Author: Publisher: Siglo del Hombre Editores
ISBN:
Category :
Languages : en
Pages : 223
Book Description
Author: Publisher: Siglo del Hombre Editores
ISBN:
Category :
Languages : en
Pages : 223
Book Description
Good Administration and the Council of Europe
Author: Ulrich StelkensPublisher: Oxford University Press
ISBN: 0192605941
Category : Law
Languages : en
Pages : 912
Book Description
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.
General Principles and Sector-Specific Rules in European Administrative Laws
Author: Giacinto della CananeaPublisher: Oxford University Press
ISBN: 0192637657
Category : Law
Languages : en
Pages : 353
Book Description
In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.
Constitutional Law in Spain
Author: Agustín Ruiz RobledoPublisher: Kluwer Law International B.V.
ISBN: 9403536861
Category : Law
Languages : en
Pages : 338
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Spain provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Spain will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
La reforma de la administración general del Estado
Author: Manuel Arenilla SáezPublisher: Editorial Almuzara
ISBN: 8483564416
Category : Business & Economics
Languages : en
Pages : 213
Book Description
Jordi Sevilla dirige una propuesta de reforma de la Administración General del Estado que proporcione un mejor servicio al ciudadano desde la apertura y la transparencia.
2012
Author: Publisher: Walter de Gruyter
ISBN: 3110278715
Category : Reference
Languages : en
Pages : 3064
Book Description
Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 659,000 articles from more than 30,500 festschrifts, published between 1977 and 2011, have been catalogued.
Criminal Law-Making
Author: José BecerraPublisher: Springer Nature
ISBN: 3030713482
Category : Law
Languages : en
Pages : 233
Book Description
This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.
The Effectiveness of the Köbler Liability in National Courts
Author: Zsófia VargaPublisher: Bloomsbury Publishing
ISBN: 1509939202
Category : Law
Languages : en
Pages : 312
Book Description
Over the last 15 years, Köbler liability has resulted in the allocation of damages on only five occasions. Why is that? And what are the practical implications of the Köbler judgment in the Member States? This book offers a unique analysis of the principle – not from the usual EU-focused point of view but from the view of the practical Member State – and thus follows the track set by earlier books in the 'EU Law in the Member States' series. It thoroughly examines the national jurisprudential and legislative acceptation of the state liability principle and explores the existence of alternative remedies available in the Member States in case of such breaches. The conclusions, based on a systematic assessment of 300 national judgments from the 28 Member States, lead to a reconsideration of the role of the Köbler doctrine in the system of judicial remedies against violation of EU law by national supreme courts. After the pronouncement of the ECJ judgment in Köbler, legal scholars and practitioners have forecast the eradication of the principle of res judicata and the endangering of judicial independence. The judgment caused a lot of ink to flow; according to the ECJ's records, at least 100 studies are directly devoted to the analysis of this decision. This book is, however, the first to offer a comprehensive analysis on the genuine life of the Köbler liability in the Member States.
Procedural Requirements for Administrative Limits to Property Rights
Author: Martina ConticelliPublisher: Oxford University Press
ISBN: 0192637673
Category : Law
Languages : en
Pages : 401
Book Description
Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.
Contemporary Spanish Politics
Author: José M. MagonePublisher: Routledge
ISBN: 1351959042
Category : Political Science
Languages : en
Pages : 553
Book Description
This fully revised and updated third edition reflects the considerable changes in Spain over the last decade as the country celebrates 40 years of its constitution. The author gives fresh insight into the formal and informal workings of this dynamic southern European democracy. Thoroughly examining Spain’s historical background, political culture, core political institutions and foreign policy-making, each chapter provides a research-based overview of the studied topic which can then be used as the basis for further research by students. Key themes of the book include: A thorough overview of contemporary Spanish politics, especially the governments of Zapatero and Rajoy; Spain’s political culture and institutional framework; The Spanish economy, and the consequences of the economic and sovereign debt crisis; Foreign policy-making; the reaction to the global anti-terrorist coalition and the Madrid bombings; Policy-making process and the system of interest intermediation; Party system and electoral process; The dynamics of regional/territorial politics and the Basque, Catalan and Galician nationalisms, particularly the quest for Catalan independence; External relations with the European Union, the Mediterranean and Latin America; Constitutional reform; Immigration. Richly illustrated with maps and presenting large amounts of statistical and quantitative data, this book is an indispensable source of information for students, academics and the wider public interested in Spanish politics.