Administrative Law of the European Union, Its Member States and the United States: A Comparative Analysis

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Rene J. G. H. Seerden, René Seerden, F. A. M. Stroink
Intersentia nv, 2002 - 360 pages
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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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Contents

Sabien Lust
5
Who has Administrative Powers?
12
What are the Instruments Available to the Administration?
20
What Legal Protection is there against Administrative Action?
32
Conclusion
56
Substance of Administrative Powers Administrative Acts
65
Administrative Litigation Protection of the Citizens against
75
Conclusion
87
Present Court System
178
Appeal to the District Court
186
Bibliography
192
The Distribution of Administrative Powers
205
Non Judicial Redress of Grievances
221
Judicial Review
226
Conclusion
250
Rob Widdershoven
259

Administrative Organization
99
Forms of Action of the Public Administration
106
Administrative Private Law Acts
117
Conditions for Judicial Relief
133
Recent and Future Developments
141
Who has Administrative Powers?
151
What are the Norms with which the Administration has to Comply?
165
Procedures of DecisionMaking
171
What Instruments are Available in the Administration?
269
What are the Norms with which the Aclministration has to Comply?
277
Conclusion
301
Open Government
318
Due Process and Informal Adjudication
331
Bibliography
344
Copyright

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