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Over the last decades, environmental law has significantly
contributed to limiting pollution and decoupling economic growth
and negative environmental effects. However, current challenges
require out-of-the-box solutions, integrated and inclusive
approaches of both public and private actors and cross-border sets
of instruments. This book presents inspiring ideas about how law
can support the fundamental transition processes to a sustainable
future and how it can provide guidance on the pathways to
sustainability. This book focuses on issues such as what legal
instruments optimally encourage disruptive breakthroughs and where
law may actually hamper sustainable innovations and solutions. It
examines conceptual issues and specific legal tools, not only from
an EU law perspective, but also from national and international law
perspectives. Alongside general discussions about the role that law
plays in encouraging sustainability, the book also concentrates on
substantive areas in which transition processes to sustainability
are urgently needed: the transition to a low carbon economy in
order to comply with the Paris Agreement for climate change, the
transition to a holistic management of water resources to achieve
water security and the transition to halting the loss of
biodiversity. The different contributions make clear that until
recently, law played a limited role and should be further developed
and improved to better align with the more general aim to move
towards a sustainable society. This book can serve as an
inspiration for further discussion on the role of law as a tool for
supporting the transition to a sustainable future.
In various European countries such as France, Italy, and the
Netherlands, lawmakers have adopted legislation in order to deal
with the consequences of the economic crisis. These laws contain
provisions aimed at speeding up administrative decision making and
judicial proceedings which have an impact on various provisions of
general administrative law. Alongside the aim of facing the
economic crisis, these measures aim to make administrative law more
up-to-date and ensure it meets the needs of contemporary
society.However, acceleration measures concerning decision-making
and judicial proceedings may clash with the need to preserve the
quality of these proceedings. On the one hand, swift procedures can
be considered to be one aspect of high-quality decision making. On
the other hand, other aspects of quality such as public
participation and the thorough consideration of all relevant
aspects and interests, may be at risk when the speed of
decision-making is the only focus of reforms.Quality and Speed in
Administrative Decision-Making: Tension or Balance? presents six
national perspectives on these issues, together with a comparative
overview comparing and contrasting national approaches with regards
to finding a balance between the pace of proceedings and the
quality of administrative and judicial decisions.The book will be
of interest to academics of European and comparative administrative
law, as well as policy-makers at the national and European level.
This casebook studies the law governing judicial review of
administrative action. It examines the foundations and the
organisation of judicial review, the types of administrative
action, and corresponding kinds of review and access to court.
Significant attention is also devoted to the conduct of the court
proceedings, the grounds for review, and the standard of review and
the remedies available in judicial review cases. The relevant rules
and case law of Germany, England and Wales, France and the
Netherlands are analysed and compared. The similarities and
differences between the legal systems are highlighted. The impact
of the jurisprudence of the European Court of Human Rights is
considered, as well as the influence of EU legislative initiatives
and the case law of the Court of Justice of the European Union, in
the legal systems examined. Furthermore, the system of judicial
review of administrative action before the European courts is
studied and compared to that of the national legal systems. During
the last decade, the growing influence of EU law on national
procedural law has been increasingly recognised. However, the way
in which national systems of judicial review address the
requirements imposed by EU law differs substantially. The casebook
compares the primary sources (legislation, case law etc) of the
legal systems covered, and explores their differences and
similarities: this examination reveals to what extent a ius commune
of judicial review of administrative action is developing.
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Leo
Deon Meyer
Paperback
(3)
R365
R180
Discovery Miles 1 800
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