Judicial Review of Administration in Europe最新文献

Administrative Procedure and Judicial Review in Switzerland 瑞士的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0014

T. Tanquerel

{"title":"Administrative Procedure and Judicial Review in Switzerland","authors":"T. Tanquerel","doi":"10.1093/oso/9780198867609.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780198867609.003.0014","url":null,"abstract":"This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law preclude the determination by the courts of certain exceptional categories of case'. It is widely recognized that Article 29a Cst. grants the right of judicial review of administrative action to everyone whose rights or obligations are affected by such an action. Judicial review of administrative action is entrusted partly to courts with general jurisdiction, partly to specialized administrative courts, and partly to specific independent appellate committees. As a general principle, procedural rights are deemed 'formal rights' by the Federal Tribunal, whose violation would cause the act or the measure at stake to be quashed irrespective of its substantive merits. However, there are certain acts or measures issued by Swiss authorities which escape judicial control, when those acts or measures are primarily of a political nature. When an act is appealed before a court, the only question at stake is the validity of the act. If the court finds it unlawful for procedural or substantive reasons, it will either quash it or modify it to make it lawful.","PeriodicalId":147116,"journal":{"name":"Judicial Review of Administration in Europe","volume":"1998 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123550219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Administrative Procedure and Judicial Review in Ukraine 乌克兰的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0015

Halyna Dovhan

{"title":"Administrative Procedure and Judicial Review in Ukraine","authors":"Halyna Dovhan","doi":"10.1093/oso/9780198867609.003.0015","DOIUrl":"https://doi.org/10.1093/oso/9780198867609.003.0015","url":null,"abstract":"This chapter evaluates administrative procedure and judicial review in Ukraine. The Constitution of Ukraine provides that 'Administrative courts function in order to protect the rights, freedoms, and interests of a person in the sphere of public relations'. According to the Code of Administrative Proceedings (CAP), all persons have the right to bring a case before the administrative court if they consider that their rights, freedoms, or legal interests have been infringed by the decision, action, or inaction of the empowered authority. While the Constitution states that the jurisdiction of courts covers any legal dispute, the CAP entrusts administrative courts with jurisdiction over all public-law disputes. Absent a law on administrative procedure or administrative acts, in such cases the courts use the provisions of the special law that regulates the concrete sphere. They examine the administrative act or measure from the viewpoint of its conformity with the criteria set forth in the CAP. If the court finds that there has been a breach of fundamental standards of administrative propriety and fairness, it is entitled to quash the contested act or measure and also to award damages.","PeriodicalId":147116,"journal":{"name":"Judicial Review of Administration in Europe","volume":"1017 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116457746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Administrative Procedure and Judicial Review in Germany 德国的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0008

Lilly Weidemann

引用次数: 0

Administrative Procedure and Judicial Review in Italy 意大利的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0010

D. Galetta, P. Provenzano

引用次数: 0

Administrative Procedure and Judicial Review: A ‘Common Core’ Research 行政程序与司法审查:“共同核心”研究

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0001

G. D. Cananea, M. Andenas

引用次数: 0

The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration 欧洲行政法的共同核心与泛欧善政一般原则

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0002

Ulrich Stelkens

{"title":"The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration","authors":"Ulrich Stelkens","doi":"10.1093/oso/9780198867609.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198867609.003.0002","url":null,"abstract":"This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.","PeriodicalId":147116,"journal":{"name":"Judicial Review of Administration in Europe","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116863095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Administrative Procedure and Judicial Review in France 法国的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0007

De Costa

引用次数: 0

Administrative Procedure and Judicial Review in China 中国的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0005

Xiaowei Sun

{"title":"Administrative Procedure and Judicial Review in China","authors":"Xiaowei Sun","doi":"10.1093/oso/9780198867609.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198867609.003.0005","url":null,"abstract":"This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.","PeriodicalId":147116,"journal":{"name":"Judicial Review of Administration in Europe","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127599193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

EU Countries and the UK 欧盟国家和英国

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0018

M. Andenas

{"title":"EU Countries and the UK","authors":"M. Andenas","doi":"10.1093/oso/9780198867609.003.0018","DOIUrl":"https://doi.org/10.1093/oso/9780198867609.003.0018","url":null,"abstract":"This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.","PeriodicalId":147116,"journal":{"name":"Judicial Review of Administration in Europe","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130858888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Administrative Procedure and Judicial Review in Latin America 拉丁美洲的行政程序与司法审查

Judicial Review of Administration in Europe Pub Date : 2021-08-23 DOI: 10.1093/oso/9780198867609.003.0011

A. Brewer-Carías

{"title":"Administrative Procedure and Judicial Review in Latin America","authors":"A. Brewer-Carías","doi":"10.1093/oso/9780198867609.003.0011","DOIUrl":"https://doi.org/10.1093/oso/9780198867609.003.0011","url":null,"abstract":"This chapter explains administrative procedure and judicial review in Latin America. Judicial review of administrative action has been constitutionalised in many Latin American countries, like Colombia, Costa Rica, Guatemala, Panama, Peru, Uruguay, and Venezuela, and has been the object of special laws regulating the jurisdiction. According to the Constitutions and to the laws regulating the contentious administrative jurisdiction in Latin America, all administrative provisions are subjected to judicial review as it is not possible for any administrative act to escape judicial control. Therefore, the principle applicable is the universal character of the judicial oversight of constitutionality and unlawfulness regarding regulations and administrative acts, which is exercised by the Courts without exception. In almost all Latin American countries, the rules of administrative procedure are regulated through special Administrative Procedure Lasw (APLs), which began to be sanctioned in 1972 (Argentina). In all cases where the courts find that a challenged administrative act infringes the fundamental rights of an individual or corporation, or does not meet the fundamental standards of administrative propriety and fairness, the courts of the contentious administrative jurisdiction in all Latin American countries have the power not only to annul the challenged act but, depending on the nature of the claim filed by the plaintiff, the courts can also award damages for the administrative action.","PeriodicalId":147116,"journal":{"name":"Judicial Review of Administration in Europe","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131180200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0