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Indirect Judicial Review in Administrative Law - Legality vs Legal Certainty in Europe (Hardcover)
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Indirect Judicial Review in Administrative Law - Legality vs Legal Certainty in Europe (Hardcover)
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This book provides a comparative analysis of the concept and
concrete application of the system of indirect review of
administrative action. The indirect review of administrative action
is a judicial review mechanism that permits re-visiting already
settled administrative measures. As an indirect way of challenging
the validity of a measure or act by attacking the legal basis on
which it is founded, it can regard either general acts or
individual acts and measures. This book explores whether the system
of indirect review is a suitable remedy for modern administrative
justice, assessing whether it fairly balances the legality and the
legal certainty principles. It examines the tension between the two
principles and seeks to establish what the standards of review are
and whether a common European trend can be discerned by analysing
the theory and practice from jurisdictions in Western and Eastern
Europe, as well as the EU legal system. The book will be a valuable
resource for academics, researchers and policy-makers working in
the areas of Administrative Law, EU law, and Public Administration.
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