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The Services Directive is one of the cornerstones for the
realization of the EU internal market and is fundamental to
economic and legal experts, as well as to the general public. This
book analyses in detail the different steps taken by each of the 27
EU Member States in the implementation process of the Services
Directive. It provides not only detailed information about the
changes in national law adopted by the Member States, but also
facilitates a comparison of the different implementation
strategies. It gives an insight in the heterogeneity or homogeneity
of implementation concepts and shows how European legislation
affects legislation that were originally nationally dominated, such
as the law of national administration. Valuable for academics
interested in European and administrative law and the transposition
of European lawmaking into domestic law, as well as for civil
servants in ministries, chambers of commerce, local governments and
other comparable institutions having to implement the Directive.
Good Administration and the Council of Europe: Law, Principles, and
Effectiveness examines the existence and effectiveness of written
and unwritten standards of good administration developed within the
framework of the Council of Europe (CoE) and in the case law of the
European Court of Human Rights. These standards - called 'pan-
European general principles of good administration' - cover the
entire range of general organizational, procedural, and substantive
legal institutions meant to ensure a democratically legitimized,
open, and transparent administration respecting the rule of law.
They are about the 'limiting function' of administrative law: its
function to protect individuals from arbitrary power, to legitimize
administrative action, and to combat corruption. This book analyses
the sources and functions of the pan-European general principles of
good administration and seeks to uncover how deeply they are rooted
in the domestic legal systems of the CoE Member States. It
comprises 28 country reports dedicated to an in-depth exploration
of the impact of these standards on the national legal systems of
the Member States written by respective experts on these systems.
It argues that the pan-European general principles of good
administration lead to a certain harmonization of the legal orders
of the Member States with regard to the limiting function of
administrative law despite the many fundamental differences between
their administrative and legal systems. It comes to the further
conclusion that the pan-European general principles of good
administration can be considered as a concretization of the
founding values of the CoE and describes the 'administrative law
obligations' a Member State entered into when joining the CoE.
The Services Directive is one of the cornerstones for the
realization of the EU internal market and is fundamental to
economic and legal experts, as well as to the general public. This
book analyses in detail the different steps taken by each of the 27
EU Member States in the implementation process of the Services
Directive. It provides not only detailed information about the
changes in national law adopted by the Member States, but also
facilitates a comparison of the different implementation
strategies. It gives an insight in the heterogeneity or homogeneity
of implementation concepts and shows how European legislation
affects legislation that were originally nationally dominated, such
as the law of national administration. Valuable for academics
interested in European and administrative law and the transposition
of European lawmaking into domestic law, as well as for civil
servants in ministries, chambers of commerce, local governments and
other comparable institutions having to implement the Directive.
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