Spanish Administrative Traditions In The Context Of European Common Principles
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| Author | : Professor for Public Law German and European Administrative Law Ulrich Stelkens |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 961 |
| Release | : 2020-09-10 |
| Genre | : Law |
| ISBN | : 0198861532 |
This book seeks to find an answer to the question of how to rule a state well by drawing on a range of organizational, procedural, and substantive standards of administrative conduct developed within the framework of the Council of Europe (CoE) as an organization of a broader scope than the European Union.
| Author | : Dornburg Research Group on New Administrative Law. Workshop |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2013 |
| Genre | : Administrative law |
| ISBN | : 9789089521323 |
This volume comprises the results of the fourth workshop of the Dornburg Research Group of New Administrative Law. The group scrutinized the relationship between national traditions and the evolution of common principles of European administrative law.
| Author | : Ortega Álvarez Ortega |
| Publisher | : Europa Law Publishing |
| Total Pages | : 218 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9789089520838 |
This book is devoted to the study of the Europeanization of Spanish administrative law, and its scope results, therefore, from the intersection of two basic notions. On the one hand, Europeanization is understood here as a top-down process of innovation suffered by national law as an outcome of the structural principles which govern the relations between European and national systems. On the other hand, the book focuses on some of the most important institutions of Spanish general administrative law, in order to give a wide and comprehensive insight into the transformations of the system, thus going beyond the description of the transformations experienced by the regulation of concrete sectors of administrative action. Specifically, the main topics discussed include regulation of administrative procedure, case law on the right to good administration, public procurement law, public services regulation, interim measures in judicial review, and the evolution of administrative sanctions.
| Author | : Paul Craig |
| Publisher | : Oxford University Press |
| Total Pages | : 994 |
| Release | : 2018-10-25 |
| Genre | : Law |
| ISBN | : 0192567454 |
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.
| Author | : Martin Painter |
| Publisher | : Springer |
| Total Pages | : 283 |
| Release | : 2016-01-05 |
| Genre | : Political Science |
| ISBN | : 0230289630 |
Contributors examine the persistence of administrative patterns in the face of pressures for globablization by developing a concept of administrative traditions and describing the traditions that exist around the world. They assess the impact of traditions on administrative reforms and the capacities of government to change public administration.
| Author | : Robert Krimmer |
| Publisher | : Springer Nature |
| Total Pages | : 241 |
| Release | : 2021-07-02 |
| Genre | : Computers |
| ISBN | : 3030798518 |
This open access State-of-the-Art Survey describes and documents the developments and results of the Once-Only Principle Project (TOOP). The Once-Only Principle (OOP) is part of the seven underlying principles of the eGovernment Action Plan 2016-2020. It aims to make the government more effective and to reduce administrative burdens by asking citizens and companies to provide certain standard information to the public authorities only once. The project was horizontal and policy-driven with the aim of showing that the implementation of OOP in a cross-border and cross-sector setting is feasible. The book summarizes the results of the project from policy, organizational, architectural, and technical points of view.
| Author | : Ana Marta Guillén |
| Publisher | : Routledge |
| Total Pages | : 339 |
| Release | : 2016-02-17 |
| Genre | : Business & Economics |
| ISBN | : 1317014987 |
Following the death of Franco, Spain underwent a transition to democracy in the mid-1970s. Although a rapid process of modernization occurred, the Spanish welfare state was seen, until fairly recently, as relatively underdeveloped. However, given the progressive Europeanization and expansion of Spanish social policy, questions arise as to whether the Spanish welfare system should still be considered as peripheral to West European welfare states. This volume is divided into three sections. The first section deals with broad trends in the evolution of the Spanish welfare state. To begin with, the consolidation path of social protection policies is explored. Attention is also paid to the process of Europeanization. Furthermore, the analysis explores advances in gender equality policies. In the second section, attention is turned to governance issues, such as collective bargaining, the interplay among levels of government, the welfare mix and public support for social policies. The third and final part of the book addresses five main challenges facing the Spanish welfare state in the 21st century, namely, the need to enhance flexicurity; to achieve a better work-family balance; to coordinate immigration policies with existing social protection; to tackle the persistence of high rates of relative poverty; and to face intense population ageing, both in terms of increasing needs for care and the reform of the pension system.
| Author | : Giacinto della Cananea |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2024-07-04 |
| Genre | : Law |
| ISBN | : 0192637657 |
In the field of administrative law, there is no systematic body of rules similar to those characteristic of European civil codes. General principles are therefore of fundamental importance. This volume - the sixth in the series concerning the common core of European administrative laws - explores this importance through two strands. Firstly, it examines in detail the relationship between general principles of law, such as due process, and sector-specific rules established by legislative and regulatory provisions, for example in licensing and disciplinary matters. Several questions about the nature of general principles emerge through this analysis. Are general principles about filling gaps? Or do they have a foundational role because they give meaning to the values that are shared by European legal systems, such as respect for the rule of law and for fundamental rights? Secondly, this volume also explores the interaction between commonality and diversity in European administrative law. It considers whether there are shared standards of administrative conduct, including the duty to give reasons, or if there are fundamental differences with regard to non-European legal systems, such as that of China and Venezuela. These questions are investigated through factual analysis, based on a set of hypothetical cases, which are discussed by national experts. This book then scrutinizes these questions to determine how commonality and diversity have extended and interact with one another, within and across legal systems, both diachronically and synchronically, over the course of a century. It shows that there are both unexpected areas of agreement between the European legal systems, notably concerning the right to be heard (expressed by the maxim audi alteram partem) and the duty to give reasons, and there are also areas of disagreement, for example as far as the right to remain silent vis ? vis the administration (that is, nemo tenetur se detegere) is concerned.
| Author | : Sabino Cassese |
| Publisher | : Oxford University Press |
| Total Pages | : 841 |
| Release | : 2017-07-24 |
| Genre | : Reference |
| ISBN | : 0191039837 |
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
| Author | : Anneli Albi |
| Publisher | : Springer |
| Total Pages | : 1522 |
| Release | : 2019-05-29 |
| Genre | : Law |
| ISBN | : 9462652732 |
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
