Review of European Administrative Law最新文献_第4页

The Control of Administrative Inaction in the Context of the COVID-19 Health Emergency in France: an Inadequate Response from the Interim Relief Judge? 法国新冠肺炎突发卫生事件背景下的行政不作为控制:临时救济法官的不充分回应?

Review of European Administrative Law Pub Date : 2021-11-02 DOI: 10.7590/187479821x16341122033269

Emilie Chevalier

{"title":"The Control of Administrative Inaction in the Context of the COVID-19 Health Emergency in France: an Inadequate Response from the Interim Relief Judge?","authors":"Emilie Chevalier","doi":"10.7590/187479821x16341122033269","DOIUrl":"https://doi.org/10.7590/187479821x16341122033269","url":null,"abstract":"Interim remedies before administrative courts are an essential tool for the protection of individuals' fundamental rights in the French legal system. The months of Covid-19 health crisis have given the French administrative courts the opportunity to develop their role when using the\u0000 so-called 'fundamental rights interim remedy'. In this context, the use of the power of injunction in the context of the fundamental rights interim remedy is not limited to a purely technical dimension. It takes place in a political context and reflects the capacity of the administrative courts,\u0000 and especially of the Council of State, to play the role of a counter-power vis-à-vis the executive power. This article examines the decisions of the Council of State adopted since 16 March 2020, following fundamental rights interim remedies whose purpose was to request an injunction.\u0000 It analyses how the fundamental rights interim remedy can be a means of remedying administrative inaction and, on the basis of the analysis of the cases where the requests for interim injunctions have been rejected, it draws lessons on the role of the French administrative courts in the context\u0000 of the health crisis.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125791922","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

The Use of Algorithms within Administrative Procedures: National Experiences compared through the Lens of European Law 行政程序中算法的使用:从欧洲法的角度比较各国的经验

Review of European Administrative Law Pub Date : 2021-07-23 DOI: 10.7590/187479821x16254887670900

Matteo Pressi

引用次数: 0

Judicial Annulment of National Preparatory Acts and the Effects on Final Union Administrative Decisions: Comments on the Judgment of 29 January 2020, Case C-785/18 Jeanningros, EU:C:2020:46 国家预备法案的司法废止及其对欧盟最终行政决定的影响:对2020年1月29日判决的评论，案例C-785/18 Jeanningros, EU:C:2020:46

Review of European Administrative Law Pub Date : 2021-07-23 DOI: 10.7590/187479821x16254887670928

F. B. Bastos

引用次数: 0

A Digital Cross-border Interest in the Framework of Public Procurement Legislation: The Game Changer 公共采购立法框架下的数字跨境利益:游戏规则改变者

Review of European Administrative Law Pub Date : 2021-07-23 DOI: 10.7590/187479821x16254887670883

Delia Lucía Martínez Lorenzo

引用次数: 0

Mutual (Dis-)trust in the Area of Freedom, Security and Justice? 在自由、安全和正义领域的相互(不信任)?

Review of European Administrative Law Pub Date : 2021-07-23 DOI: 10.7590/187479821x16254887670865

Kathrin Hamenstädt

引用次数: 0

A Procedural Idea of Environmental Democracy: the 'Débat Public' Paradigm within the EU Framework 环境民主的程序化理念:欧盟框架下的“dsambat Public”范式

Review of European Administrative Law Pub Date : 2021-07-23 DOI: 10.7590/187479821x16254887670919

Alberto Nicòtina

{"title":"A Procedural Idea of Environmental Democracy: the 'Débat Public' Paradigm within the EU Framework","authors":"Alberto Nicòtina","doi":"10.7590/187479821x16254887670919","DOIUrl":"https://doi.org/10.7590/187479821x16254887670919","url":null,"abstract":"The aim of this paper is to analyse the 'débat public' procedure, which finds its roots in the Canadian legal system and its most defined formulation in France, and which more recently has been circulating to Italy – first at the regional level and, since 2016, at the national\u0000 level. The first part of the paper will thus be devoted to a historical overview of the débat public and to how it is implemented in each of the two legal systems. The second part will subsequently distil the 'paradigm', i. e. those distinctive traits that make the débat public\u0000 an autonomous research subject, within the multi-layered legislative framework of environmental governance in Europe. Three main features of the paradigm will be pointed out (Participation, Effectiveness, Authority), thus highlighting how it can respond to the needs in light of which it has\u0000 been designed, namely dealing with proximity conflicts and providing a forum for the construction of shared rational decisions in environmental decision-making. The paper eventually leads to the conclusion that the débat public, with its codified rules and procedures, represents the\u0000 first and probably the most noticeable attempt towards the institutionalisation and generalisation of deliberative practices in environmental decision-making, thus towards developing a procedural stance in environmental democracy.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123871936","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: 1

