions in Council of Europe member states in relation to administrative law, this publication details Recommendation Rec (2004) 20, adopted in December 2004, which sets out general rules for the judicial review of administrative acts, in order to consolidate the rule of law and human rights in Europe. The Recommendation sets out five principles which are to be applied by the governments of member states, relating to the scope of judicial review, access to judicial review, the independence and impartiality of the courts, the right to a fair trial and the effectiveness of judicial review.

The Transformation of Administrative Law in Europe

Author : Matthias Ruffert
Publisher : sellier. european law publ.
ISBN 13 : 3935808917
Total Pages : 335 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Transformation of Administrative Law in Europe by : Matthias Ruffert

Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

The Principle of Effective Legal Protection in Administrative Law

Author : Zoltán Szente
Publisher : Routledge
ISBN 13 : 1317019245
Total Pages : 416 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Principle of Effective Legal Protection in Administrative Law by : Zoltán Szente

Download or read book The Principle of Effective Legal Protection in Administrative Law written by Zoltán Szente and published by Routledge. This book was released on 2016-08-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Common Core of European Administrative Laws

Author : Giacinto della Cananea
Publisher : BRILL
ISBN 13 : 9004549579
Total Pages : 247 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The Common Core of European Administrative Laws by : Giacinto della Cananea

Download or read book The Common Core of European Administrative Laws written by Giacinto della Cananea and published by BRILL. This book was released on 2023-07-24 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.

Judicial Review

Author : Susana Galera
Publisher : Council of Europe
ISBN 13 : 9789287167231
Total Pages : 336 pages
Book Rating : 4.1/5 (672 download)

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Book Synopsis Judicial Review by : Susana Galera

Download or read book Judicial Review written by Susana Galera and published by Council of Europe. This book was released on 2010-01-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--

Administrative Justice Fin de siècle

Author : Giacinto della Cananea
Publisher : Oxford University Press
ISBN 13 : 0192637622
Total Pages : 368 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Administrative Justice Fin de siècle by : Giacinto della Cananea

Download or read book Administrative Justice Fin de siècle written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2021-02-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910. These years saw both a growth of governments and either the entry into force or the consolidation of mechanisms of control on public authorities. Comparing the Austro-Hungarian Empire, Belgium, France, the German Empire, Italy, and the United Kingdom, this title focuses on their historical administrative actions and looks at their development during that time. The volume contains three sections. The first introduces the project and the topic. The second covers the six legal systems chosen for this study, looking at the historical context. The third takes a comparative approach across the six systems, following on from their histories to look at their development and legacies. This edited collection expands on the ideals of a common core within European administrative law and how they have shaped our world. This volume is an essential tool for anyone involved in administrative and constitutional law and legal history.

Administrative Law of the European Union: Judicial review

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis Administrative Law of the European Union: Judicial review by :

Download or read book Administrative Law of the European Union: Judicial review written by and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Non-Judicial Remedies and EU Administration

Author : Paola Chirulli
Publisher : Routledge
ISBN 13 : 0429595697
Total Pages : 272 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Non-Judicial Remedies and EU Administration by : Paola Chirulli

Download or read book Non-Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.