Legitimacy in European Administrative Law

Legitimacy in European Administrative Law
Author: Dornburg Research Group on New Administrative Law. Workshop
Publsiher: Trans Pacific Press
Total Pages: 380
Release: 2011
Genre: Administrative law
ISBN: 9089520988

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Administrative law has been the object of thorough reform in various European jurisdictions. This process of transformation has considerable impacts on administrative legal scholarship in the respective countries. Profound changes in administrative activity have established new forms of administrative institutions which raise issues of legitimacy. Besides the consensus that administrative law, administrative activities, and administrative institutions have to be legitimate, the concept of legitimacy with respect to a common European framework is more than ambiguous. An analysis of the concept of legitimacy in different national legal systems promises valuable results for a discussion on the European Union level. Although the respective jurisdictions have different starting points with respect to issues of legitimacy, common sources can be detected. This is necessary in shaping and analyzing administrative law in the EU. This book comprises the results of the third workshop of the Dornburg Research Group of New Administrative Law, which took place in Paris in October 2009. The Dornburg Research Group of New Administrative Law was founded at Dornburg Castle near Jena, Germany, in 2005. Its purpose is a long-term transnational exchange of ideas between administrative law scholars from European jurisdictions.

European Union Administration

European Union Administration
Author: Peter Nedergaard
Publsiher: Martinus Nijhoff Publishers
Total Pages: 223
Release: 2007
Genre: Political Science
ISBN: 9789004155732

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The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included.

Law of Administrative Organization of the EU

Law of Administrative Organization of the EU
Author: Matthias Ruffert
Publsiher: Edward Elgar Publishing
Total Pages: 264
Release: 2020-12-25
Genre: Law
ISBN: 9781800373617

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With the transfer of ever more tasks and competences to the European level the EU’s administration has become increasingly complex, with ‘agencification’ as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.

Centralised Enforcement Legitimacy and Good Governance in the EU

Centralised Enforcement  Legitimacy and Good Governance in the EU
Author: Melanie Smith
Publsiher: Routledge
Total Pages: 272
Release: 2009-09-10
Genre: Law
ISBN: 9781135212254

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Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.

The Sound of Silence in European Administrative Law

The Sound of Silence in European Administrative Law
Author: Dacian C. Dragos,Polonca Kovač,Hanna D. Tolsma
Publsiher: Springer Nature
Total Pages: 513
Release: 2020-07-28
Genre: Political Science
ISBN: 9783030452278

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This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.

Legal Challenges in EU Administrative Law

Legal Challenges in EU Administrative Law
Author: Herwig Hofmann,Alexander Türk
Publsiher: Edward Elgar Publishing
Total Pages: 409
Release: 2009-01-01
Genre: Law
ISBN: 9781848449206

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But European administrative law is a work under construction. This book helps to explore the current state of affairs. Thomas Gross, Common Market Law Review Drs Hofmann and Türk made a name for themselves in the field of EU administrative law with their first collection of edited essays, EU Administrative Governance (Edward Elgar) 2006, which was well reviewed and made an important contribution to the subject. The focus of their new collection, Legal Challenges in EU Administrative Law, is accountability, internal through structures and procedures and external through courts and auditors. With its many useful contributions from well-known experts it promises well. Carol Harlow, London School of Economics, UK The move towards a system of integrated administration in the EU poses considerable legal challenges. This book explores ways in which accountability, legality, legitimacy and efficiency can be ensured in the multiple forms of co-operation of European and national administrations in the delivery of EU and EC policies. Examining the procedures and structures of European administrative integration, this innovative book will be a stimulating read for academics, researchers and both undergraduate and postgraduate students in European law.

EU Administrative Law

EU Administrative Law
Author: Paul Craig
Publsiher: Oxford University Press
Total Pages: 860
Release: 2012-03-22
Genre: Law
ISBN: 9780199568628

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This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.

Civil Society and Legitimate European Governance

Civil Society and Legitimate European Governance
Author: Stijn Smismans
Publsiher: Edward Elgar Publishing
Total Pages: 352
Release: 2006-01-01
Genre: Political Science
ISBN: 9781847200198

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Smismans gathers a fine selection of papers. The book gains particular authority from its interdisciplinary approach. Ulrike Ehling, European Law Journal This book explores the concept of civil society , which over recent years has been revived and introduced into the institutional debate within the EU. Significantly, EU institutions themselves have made reference to civil society and, on an academic plane, it has been argued that the debate on the legitimacy of European governance should value the role of civil society organisations. Bringing together lawyers and political scientists, the book studies the role of civil society organisations in the multi-level context of European governance. Civil Society and Legitimate European Governance bridges the distance between normative suggestions, legal instruments and empirical analysis. Providing original contributions to the research on European governance, this book will appeal to all scholars and students with an interest in European integration and European institutions.