Author : Professor for Public Law German and European Administrative Law Ulrich Stelkens
Publisher : Oxford University Press, USA
Page : 961 pages
File Size : 24,80 MB
Release : 2020-09-10
Category : Law
ISBN : 0198861532
This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.
Author : Ulrich Stelkens
Publisher : Oxford University Press
Page : 912 pages
File Size : 20,46 MB
Release : 2020-09-11
Category : Law
ISBN : 0192605941
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.
Author : François Foret
Publisher : Routledge
Page : 201 pages
File Size : 31,41 MB
Release : 2013-12-04
Category : Political Science
ISBN : 1317962354
In recent years, the failure of the constitutional process, the difficult ratification and implementation of the Lisbon Treaty, as well as the several crises affecting Europe have revitalized the debate on the nature of the European polity and the balance of powers in Brussels. This book explains the redistribution of power in the post-Lisbon EU with a focus on the European Council. Reform of institutions and the creation of new political functions at the top of the European Union have raised fresh questions about leadership and accountability. This book argues that the European Union exhibits a political order with hierarchies, mechanisms of domination and legitimating narratives. As such, it can be understood by analysing what happens at its summit. Taking the European Council as the nexus of European political governance, contributors consider council and rotating presidencies' co-operation, rivalry and opposition. The book combines approaches through events, processes and political structures, issues and the biographical trajectories of actors and explores how the founding compromise of European integration between sovereignty and supranationality is affected by the evolving nature of this new European political model which aims to combine cooperation and integration. The European Council and European Governance will be of strong interest to students and scholars of European studies, political science, political sociology, public policy and international relations.
Author : Giacinto Della Cananea
Publisher : Oxford University Press
Page : 417 pages
File Size : 42,23 MB
Release : 2021
Category : Judicial review
ISBN : 0198867603
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.
Author : Paul Craig
Publisher : Oxford University Press
Page : 331 pages
File Size : 32,74 MB
Release : 2017
Category : Law
ISBN : 0198795300
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Author : Council of Europe. Committee of Ministers
Publisher : Council of Europe
Page : 133 pages
File Size : 22,98 MB
Release : 2006-01-01
Category : Law
ISBN : 9287159823
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Author : Paul Craig
Publisher : Oxford University Press
Page : 994 pages
File Size : 35,75 MB
Release : 2018-10-25
Category : Law
ISBN : 0192567454
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 : Armin von Bogdandy
Publisher : Springer Nature
Page : 478 pages
File Size : 16,76 MB
Release : 2021-01-05
Category : Law
ISBN : 366262317X
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author : Jean-Loup Chappelet
Publisher : Council of Europe
Page : 114 pages
File Size : 43,40 MB
Release : 2010-01-01
Category : Political Science
ISBN : 9789287167200
Given the impact that successive court rulings have had on the organisation of the sports movement in the past 15 years, the autonomy of non-governmental sports organisations has become a highly topical concern in Europe. It is also closely related to the issue of governance, the subject of previous Council of Europe studies. The Enlarged Partial Agreement on Sport (EPAS) decided to explore the concept of autonomy in greater depth by studying the conceptual, political, legal, economic and psycho-sociological aspects of the subject. This study was carried out at the request of the EPAS by the Swiss Graduate School of Public Administration (IDHEAP) on the basis of a questionnaire sent to public authorities in charge of sport and to national and international umbrella sports organisations. In addition to an analysis of the data obtained, documents produced by public authorities and sports organisations on this emerging issue are presented. This study contributes to a better understanding of the concept of autonomy and offers a clear picture of the issues involved.
Author : Herwig C.H. Hofmann
Publisher : Oxford University Press, USA
Page : 1064 pages
File Size : 16,40 MB
Release : 2011-10-27
Category : Law
ISBN : 0199286485
This book is a comprehensive, detailed, and highly systematic treatment which both describes and critically analyses the administrative law and policy of the European Union.
