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Author: Dornburg Research Group on New Administrative Law. Workshop Publisher: Trans Pacific Press ISBN: 9789089520982 Category : Administrative law Languages : en Pages : 380
Book Description
Administrative law has been the object of thorough reform in various European jurisdictions. This process of transformation has considerable impacts on administrative legal scholarship in the respective countries. Profound changes in administrative activity have established new forms of administrative institutions which raise issues of legitimacy. Besides the consensus that administrative law, administrative activities, and administrative institutions have to be legitimate, the concept of legitimacy with respect to a common European framework is more than ambiguous. An analysis of the concept of legitimacy in different national legal systems promises valuable results for a discussion on the European Union level. Although the respective jurisdictions have different starting points with respect to issues of legitimacy, common sources can be detected. This is necessary in shaping and analyzing administrative law in the EU. This book comprises the results of the third workshop of the Dornburg Research Group of New Administrative Law, which took place in Paris in October 2009. The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from European jurisdictions.
Author: Dornburg Research Group on New Administrative Law. Workshop Publisher: Trans Pacific Press ISBN: 9789089520982 Category : Administrative law Languages : en Pages : 380
Book Description
Administrative law has been the object of thorough reform in various European jurisdictions. This process of transformation has considerable impacts on administrative legal scholarship in the respective countries. Profound changes in administrative activity have established new forms of administrative institutions which raise issues of legitimacy. Besides the consensus that administrative law, administrative activities, and administrative institutions have to be legitimate, the concept of legitimacy with respect to a common European framework is more than ambiguous. An analysis of the concept of legitimacy in different national legal systems promises valuable results for a discussion on the European Union level. Although the respective jurisdictions have different starting points with respect to issues of legitimacy, common sources can be detected. This is necessary in shaping and analyzing administrative law in the EU. This book comprises the results of the third workshop of the Dornburg Research Group of New Administrative Law, which took place in Paris in October 2009. The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from European jurisdictions.
Author: Peter Nedergaard Publisher: Martinus Nijhoff Publishers ISBN: 9004155732 Category : Political Science Languages : en Pages : 223
Book Description
The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included.
Author: Herwig Hofmann Publisher: Edward Elgar Publishing ISBN: 1848449208 Category : Law Languages : en Pages : 409
Book Description
But European administrative law is a work under construction. This book helps to explore the current state of affairs. Thomas Gross, Common Market Law Review Drs Hofmann and Türk made a name for themselves in the field of EU administrative law with their first collection of edited essays, EU Administrative Governance (Edward Elgar) 2006, which was well reviewed and made an important contribution to the subject. The focus of their new collection, Legal Challenges in EU Administrative Law, is accountability, internal through structures and procedures and external through courts and auditors. With its many useful contributions from well-known experts it promises well. Carol Harlow, London School of Economics, UK The move towards a system of integrated administration in the EU poses considerable legal challenges. This book explores ways in which accountability, legality, legitimacy and efficiency can be ensured in the multiple forms of co-operation of European and national administrations in the delivery of EU and EC policies. Examining the procedures and structures of European administrative integration, this innovative book will be a stimulating read for academics, researchers and both undergraduate and postgraduate students in European law.
Author: Melanie Smith Publisher: Routledge ISBN: 1135212252 Category : Law Languages : en Pages : 272
Book Description
Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
Author: Paul Craig Publisher: Oxford University Press ISBN: 0199568626 Category : Law Languages : en Pages : 860
Book Description
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.
Author: Dacian C. Dragos Publisher: Springer Nature ISBN: 3030452271 Category : Political Science Languages : en Pages : 513
Book Description
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: van Rijsbergen, Marloes Publisher: Edward Elgar Publishing ISBN: 1839109718 Category : Law Languages : en Pages : 360
Book Description
This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies’ soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA’s existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‘hard’ effect of these soft laws.
Author: Matthias Ruffert Publisher: Edward Elgar Publishing ISBN: 1800373619 Category : Law Languages : en Pages : 264
Book Description
With the transfer of ever more tasks and competences to the European level the EU’s administration has become increasingly complex, with ‘agencification’ as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.
Author: Stijn Smismans Publisher: Edward Elgar Publishing ISBN: 1847200192 Category : Political Science Languages : en Pages : 348
Book Description
Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.
Author: Peter L. Lindseth Publisher: Oxford University Press, USA ISBN: 0195390148 Category : Law Languages : en Pages : 362
Book Description
The implications of European integration for national democracy and constitutionalism are well known. Nevertheless, as the events of the last decade made clear, the EU's complex system of governance has been unable to achieve a democratic or constitutional legitimacy in its own right. In Power and Legitimacy: Reconciling Europe and the Nation-State, Peter L. Lindseth traces the roots of this paradox to integration's dependence on the postwar constitutional settlement of administrative governance on the national level. Supranational policymaking has relied on various forms of oversight from national constitutional bodies, following models that were first developed in the administrative state and then translated into the European context. These national oversight mechanisms (executive, legislative, and judicial) have over the last half-century developed to address the central disconnect in the integration process: between the need for supranational regulatory power, on the one hand, and the persistence of national constitutional legitimacy, on the other. In defining the ways European public law has sought to reconcile these two conflicting demands, Professor Lindseth lays the foundation for a better understanding of the "administrative, not constitutional" nature of European governance going forward.
Author: Dornburg Research Group on New Administrative Law. Workshop
Author: Dornburg Research Group on New Administrative Law. Workshop
Author: Peter Nedergaard
Author: Herwig Hofmann
Author: Melanie Smith
Author: Paul Craig
Author: Dacian C. Dragos
Author: van Rijsbergen, Marloes
Author: Matthias Ruffert
Author: Stijn Smismans
Author: Peter L. Lindseth