Home >
Law >
Legal History >
The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

Author: Giacinto della Cananea; Angela Ferrari Zumbini; Otto Pfersmann
Publisher: Oxford University Press
ISBN: 9780198867623
Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,332.50

HKD 1,292.53 Save HKD 39.97 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems.

The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

1:Introduction

Giacinto della Cananea

Part I - The Austrian Administrative Procedure Legislation

2:Administrative Procedure and Judicial Control

Clemens Jabloner

3:The History of the Administrative Procedure in Austria until 1925

Thomas Olechowski

4:The Structure and Main Features of the Austrian General Administrative Procedure Act (AVG)

Stefan Storr

Part II - The Diffusion of Administrative Procedure Legislation in Europe (1920-1970): National Reports

5:The Austrian 'Model' and the Codification of Administrative Procedure in Liechtenstein

Emanuel Schädler