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Judicial Review of Administration in Europe

Judicial Review of Administration in Europe

Author: Giacinto della Cananea; Mauro Bussan
Publisher: Oxford University Press
ISBN: 9780198867609
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

I - General Principles and Comparative Studies

1. Administrative Procedure and Judicial Review: A 'Common Core' Research, Giacinto della Cananea and Mads Andenas

2. The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration, Ulrich Stelkens

II - The Legal Systems Selected for Comparison: Principles and Remedies

3. Administrative Procedure and Judicial Review in Austria, Stefan Storr

4. Administrative Procedure and Judicial Review in Belgium, David Renders, Luca Ceci, Sarah Koval

5. Administrative Procedure and Judicial Review in China, Xiaowei Sun

6. Administrative Procedure and Judicial Review in the European Union, Matteo Gnes and Marco Macchia

7. Administrative Procedure and Judicial Review in France, Delphine Costa

8. Administrative Procedure and Judicial Review in Germany, Lilly Weidemann

9. Administrative Procedure and Judicial Review in Hungary, Andràs Varga

10. Administrative Procedure and Judicial Review in Italy, Diana-Urania Galetta and Paolo Provenzano