The Common Core Of European Administrative Law Project PDF Download
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Author | : Mauro Bussani |
Publisher | : |
Total Pages | : 11 |
Release | : 2019 |
Genre | : |
ISBN | : |
Download 'The Common Core of European Administrative Law' Project Book in PDF, ePub and Kindle
One of the basic aims of the project 'CoCEAL - The Common Core of European Administrative Law' is that of testing whether, and to what extent, the comparative legal methodology successfully developed under another initiative, that is, 'The Common Core of European Private Law' project, can be applied to the field of administrative law. This is why this paper will start by briefly describing the overall architecture, and the methodology underlying 'The Common Core of European Private Law' project. After reviewing and dismissing a few critiques that have through time been moved to the 'Common Core' enterprise, the paper will end with a sketch of the promises and challenges that the adoption of the 'Common Core' methodology might entail for the comparative research on European administrative law.
Author | : Giacinto della Cananea |
Publisher | : BRILL |
Total Pages | : 247 |
Release | : 2023-07-24 |
Genre | : Law |
ISBN | : 9004549579 |
Download The Common Core of European Administrative Laws Book in PDF, ePub and Kindle
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.
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Total Pages | : 0 |
Release | : 2020 |
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Download The Common Core of European Administrative Laws Book in PDF, ePub and Kindle
Author | : Giacinto della Cananea |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2024-07-04 |
Genre | : Law |
ISBN | : 0192637657 |
Download General Principles and Sector-Specific Rules in European Administrative Laws Book in PDF, ePub and Kindle
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.
Author | : Giacinto della Cananea |
Publisher | : Oxford University Press |
Total Pages | : 368 |
Release | : 2021-02-04 |
Genre | : Law |
ISBN | : 0192637630 |
Download Administrative Justice Fin de siècle Book in PDF, ePub and Kindle
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.
Author | : Dacian C. Dragos |
Publisher | : Springer Nature |
Total Pages | : 513 |
Release | : 2020-07-28 |
Genre | : Political Science |
ISBN | : 3030452271 |
Download The Sound of Silence in European Administrative Law Book in PDF, ePub and Kindle
This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.
Author | : Edoardo Chiti |
Publisher | : Springer Science & Business Media |
Total Pages | : 413 |
Release | : 2011-07-03 |
Genre | : Law |
ISBN | : 3642202640 |
Download Global Administrative Law and EU Administrative Law Book in PDF, ePub and Kindle
This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.
Author | : Paul Craig |
Publisher | : Oxford University Press, USA |
Total Pages | : 860 |
Release | : 2012-03-22 |
Genre | : Law |
ISBN | : 0199568626 |
Download EU Administrative Law Book in PDF, ePub and Kindle
This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.
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Total Pages | : |
Release | : 1999 |
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ISBN | : |
Download The Common Core of European Private Law Project Book in PDF, ePub and Kindle
Author | : Martina Conticelli |
Publisher | : Oxford University Press |
Total Pages | : 401 |
Release | : 2022-09-01 |
Genre | : Law |
ISBN | : 0192637673 |
Download Procedural Requirements for Administrative Limits to Property Rights Book in PDF, ePub and Kindle
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.