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This series argues that there is a common administrative core to
European legal systems that can be better understood in comparative
terms. This volume examines government liability in tort, using
case studies to explore different government responses. Part I sets
the stage for the project and the parameters followed by the
scholars involved. Part II expands on the legal systems chosen for
comparison, setting up their general tort procedures. Part III
presents case studies from Austria, the European Union, France,
Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and
the United Kingdom. Each case study has a theoretical response
detailing what would happen should that case occur within each
country's borders. Part IV compares and contrasts the information
provided in Part III. It examines both the commonalities and the
distinctive traits of these legal systems, with a view to
understand the nature of their 'common core'. This volume is an
essential tool for anyone involved in administrative and
constitutional law and government liability in tort.
This book argues that the development of administrative law in
Europe owes much to Austria, not only because its Administrative
Court was one of the first to define and refine general principles,
such as legality, due process and general interest, but also
because in 1925 Austria adopted a general law of administrative
procedure, which had important consequences for other legal
systems. The book follows two themes. The first is the Austrian
codification of administrative procedure itself. The second is the
spread of Austrian ideas and institutions to some neighbouring
countries. From the first point of view, the book points out the
various factors that favoured the adoption of administrative
procedure legislation and the reception of the model of review. In
this respect, the book is enriched by the English translation of
the Austrian general act of 1925. From the other viewpoint, the
book deviates from the standard accounts whereby the Austrian
codification had some influence on its closest neighbours,
including Poland, Czechoslovakia and Yugoslavia; first, because it
compares their legislative provisions, as well as their durability,
notwithstanding drastic political changes, when these countries
fell under Soviet rule; second, because it does not limit itself to
the concept of 'influence', arguing that there was a 'diffusion' of
general administrative procedure legislation; thirdly, because it
examines why the major administrative systems of continental
Europe, such as France, Germany and Italy, did not adopt
administrative procedure legislation. The book thus provides an
unprecedented outlook on the emergence of an increasing common core
regarding administrative procedure.
The second volume in this series explores the evolution of
administrative laws in Europe to better understand the foundations
of EU institutions, focusing on the period of 1890-1910. These
years saw both a growth of governments and either the entry into
force or the consolidation of mechanisms of control on public
authorities. Comparing the Austro-Hungarian Empire, Belgium,
France, the German Empire, Italy, and the United Kingdom, this
title focuses on their historical administrative actions and looks
at their development during that time. The volume contains three
sections. The first introduces the project and the topic. The
second covers the six legal systems chosen for this study, looking
at the historical context. The third takes a comparative approach
across the six systems, following on from their histories to look
at their development and legacies. This edited collection expands
on the ideals of a common core within European administrative law
and how they have shaped our world. This volume is an essential
tool for anyone involved in administrative and constitutional law
and legal history.
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.
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