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

Front Cover
René Seerden, F. A. M. Stroink
Intersentia nv, 2002 - 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.

From inside the book

Contents

SABIEN LUST
5
2
13
1
20
4
26
5
32
6
56
3
63
2
69
2
168
2
174
3
181
4
182
6
189
BRIAN JONES AND KATHARINE THOMPSON
199
1
205
2
213

3
80
6
87
2
93
1
100
Forms of Action of the Public Administration
106
6
112
9
117
2
129
5
139
6
140
2
147
2
154
3
160
4
221
Judicial Review
226
Conclusion
250
ROB WIDDERSHOVEN
259
What Instruments are Available in the Administration?
269
What are the Norms with which the Administration has to Comply?
277
Conclusion
301
3
313
4
319
6
325
11
331
5
341
Copyright

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