Codification Of Administrative Procedure


Codification Of Administrative Procedure
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Codification Of Administrative Procedure


Codification Of Administrative Procedure
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Author : Jean-Bernard Auby
language : en
Publisher: Primento
Release Date : 2013-11-27

Codification Of Administrative Procedure written by Jean-Bernard Auby and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-27 with Law categories.


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.



The Austrian Codification Of Administrative Procedure


The Austrian Codification Of Administrative Procedure
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2023-02-04

The Austrian Codification Of Administrative Procedure written by Giacinto della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-04 with Law categories.


This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.



The Austrian Codification Of Administrative Procedure


The Austrian Codification Of Administrative Procedure
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2023-02-28

The Austrian Codification Of Administrative Procedure written by Giacinto della Cananea and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with categories.


This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.



Codification Of Administrative Law


Codification Of Administrative Law
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Author : Felix Uhlmann
language : en
Publisher: Hart Publishing
Release Date : 2025-01-23

Codification Of Administrative Law written by Felix Uhlmann and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-23 with Law categories.


This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: Does codification increase predictability and legal certainty? Does codification lead to a 'petrification' of administrative law? To what degree does the constitution shape administrative law? Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis. This ebook is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com.



Reneual Model Rules On Eu Administrative Procedure


Reneual Model Rules On Eu Administrative Procedure
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2017

Reneual Model Rules On Eu Administrative Procedure written by Paul Craig and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.


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.



Codification Of Administrative Law


Codification Of Administrative Law
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Author : Felix Uhlmann
language : en
Publisher: Hart Publishing
Release Date : 2023-03-09

Codification Of Administrative Law written by Felix Uhlmann and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-09 with Law categories.


This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: - Does codification increase predictability and legal certainty? - Does codification lead to a 'petrification' of administrative law? - To what degree does the constitution shape administrative law? - Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis.



The Model Rules On Eu Administrative Procedures


The Model Rules On Eu Administrative Procedures
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Author : Matthias Ruffert
language : en
Publisher:
Release Date : 2016

The Model Rules On Eu Administrative Procedures written by Matthias Ruffert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Administrative law categories.


In various European countries, debates on the transformation of administrative law are held from a national perspective and with different intensity. Given the considerable effects such a discussion may have on the methods of administrative legal scholarship, an analysis of these developments in a European context promises valuable results. For this purpose, a long term transnational exchange of ideas - between administrative law scholars from England, France, Germany, Italy, Spain and Sweden, was initiated in 2005 in Dornburg Castle and then continued with meetings in London (2007), Paris (2009) and Dornburg Castle again (2012). The fifth workshop took place in Rome in April 2015. This time, the group considered a proposal for codification, the Model Rules of the Research Network on European Administrative Law (ReNEUAL). It analysed the Third Book of the Model Rules on single administrative decisions in particular. The editor Matthias Ruffert was Professor of Public Law, European Law and Public International Law at the Friedrich-Schiller-UniversitÃ?¤t Jena at the time of the workshop and is now Professor of Public Law and European Law at the Humboldt-UniversitÃ?¤t zu Berlin. He initiated the group and is co-leading it with Pascale Gonod, UniversitÃ?Â(c) de Paris I, PanthÃ?Â(c)on-Sorbonne, and Andrew Le Sueur, University of Essex, Colchester. (Series: European Administrative Law, Vol. 11) [Subject: Administrative Law, European Law]



Codification In International Perspective


Codification In International Perspective
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Author : Wen-Yeu Wang
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-12

Codification In International Perspective written by Wen-Yeu Wang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-12 with Law categories.


No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.



Codification In East Asia


Codification In East Asia
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Author : Wen-Yeu Wang
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-07

Codification In East Asia written by Wen-Yeu Wang and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-07 with Law categories.


This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.



The Code Of Administrative Procedure


The Code Of Administrative Procedure
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Author :
language : en
Publisher:
Release Date : 2017

The Code Of Administrative Procedure written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.