Europeanisation Of Administrative Justice
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Europeanisation Of Administrative Justice
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Author : Mariolina Eliantonio
language : en
Publisher: ISBS
Release Date : 2009
Europeanisation Of Administrative Justice written by Mariolina Eliantonio and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
Some 40 years after the landmark judgment of the European Court of Justice (ECJ) in van Gend en Loos, the impact of European law on the administrative laws of the Member States of the European Union has manifested itself intensely, and in many different aspects, because of the influence of both the ECJ and of EC legislation. This impact is particularly striking in relation to administrative law, because, as a part of public law, administrative law had long been deemed an area of monopoly of the State and a clear outgrowth of the State's sovereign powers that precluded interference from any other jurisdiction. As of today, European law influences virtually all areas of substantive administrative law, administrative organization, decision-making proceedings, and judicial protection. Amongst those areas, this book focuses on the influence of the ECJ's case law on five selected aspects of the Italian, German, and English rules on the judicial review of administrative action. Taking as a starting point the ECJ's case law on domestic remedies, the book reports the results of an investigation as to whether, and to what extent, the national courts have applied the standards of protection set out in the ECJ's case law. Furthermore, it is investigated whether, in the areas in which a process of Europeanization has taken place, the ECJ's case law has contributed to an increasing similarity between the three legal systems. Finally, the book discusses whether, for the purposes of ensuring an effective judicial protection of Community rights, the rules on the decentralized enforcement of EC law in administrative courts should be harmonized by the European legislator.
The Europeanisation Of Administrative Law
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Author : Karl-Heinz Ladeur
language : en
Publisher: Ashgate Publishing
Release Date : 2002
The Europeanisation Of Administrative Law written by Karl-Heinz Ladeur and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.
Europeanisation Of Public Law
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Author : J. H. Jans
language : en
Publisher: ISBS
Release Date : 2007
Europeanisation Of Public Law written by J. H. Jans and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
La 4ème de couverture indique : "Europeanisation of Public Law is a study about the relation between European and national public law. Familiar EU doctrines on 'procedural autonomy', 'direct effect', 'consistent interpretation', 'ex officio application of European law' and 'state liability' are used as a starting point for examining the effects of these doctrines in the various Member States. Consideration is also given to important questions concerning the enforcement of European law in the national legal order, the organisation of the judiciary and the influence of European law on fundament principles of (public) law such as legal certainty, non-discrimination and proportionality. The book has in particular been written for advanced bachelors and masters courses on the relation between national and European law. Because of the many examples of national case law, the book should be most welcome to any practitioner dealing with European law in a national context."
The Europeanisation Of The Law On Legitimate Expectations
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Author : Esther Drabkin-Reiter
language : en
Publisher:
Release Date : 2016
The Europeanisation Of The Law On Legitimate Expectations written by Esther Drabkin-Reiter 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.
This thesis considers the Europeanisation of English administrative law, in the specific context of the principle of protection of legitimate expectations. It assesses whether, how and to what extent the way in which the way in which legitimate expectations are protected in EU law has influenced the protection of legitimate expectations in English law. To make this assessment, a thorough analysis is conducted of case law in both jurisdictions. The thesis is structured into five main Chapters. Chapter A provides an introduction and looks at some general issues surrounding the concept of legitimate expectation, including which expectations are protectable and what is meant by legitimacy. Chapter B traces the development of the protection of legitimate expectations in English and EU law, and considers certain particular features in more detail for each jurisdiction, with the aim of establishing some parameters against which more recent case law can be tested and compared. In Chapter C an in-depth analysis of recent case law of the English courts, both falling within and outside the scope of EU law, is undertaken, and comparisons are drawn between these cases and with the traditional position of EU law on the protection of legitimate expectations. Chapter D contains a similar analysis in respect of recent cases of the Court of Justice of the European Union. Finally, Chapter E draws these analyses together and concludes that while there is limited convergence in the way English and EU courts approach the protection of legitimate expectations, both jurisdictions remain wary of external influence.
The Europeanisation Of Law
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Author : Francis G. Snyder
language : en
Publisher: Hart Publishing
Release Date : 2000-09-25
The Europeanisation Of Law written by Francis G. Snyder and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-25 with Law categories.
Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
The Changing Administrative Law Of An Eu Member State
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Author : Domenico Sorace
language : en
Publisher: Springer Nature
Release Date : 2020-09-26
The Changing Administrative Law Of An Eu Member State written by Domenico Sorace and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-26 with Law categories.
This book presents the evolution of Italian administrative law in the context of the EU, describing its distinctive features and comparing it with other experiences across Europe. It provides a comprehensive overview of administrative law in Italy, focusing on the main changes occurred over the last few decades.Although the respective chapters generally pursue a legal approach, they also consider the influence of economic, social, cultural and technological factors on the evolution of public administration and administrative law.The book is divided into three parts. The first part addresses general issues (e.g. procedures and organization of public administrations, administrative justice). The second part focuses on more specific topics (e.g. public intervention in the economy, healthcare management, local government). In the third part, the evolution of Italian administrative law is discussed in a comparative perspective.
Judicial Review Of Administration In Europe
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2021-08-23
Judicial Review Of Administration In Europe 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 2021-08-23 with Law categories.
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.
Public Administration In Germany
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Author : Sabine Kuhlmann
language : en
Publisher: Springer Nature
Release Date : 2021-01-29
Public Administration In Germany written by Sabine Kuhlmann and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-29 with Political Science categories.
This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
Administrative Justice In The New European Democracies
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Author : Denis James Galligan
language : en
Publisher:
Release Date : 1998
Administrative Justice In The New European Democracies written by Denis James Galligan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Administrative law categories.
Europeanisation Of National Administrative Law
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Author : Cosmina Chirilă
language : en
Publisher:
Release Date : 2020
Europeanisation Of National Administrative Law written by Cosmina Chirilă and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.