The Decisional Value of Information in European Semi-automated Decision-making 欧洲半自动化决策中信息的决策价值

Review of European Administrative Law Pub Date : 2021-07-01 DOI: 10.7590/187479821X16254887670874

Simona Demková

引用次数: 1

Resistance to Transplants in the European Administrative Space: An Open-Ended Reading of Legal Changes 欧洲行政空间对移植物的抵制:法律变迁的开放式解读

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548718

Yseult Marique, Emmanuel Slautsky

引用次数: 0

Proportionality in English Administrative Law: Resistance and Strategy in Relational Dynamics 英国行政法中的比例性:关系动力学中的阻力与策略

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548736

Yseult Marique, S. Boyron

{"title":"Proportionality in English Administrative Law: Resistance and Strategy in Relational Dynamics","authors":"Yseult Marique, S. Boyron","doi":"10.7590/187479821X16190058548736","DOIUrl":"https://doi.org/10.7590/187479821X16190058548736","url":null,"abstract":"Proportionality is at the centre of heated debates in English administrative law. It has been adopted for matters pertaining to European law and the European Convention on Human Rights, but its use in other areas parts of English administrative law is highly contentious. While some\u0000 arguments in favour or against applying proportionality in England are similar to those exchanged in relation to other legal systems (such as tensions between increased objectivity in judicial control over administrative action vs. the desirability of more limited control), other arguments\u0000 are more specific to English administrative law. To understand the challenges encountered by proportionality in English administrative law, this paper adopts a contextual analysis, putting the emphasis on the relational dynamics framing the interactions between the main actors involved in\u0000 the proportionality test. Paradoxically, this perspective rehabilitates the analysis of the legal techniques behind transplants such as proportionality: indeed, transplants are vehicles for legal changes in ways that go beyond the circulation of ideas across the world. Instead of being merely\u0000 superficial and rhetorical, transplants engage deeply with the whole gamut of institutions and actors in a legal system, calling on them to rearticulate their implied and explicit relationships.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125268344","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

Judicial Protection and Competitive Award Procedures in Germany 德国的司法保护和竞争性裁决程序

Review of European Administrative Law Pub Date : 2021-05-14 DOI: 10.7590/187479821X16190058548763

Ulrich Stelkens

{"title":"Judicial Protection and Competitive Award Procedures in Germany","authors":"Ulrich Stelkens","doi":"10.7590/187479821X16190058548763","DOIUrl":"https://doi.org/10.7590/187479821X16190058548763","url":null,"abstract":"The history of German public procurement law is a history of attempts by the German legislator to implement the EU public procurement directives on judicial protection, namely Directive 89/665/EEC of 21 December 1989, as minimally as possible. Paradoxically, the history of German procurement\u0000 law is also the history of an increased spreading of the model of judicial review in 'competitive award procedures' underlying Directive 89/665/EEC to other administrative procedures. Here, one can discern mutual fertilization of the discussions on the minimal standards for judicial protection\u0000 foreseen in Directive 89/665/EEC, as well as a parallel discussion on minimal standards (directly derived from the German constitution) for judicial review in competitive award procedures concerning the recruitment of public officials. On this basis, one may discern trends in German case law,\u0000 administrative practice, and scholarship towards developing judicial review systems in competitive award procedures for public procurement beyond the thresholds set by the EU directives. This is relevant for privatizations, gambling licences, and procedures to grant the right to use public\u0000 spaces, to name only a few. However, these trends encounter difficulties because the German General Administrative Court Procedure Act and other relevant legislation are not tailored to competitive award procedures. This article will analyse these different trends and suggest explanations\u0000 for them.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134360751","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