The Austrian Codification Of Administrative Procedure
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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.
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 Common Core Of European Administrative Laws
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Author : Giacinto della Cananea
language : en
Publisher: BRILL
Release Date : 2023-07-24
The Common Core Of European Administrative Laws written by Giacinto della Cananea and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
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.
Codification Of Administrative Law
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Author : Felix Uhlmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-07-27
Codification Of Administrative Law written by Felix Uhlmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-27 with Law categories.
This open access book blends constitutional theory with real-life political practice. It explores the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political, and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification-the appendative, the integrative, and the invisible models-and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world-across Africa, America, Asia and Oceania, and Europe-raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
The Austrian Legal System
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Author : Herbert Hausmaninger
language : en
Publisher:
Release Date : 1998
The Austrian Legal System written by Herbert Hausmaninger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Comparative law categories.
This book presents a broad range of aspects of Austrian law & legal culture for the purpose of comparison with other legal systems. It treats the following subjects: political history, the Constitution, sources & interpretation of law, the political system, Austria & the European Union, legal education & professions, the courts, administrative adjudication, constitutional review, fundamental rights, criminal procedure, the civil law tradition, & the Austrian Civil Code. These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law & legal development. Austrian students & practitioners, too, may find this approach helpful when it comes to explaining their law to others.
Judicial Review Of Administration In Europe
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Author : Giacinto Della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2021
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 with Judicial review 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.
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.
The Oxford Handbook Of Comparative Administrative Law
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Author : Peter Cane
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-17
The Oxford Handbook Of Comparative Administrative Law written by Peter Cane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-17 with Law categories.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Good Administration And The Council Of Europe
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Author : Ulrich Stelkens
language : en
Publisher: Oxford University Press
Release Date : 2020-09-11
Good Administration And The Council Of Europe written by Ulrich Stelkens 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 2020-09-11 with Law categories.
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.
Administrative Justice Fin De Si Cle
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Author : Giacinto della Cananea
language : en
Publisher: Oxford University Press
Release Date : 2021-02-04
Administrative Justice Fin De Si Cle 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 2021-02-04 with Law categories.
The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910. These years saw both a growth of governments and either the entry into force or the consolidation of mechanisms of control on public authorities. Comparing the Austro-Hungarian Empire, Belgium, France, the German Empire, Italy, and the United Kingdom, this title focuses on their historical administrative actions and looks at their development during that time. The volume contains three sections. The first introduces the project and the topic. The second covers the six legal systems chosen for this study, looking at the historical context. The third takes a comparative approach across the six systems, following on from their histories to look at their development and legacies. This edited collection expands on the ideals of a common core within European administrative law and how they have shaped our world. This volume is an essential tool for anyone involved in administrative and constitutional law and legal history.