Principles Of Administrative Procedure In Ec Law

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Principles of Administrative Procedure in EC Law

Author : Hanns Peter Nehl
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319610
Total Pages : 231 pages
Book Rating : 4.8/5 (473 download)

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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.

ReNEUAL Model Rules on EU Administrative Procedure

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0198795300
Total Pages : 331 pages
Book Rating : 4.1/5 (987 download)

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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: 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.

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.

Good Administration and the Council of Europe

Author : Professor for Public Law German and European Administrative Law Ulrich Stelkens
Publisher : Oxford University Press, USA
ISBN 13 : 0198861532
Total Pages : 961 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Good Administration and the Council of Europe by : Professor for Public Law German and European Administrative Law Ulrich Stelkens

Download or read book Good Administration and the Council of Europe written by Professor for Public Law German and European Administrative Law Ulrich Stelkens and published by Oxford University Press, USA. This book was released on 2020-09-10 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.

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

ReNEUAL Model Rules on EU Administrative Procedure

Author : Paul Craig
Publisher : Oxford University Press
ISBN 13 : 0192514520
Total Pages : 368 pages
Book Rating : 4.1/5 (925 download)

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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 368 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.

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.

Due Process of Law Beyond the State

Author : Giacinto Della Cananea
Publisher : Oxford University Press
ISBN 13 : 019878838X
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Due Process of Law Beyond the State by : Giacinto Della Cananea

Download or read book Due Process of Law Beyond the State written by Giacinto Della Cananea and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

Judicial Review of Administration in Europe

Author : Giacinto Della Cananea
Publisher : Oxford University Press
ISBN 13 : 0198867603
Total Pages : 417 pages
Book Rating : 4.1/5 (988 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 with total page 417 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.

European Administrative Law

Author : Jürgen Schwarze
Publisher : Sweet & Maxwell Uk
ISBN 13 : 9780421454903
Total Pages : 1547 pages
Book Rating : 4.4/5 (549 download)

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Book Synopsis European Administrative Law by : Jürgen Schwarze

Download or read book European Administrative Law written by Jürgen Schwarze and published by Sweet & Maxwell Uk. This book was released on 1992-01-01 with total page 1547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes the position of administrative law in the separate but parallel legal order of the EC and explores the limits of its future development. The influence of existing national rules are highlighted as well as the subsequent impact in each member state of the new European system. Part 1 of the text examines the characteristics of the administrative law systems in EC member states, legal constraints on administrative decisions, the principle of equality and the prohibition of discrimination as obligatory maxims of government action. The second section explores the principle of proportionality, legal certainty and the protection of legitimate expectations, and the principles of a constitutionally ordered administrative procedure."

Administrative Law and Policy of the European Union

Author : Herwig C.H. Hofmann
Publisher : Oxford University Press
ISBN 13 : 0199286485
Total Pages : 1064 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Administrative Law and Policy of the European Union by : Herwig C.H. Hofmann

Codification of Administrative Procedure

Author : Jean-Bernard Auby
Publisher : Primento
ISBN 13 : 2802743791
Total Pages : 390 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Codification of Administrative Procedure by : Jean-Bernard Auby

Download or read book Codification of Administrative Procedure written by Jean-Bernard Auby and published by Primento. This book was released on 2013-11-27 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Process and Procedure in EU Administration

Author : Carol Harlow Harlow KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255761
Total Pages : 540 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Process and Procedure in EU Administration by : Carol Harlow Harlow KC

Download or read book Process and Procedure in EU Administration written by Carol Harlow Harlow KC and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the administrative procedures of the European Union, which we see as the 'super glue' holding in place the sprawling structures of the EU governance system. The early chapters deal with the structures expansively defined, the diverse functions of administrative procedures in the EU and the values that underpin them, concentrating on the respective contributions of the legislature and administration. A separate chapter deals with the important procedural function of rights protection through the two Community Courts and the contribution of the European Ombudsman. We then turn to 'horizontal' or general procedures, dealing with executive law-making, transparency and the regulation of government contracting. A study of Commission enforcement procedure ends the section. 'Vertical' or sector-specific studies in significant areas of EU administration follow, including competition policy, cohesion policy (structural funds) and financial services regulation. Separate chapters deal with policing cooperation through Europol and with the interplay of international and EU institutions in the fields of environmental procedure and human rights. The final chapter contains the authors' reflections on current proposals for codification but ends with a general evaluation of the role and contribution of administrative procedure in the construction of the EU.

Research Handbook on EU Administrative Law

Author : Carol Harlow
Publisher : Edward Elgar Publishing
ISBN 13 : 1784710687
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on EU Administrative Law by : Carol Harlow

Download or read book Research Handbook on EU Administrative Law written by Carol Harlow and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Author : Sabino Cassese
Publisher : Oxford University Press
ISBN 13 : 0191039837
Total Pages : 900 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by : Sabino Cassese

Download or read book The Max Planck Handbooks in European Public Law: 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 900 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.

Administrative Law and Policy of the European Union

Author : Herwig C. H. Hofmann
Publisher : Oxford University Press
ISBN 13 : 019162201X
Total Pages : 1064 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Administrative Law and Policy of the European Union by : Herwig C. H. Hofmann

Download or read book Administrative Law and Policy of the European Union written by Herwig C. H. Hofmann and published by Oxford University Press. This book was released on 2011-10-27 with total page 1064 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems. The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law. By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.