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Legitimacy in European Administrative Law: Reform and Reconstruction

Edited by: Matthias Ruffert

ISBN13: 9789089520982
Published: January 2011
Publisher: Europa Law Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £70.00



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Administrative Law has been the object of thorough reforms in the 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 the 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 European Union.

This volume 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.

Subjects:
EU Law
Contents:
Chapter 1. Legitimacy in Administrative Law: Reform and Reconstruction
Pascale Gonod
Chapter 2. Legitimacy in Administrative Law? A French Perspective
Jacques Caillosse
Chapter 3. People as ‘Users’ and ‘Citizens’ The Quest for Legitimacy in British Public Administration
Andrew Le Sueur
Chapter 4. Legitimacy and Accountability as a Basis for Administrative Organisation and Activity in Germany
Eberhard Schmidt-Aßmann
Chapter 5. Legitimacy and Accountability in Italian Administrative Law. A Critical Analysis
Giacinto della Cananea
Chapter 6. The Legitimacy of the Administration in Spain
Francisco Velasco Caballero
Chapter 7. Legitimacy Issues in Administrative Law. Historical Approach, Constitutional Approach, Fact-Finding Approach to Responsibility from a Swedish Perspective
Gunilla Edelstam
Chapter 8. The History of Legitimate Administration in Europe
Juli Ponce Solé
Chapter 9. Democracy, Legitimacy and Accountability – is there a Common European Theoretical Framework?
Roberto Caranta
Chapter 10. Legitimacy in Administrative Law: European Union
Paul Craig
Chapter 11. Historical and Prospective Views on Comparative Law as a Tool to Build a Framework for Legitimacy in Europe
Susana de la Sierra
Chapter 12. The Legitimacy of Administration: German Ideas and how they are Received in France
Patrice Chrétien
Chapter 13. Problems of Legitimacy in Contracting-Out and Privatisation
Catherine Donnelly
Chapter 14. Legitimacy: From Politics to Expertise and Public Opinion?
Dawn Oliver
Chapter 15. Legitimacy and Accountability: Integration and Compensation
Athanasios Gromitsaris
Chapter 16. Comparative Perspectives of Administrative Legitimacy
Matthias Ruffert