Administrative Law of the European Union, Its Member States and the United States: A Comparative Analysis
Rene J. G. H. Seerden, René Seerden, F. A. M. Stroink
Intersentia nv, 2002 - Law - 360 pages
This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the This book offers a comparative introduction, by editors and native authors, to the most important aspects of administrative law in various EU Member States (Belgium, France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format are: 1 What is administrative law? Definitions, general administrative law versus specific areas of administrative law, general administrative law in the context of constitutional law (trias politica, federal-unitary state aspects), basic principles and the practice/evolution of administrative law etc. 2 Who is administrating? An outline of the administration (organs, agencies, individual persons etc. in specific administrative law areas) in the framework of the territorial and functional organisation of the State. 3 Which instruments are available to the administration? An overview of the available public law instruments and the possibility to use private law instruments. 4 Which (formal) rules/principles (written or unwritten) govern administrative actions? An elaboration on decision-making procedures (public participation etc.) under general administrative law and specific areas of administrative law as well as more substantive rules/principles for administrative actions/decisions: 'due process in administrative matters'. 5 Access to (administrative) courts against administrative actions/decisions. Who can go to which courts (constitutional, administrative or ordinary) and are prior out-of-court proceedings necessary? How intensive or marginal is the test (of discretionary administrative powers) by the courts and what are the possible rulings of the court (based on a remedy- system for the plaintiff or on more general powers for the courts). 6 Recent and future developments and conclusions. The final chapter offers comparative remarks by the editors.
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Who has Administrative Powers?
What are the Instruments Available to the Administration?
What Legal Protection is there against Administrative Action?
Substance of Administrative Powers Administrative Acts
Administrative Litigation Protection of the Citizens against
Present Court System
Appeal to the District Court
The Distribution of Administrative Powers
Non Judicial Redress of Grievances
Forms of Action of the Public Administration
Administrative Private Law Acts
Conditions for Judicial Relief
Recent and Future Developments
Who has Administrative Powers?
What are the Norms with which the Administration has to Comply?
Procedures of DecisionMaking
Other editions - View all
Administrative Law of the European Union, Its Member States and the United ...
René Seerden,F. A. M. Stroink
No preview available - 2007
According Acts of Parliament adminis administrative act administrative action administrative authority administrative courts administrative decision administrative judge administrative law administrative organ Administrative Procedure agency American Administrative Law annulment application Article Basic Law BVerwGE cetera challenged citizens civil Community law competent concerning Conseil d'Etat Constitution Council Cour de Cassation damage decentralized delegated delegated legislation direct discretion disputes District Court duty EC law effect enforcement European European Union example executive exercise Factortame Federal formal function granted House of Lords important individual instance instruments interest issue judgment judicial review jurisdiction Law of Administrative legal order legal persons legal protection legislation liability Lord matter Member Minister municipal national court national law Netherlands obligation Ombudsman ordinary courts Parliament parties principle of legality private law proceedings provides public law question reasons regulations regulatory rules Section specific statute statutory Supreme Court tion trative Treaty United Kingdom