Traditions and Change in European Administrative Law PDF Download

Author: Roberto Caranta
Publisher: Apollo Books
ISBN: 9789089520715
Category : Administrative law
Languages : en
Pages : 356

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Book Description
The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.

Author: Marina Künnecke
Publisher: Springer Science & Business Media
ISBN: 3540486895
Category : Law
Languages : en
Pages : 273

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Book Description
Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Author: Dornburg Research Group on New Administrative Law. Workshop
Publisher:
ISBN: 9789089521323
Category : Administrative law
Languages : en
Pages : 0

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Book Description
This volume comprises the results of the fourth workshop of the Dornburg Research Group of New Administrative Law. The group scrutinized the relationship between national traditions and the evolution of common principles of European administrative law.

Author: Matthias Ruffert
Publisher: sellier. european law publ.
ISBN: 3935808917
Category : Administrative law
Languages : en
Pages : 335

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Book Description
"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.

Author: Martin Painter
Publisher: Springer
ISBN: 0230289630
Category : Political Science
Languages : en
Pages : 283

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Book Description
Contributors examine the persistence of administrative patterns in the face of pressures for globablization by developing a concept of administrative traditions and describing the traditions that exist around the world. They assess the impact of traditions on administrative reforms and the capacities of government to change public administration.

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192567454
Category : Law
Languages : en
Pages : 994

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Book Description
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.

Author: Paul Craig
Publisher: OUP Oxford
ISBN: 0191018929
Category : Law
Languages : en
Pages : 984

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Book Description
The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.

Author: Andrés Boix-Palop
Publisher:
ISBN:
Category :
Languages : en
Pages : 15

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Book Description
In this paper, we try to define 'national traditions' in Spanish Public Law by reviewing Spanish Constitutional History, specially its evolution along the 20th century (Republic, francoism, democratization in the 70s and the EU accession). Using some criteria defined by scholars like Le Sueur, Gonod, Edelstam or Schmidt-Aßmann, this paper characterizes Spanish Public Law as rather authoritarian, even though Spanish Constitution of 1978 and the fact of being a Member of the European Union since 1986. The idea that an "administrative authority" should be in charge of public affairs, and thus enjoying a very large room of manoever, is deeply rooted in the general mood of Spanish administrative legal order and citizens. This feature explains some other "traditions" of our Public Law, such as its capacity to formally change and evolve... as long as the elites (administrative, political, economical and social ones) in charge accept this evolution.

Author: Giacinto della Cananea
Publisher: BRILL
ISBN: 9004549579
Category : Law
Languages : en
Pages : 247

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Book Description
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.

Author: Dornburg Research Group on New Administrative Law. Workshop
Publisher: Trans Pacific Press
ISBN: 9789089520982
Category : Administrative law
Languages : en
Pages : 380

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Book Description
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.