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The Europeanisation of Administrative Law


ISBN13: 9780754622239
ISBN: 0754622231
Published: April 2003
Publisher: Routledge
Format: Hardback
Price: Out of print



This volume is based on a workshop held at the European University Institute, Florence, November 1999. The papers have since been revised and updated and focus on the growing impact of European law on the core elements of member states' administrative law, and especially on their different conception of procedure. The first article confirms the American experience that autonomy of procedural rationality is not easy to picture, and that implimenting a similar procedure in Europe will face difficulty. The other articles look at the procedures that exist in different member states and how a change in procedure could possibly undermine national law and procedure, without replacing it with anything substantial.

Contents:
Two transformations in administrative law - American and European?, Martin Shapiro; procedurqal errors and substansive legality in Italian administrative law, Roberto Caranta; proceduralism in English administative law, Carol Harlow; Between direct effect and rewe/comet - remarks on Dutch administrative law, procedural defects and the EIA directive, Jan H. Jans, M. de Jong; judicial control of administrative procedural mistakes in Germany - a comparative European view of environmental impact assessment, Karl-Heinz Ladeur, Rebecca Prelle; administrative review of complex dicisions - litigation on the declaration of public utilitty in French law, Rene Hositou; a theoretical approach to the tension between form and substance in English judicial reasoning, Leonor Moral Soriano; the ECJ and judical review of national administrative procedure in the field of EIA, Grainne De Burca.