Legitimacy in European Administrative Law

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Author :
Publisher : Trans Pacific Press
ISBN 13 : 9789089520982
Total Pages : 380 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Legitimacy in European Administrative Law by : Dornburg Research Group on New Administrative Law. Workshop

Download or read book Legitimacy in European Administrative Law written by Dornburg Research Group on New Administrative Law. Workshop and published by Trans Pacific Press. This book was released on 2011 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Union Administration

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004155732
Total Pages : 223 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis European Union Administration by : Peter Nedergaard

Download or read book European Union Administration written by Peter Nedergaard and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included.

The Sound of Silence in European Administrative Law

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Publisher : Springer Nature
ISBN 13 : 3030452271
Total Pages : 513 pages
Book Rating : 4.0/5 (34 download)

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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.

Centralised Enforcement, Legitimacy and Good Governance in the EU

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Author :
Publisher : Routledge
ISBN 13 : 1135212252
Total Pages : 318 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Centralised Enforcement, Legitimacy and Good Governance in the EU by : Melanie Smith

Download or read book Centralised Enforcement, Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.

Legal Challenges in EU Administrative Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848449208
Total Pages : 409 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Legal Challenges in EU Administrative Law by : Herwig Hofmann

Download or read book Legal Challenges in EU Administrative Law written by Herwig Hofmann and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: But European administrative law is a work under construction. This book helps to explore the current state of affairs. Thomas Gross, Common Market Law Review Drs Hofmann and Türk made a name for themselves in the field of EU administrative law with their first collection of edited essays, EU Administrative Governance (Edward Elgar) 2006, which was well reviewed and made an important contribution to the subject. The focus of their new collection, Legal Challenges in EU Administrative Law, is accountability, internal through structures and procedures and external through courts and auditors. With its many useful contributions from well-known experts it promises well. Carol Harlow, London School of Economics, UK The move towards a system of integrated administration in the EU poses considerable legal challenges. This book explores ways in which accountability, legality, legitimacy and efficiency can be ensured in the multiple forms of co-operation of European and national administrations in the delivery of EU and EC policies. Examining the procedures and structures of European administrative integration, this innovative book will be a stimulating read for academics, researchers and both undergraduate and postgraduate students in European law.

Global Administrative Law and EU Administrative Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3642202640
Total Pages : 413 pages
Book Rating : 4.6/5 (422 download)

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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.

Law of Administrative Organization of the EU

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800373619
Total Pages : 264 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Law of Administrative Organization of the EU by : Matthias Ruffert

Download or read book Law of Administrative Organization of the EU written by Matthias Ruffert and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the transfer of ever more tasks and competences to the European level the EU’s administration has become increasingly complex, with ‘agencification’ as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.

Power and Legitimacy

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Publisher : Oxford University Press, USA
ISBN 13 : 0195390148
Total Pages : 362 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Power and Legitimacy by : Peter L. Lindseth

Download or read book Power and Legitimacy written by Peter L. Lindseth and published by Oxford University Press, USA. This book was released on 2010 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The implications of European integration for national democracy and constitutionalism are well known. Nevertheless, as the events of the last decade made clear, the EU's complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. In Power and Legitimacy: Reconciling Europe and the Nation-State, Peter L. Lindseth traces the roots of this paradox to integration's dependence on the postwar constitutional settlement of administrative governance on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have over the last half-century developed to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands, Professor Lindseth lays the foundation for a better understanding of the "administrative, not constitutional" nature of European governance going forward.

EU Administrative Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199568626
Total Pages : 860 pages
Book Rating : 4.1/5 (995 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, USA. This book was released on 2012-03-22 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.

Civil Society and Legitimate European Governance

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Publisher : Edward Elgar Publishing
ISBN 13 : 1847200192
Total Pages : 348 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Civil Society and Legitimate European Governance by : Stijn Smismans

Download or read book Civil Society and Legitimate European Governance written by Stijn Smismans and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.

Legitimacy and Effectiveness of ESMA’s Soft Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839109718
Total Pages : 360 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Legitimacy and Effectiveness of ESMA’s Soft Law by : van Rijsbergen, Marloes

Download or read book Legitimacy and Effectiveness of ESMA’s Soft Law written by van Rijsbergen, Marloes and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.

The Legitimacy of Standardisation as a Regulatory Technique

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789902959
Total Pages : 320 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The Legitimacy of Standardisation as a Regulatory Technique by : Mariolina Eliantonio

Download or read book The Legitimacy of Standardisation as a Regulatory Technique written by Mariolina Eliantonio and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. It explores diverse topics in regulation such as food safety, accounting, telecommunications and medical devices. Each chapter offers in-depth analysis of a number of key policy areas. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons.

Law and Administration in Europe

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Publisher :
ISBN 13 : 9780199265374
Total Pages : 350 pages
Book Rating : 4.2/5 (653 download)

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Book Synopsis Law and Administration in Europe by : Paul P. Craig

Download or read book Law and Administration in Europe written by Paul P. Craig and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Administration in Europe consists of a series of essays addressing central themes in domestic public law and in the public law of the European Union. These contributions deal with a whole range of issues, including the theoretical underpinnings of public law, the public-private divide, the nature and legitimacy of governmental action, and the relationship between different levels of government.

Allocating Authority

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509911928
Total Pages : 453 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Allocating Authority by : Joana Mendes

Download or read book Allocating Authority written by Joana Mendes and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.

Developing Administrative Principles in the EU

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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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.

Good Governance in Europe's Integrated Market

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199246083
Total Pages : 394 pages
Book Rating : 4.2/5 (46 download)

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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.

Constitutional Life and Europe's Area of Freedom, Security and Justice

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Author :
Publisher : Routledge
ISBN 13 : 1317161688
Total Pages : 168 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Constitutional Life and Europe's Area of Freedom, Security and Justice by : Alun Howard Gibbs

Download or read book Constitutional Life and Europe's Area of Freedom, Security and Justice written by Alun Howard Gibbs and published by Routledge. This book was released on 2016-05-23 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenge of thinking about the place of constitutionalism beyond the conventional categories of the nation state has become a principal concern for legal and political scholars. This book casts this issue in a different light by exploring the implications for the constitutionalism of legal integration in the European Union's 'area of freedom, security and justice'. In doing so it makes a novel contribution to an understanding of the European Union as a political community beyond the state, but in addition explores how this entails thinking differently about what is essential concerning constitutionalism. The book argues that instead of seeking to theorise constitutional foundations we actually begin to encounter the constitutional life implied by political and legal practices in the European Union and as exemplified here by 'the area of freedom, security and justice'.