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Indirect Judicial Review in Administrative Law: Legality vs Legal Certainty in Europe

Indirect Judicial Review in Administrative Law: Legality vs Legal Certainty in Europe

Author: Mariolina Eliantonio; Dacian C. Dragos
Publisher: Routledge
ISBN: 9780367758578
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing if it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles, and seeks to establish what the standards of review are, and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Introduction: The Indirect Review of Administrative Action in search of a fair balance between legality and legal certainty (Mariolina Eliantonio and Dacian C. Dragos)

1. Balancing legality and legal certainty: the plea of illegality in Belgian public law and the role of the Council of State and other judicial bodies (Jan Theunis, Steven van Garsse and Elien Vleugels)

2. The Indirect Review of Administrative Action in the Czech Republic (Jan Brož)

3. Collateral challenges in England and Wales: More questions than answers (Yseult Marique and Lee Marsons)

4. The system of indirect control of legality in French public law: between objective legality and increasing attention for legal certainty (Olivier Dubos, François-Vivien Guiot and Clementine Mazille)

5. Hierarchy of Norms, Iura Novit Curia and No Need to Plea for Indirect Review of Administrative Action – The Strictly German Legal Point of View (Ulrich Stelkens)

6. Rebalancing indirect judicial review of administrative action in The Netherlands (Kars de Graaf, Albert T. Marseille and Marc Wever)

7. The indirect review of administrative action in Romania: the triumph of legality over legal certainty (Dacian C. Dragos)

8. Hitting not only the Target: The Indirect Review of Administrative Action in Serbia and Croatia (Vuk Cucic)

9. The Indirect Judicial Review of Administrative Action in Spain (Dolores Utrilla Fernández-Bermejo)

10. The Indirect Review of Administrative Action in Sweden – Control and Judicial Protection (Torvald Larsson)

11. The plea of illegality in EU law: the missing piece in the puzzle of a ‘complete system of remedies’? (Mariolina Eliantonio and Matthijs van Wolferen)