ReNEUAL Model Rules on EU Administrative Procedure

ReNEUAL Model Rules on EU Administrative Procedure
Author: Paul Craig
Publisher: Oxford University Press
Total Pages: 331
Release: 2017-06-16
Genre: Law
ISBN: 0192514520

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The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

The Model Rules on EU Administrative Procedures

The Model Rules on EU Administrative Procedures
Author: Matthias Ruffert
Publisher:
Total Pages: 0
Release: 2016
Genre: Administrative law
ISBN: 9789089521859

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In various European countries, debates on the transformation of administrative law are held from a national perspective and with different intensity. Given the considerable effects such a discussion may have on the methods of administrative legal scholarship, an analysis of these developments in a European context promises valuable results. For this purpose, a long term transnational exchange of ideas - between administrative law scholars from England, France, Germany, Italy, Spain and Sweden, was initiated in 2005 in Dornburg Castle and then continued with meetings in London (2007), Paris (2009) and Dornburg Castle again (2012). The fifth workshop took place in Rome in April 2015. This time, the group considered a proposal for codification, the Model Rules of the Research Network on European Administrative Law (ReNEUAL). It analysed the Third Book of the Model Rules on single administrative decisions in particular. The editor Matthias Ruffert was Professor of Public Law, European Law and Public International Law at the Friedrich-Schiller-UniversitÃ?¤t Jena at the time of the workshop and is now Professor of Public Law and European Law at the Humboldt-UniversitÃ?¤t zu Berlin. He initiated the group and is co-leading it with Pascale Gonod, UniversitÃ?Â(c) de Paris I, PanthÃ?Â(c)on-Sorbonne, and Andrew Le Sueur, University of Essex, Colchester. (Series: European Administrative Law, Vol. 11) [Subject: Administrative Law, European Law]

EU Administrative Law

EU Administrative Law
Author: Paul Craig
Publisher: Oxford University Press
Total Pages: 944
Release: 2018-10-25
Genre: Law
ISBN: 0192567454

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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Due Process of Law Beyond the State

Due Process of Law Beyond the State
Author: Giacinto della Cananea
Publisher: Oxford University Press
Total Pages: 382
Release: 2016-09-22
Genre: Law
ISBN: 0191092622

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Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.

ReNEUAL Model Rules on EU Administrative Procedure

ReNEUAL Model Rules on EU Administrative Procedure
Author: Paul Craig
Publisher: Oxford University Press
Total Pages: 328
Release: 2017-06-09
Genre: Law
ISBN: 0192514539

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The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Reconstructing European Copyright Law for the Digital Single Market

Reconstructing European Copyright Law for the Digital Single Market
Author: BERND JUSTIN. JUTTE
Publisher: Hart Publishing Limited
Total Pages: 640
Release: 2017-04-06
Genre:
ISBN: 9781509914791

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The book critically examines the current process of reforming the copyright system in the European Union. On the basis of core elements of the harmonised copyright acquis, the work exposes the shortcomings of current reform proposals with a view to establishing a digital single market. In this regard, it is highlighted that the existing directives and regulations lack fundamental principles that could serve as a basis for a systematically structured European copyright, and that also the current reform proposals do not reflect such an approach. These deficits are addressed by fundamental approaches for an EU copyright reform. For this purpose, three legislative options are discussed. The work takes a clear position in the current debate of EU copyright reform and offers starting points from which a more systematic and coherent copyright system can be developed.

Research Handbook on EU Administrative Law

Research Handbook on EU Administrative Law
Author: Carol Harlow
Publisher: Edward Elgar Publishing
Total Pages: 653
Release: 2017-02-24
Genre: Law
ISBN: 1784710687

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Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
Total Pages: 406
Release: 2008
Genre: Civil law
ISBN: 3866530595

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In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

The Oxford Handbook of Comparative Administrative Law

The Oxford Handbook of Comparative Administrative Law
Author: Peter Cane
Publisher: Oxford University Press, USA
Total Pages: 1169
Release: 2021-01-17
Genre: Law
ISBN: 0198799985

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In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Judicial Review of Administration in Europe

Judicial Review of Administration in Europe
Author: Giacinto Della Cananea
Publisher: Oxford University Press
Total Pages: 417
Release: 2021
Genre: Judicial review
ISBN: 0198867603

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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.