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Until the Amsterdam Treaty,law and policymaking in the field of
immigration remained a national function, though in practice there
was much co-operation (the so-called Third Pillar). Now these
powers have been transferred to the European Community as First
Pillar powers. Only Denmark, Ireland and the UK have opted out.
This book looks at the likely effects of this substantial transfer
of powers to the Community. How will the powers and
responsibilities be divided? How should the powers be exercised?
Will there be input from the public into policymaking? What role
will Parliaments play? Will migrants suffer? The foremost scholars
from many European countries try to answer these and other
questions, offering a variety of legal and social viewpoints.
Contributors: Pieter Boeles (Amsterdam and Leiden), Antje Weiner
(Hannover), Cristina Gortazar (Madrid), Guy Goodwin-Gill (Oxford),
Nicholas Blake QC (London), Johannes van der Klaauw (UNHCR
Brussels), Jens Vedsted Hansen (Aahus), Elspeth Guild (Nijmegen and
London), Kees Groenendijk (Nijmegen), Gisbert Brinkmann (Bonn),
John Crowley (CERI, Paris), Deirdre Curtin (Utrecht), Roger Errera
(Paris), Steve Peers (Essex), Carol Harlow (LSE), Gregor Noll
(Lund).
This book of essays celebrates Mark Aronson's contribution to
administrative law. As joint author of the leading Australian text
on judicial review of administrative action, Aronson's work is
well-known to public lawyers throughout the common law world and
this is reflected in the list of contributors from the US, Canada,
Australia, New Zealand and the UK. The introduction comes from
Justice Michael Kirby of the High Court of Australia. The essays
reflect Aronson's interests in judicial review, non-judicial
grievance mechanisms, problems of proof and evidence, and the
boundaries of public and private law. Amongst the contributors,
Peter Cane, Elizabeth Fisher, and Linda Pearson write on
administrative adjudication and decision-making, Anita Stuhmcke
writes on Ombudsmen, and Robin Creyke and John McMillan, the
Commonwealth Ombudsman, write on charters, codes and 'soft law'.
There are evaluations of the profound influence of human rights law
on judicial review from the UK by Sir Jack Beatson and Thomas Poole
and from Canada by David Mullan. Matthew Groves and Chief Justice
James Spigelman address developing themes in judicial review, while
Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean
follow Aronson's interests into the private side of public law. An
American perspective is added by Alfred Aman and Jack Beermann.
This book is about the administrative procedures of the European
Union, which we see as the 'super glue' holding in place the
sprawling structures of the EU governance system. The early
chapters deal with the structures expansively defined, the diverse
functions of administrative procedures in the EU and the values
that underpin them, concentrating on the respective contributions
of the legislature and administration. A separate chapter deals
with the important procedural function of rights protection through
the two Community Courts and the contribution of the European
Ombudsman. We then turn to 'horizontal' or general procedures,
dealing with executive law-making, transparency and the regulation
of government contracting. A study of Commission enforcement
procedure ends the section. 'Vertical' or sector-specific studies
in significant areas of EU administration follow, including
competition policy, cohesion policy (structural funds) and
financial services regulation. Separate chapters deal with policing
cooperation through Europol and with the interplay of international
and EU institutions in the fields of environmental procedure and
human rights. The final chapter contains the authors' reflections
on current proposals for codification but ends with a general
evaluation of the role and contribution of administrative procedure
in the construction of the EU.
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