Review of European Administrative Law最新文献_第6页

The Principle of Legality and Administrative Punishment under the ECHR: A Fused Protection 《欧洲人权公约》的法定原则与行政处罚:一种融合的保护

Review of European Administrative Law Pub Date : 2021-01-21 DOI: 10.7590/187479820X16098444161668

Agno Andrijauskaito

{"title":"The Principle of Legality and Administrative Punishment under the ECHR: A Fused Protection","authors":"Agno Andrijauskaito","doi":"10.7590/187479820X16098444161668","DOIUrl":"https://doi.org/10.7590/187479820X16098444161668","url":null,"abstract":"The principle of legality permeates the entire legal system based on the rule of law. It is especially well-pronounced in criminal law. However, what are its content, scope and implications when it comes to prescribing and punishing for offences which are supposedly less reprehensible,\u0000 namely – administrative offences? How precisely should they or the sanctions that they stipulate be defined in legal provisions? Furthermore, is there any room for interpretation while imposing sanctions by public bodies? This article seeks to delve into these vexed questions by examining\u0000 the relationship between the principle of legality and administrative punishment within the framework of the Council of Europe ('CoE') and the implications stemming therefrom. This will be done by dissecting the rationale and notion of this principle in the normative sources of the CoE with\u0000 a special emphasis on Article 7 of the European Convention on Human Rights and its (autonomous) application in the case law of the European Court of Human Rights as well as by identifying the shortcomings of the current perception of the legality principle in the context of administrative\u0000 punishment.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126589546","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

Article 51 of the EU Charter of Fundamental Rights from the Perspective of the National Judge 从国家法官的视角看欧盟基本权利宪章第51条

Review of European Administrative Law Pub Date : 2021-01-21 DOI: 10.7590/187479820X16098444161677

P. Mádr

引用次数: 0

The Reasonable Balancing of Rights and Interests at the Time of Pandemic 大流行时期的合理权益平衡

Review of European Administrative Law Pub Date : 2021-01-21 DOI: 10.7590/187479820X16098444161695

Francesco Scalia

{"title":"The Reasonable Balancing of Rights and Interests at the Time of Pandemic","authors":"Francesco Scalia","doi":"10.7590/187479820X16098444161695","DOIUrl":"https://doi.org/10.7590/187479820X16098444161695","url":null,"abstract":"This essay starts with the consideration that the precautionary measures adopted by the Italian legislator and the public administration to deal with the pandemic emergency, while highly restrictive of constitutional freedoms, were commonly deemed reasonable and proportionate. It then\u0000 continues with some recent rulings of the Italian Constitutional Court. The analysis aims to show that the balance of rights implemented by the legislator and judged by the Court is affected by the state of emergency: the state of emergency makes reasonable what, in ordinary conditions, would\u0000 have been absolutely disproportionate. Proportionality, in fact – which is necessarily inherent to precautionary approach – finds a different balance point according to the context in which the precautionary measures are adopted. In 2006, Italy adopted its pandemic plan, which\u0000 was never updated as was required in accordance with the WHO guidelines formulated in 2017 and 2018. Nevertheless, the essay points out that the precautionary principle must not only shape the answer to the state of emergency, but also affect its planning and prevention. Moreover, the findings\u0000 show there was no lack of emergency forecasts or of measures suitable for the pandemic purpose, and that Italy had failed to implement these measures. Therefore, in the long term, the measures adopted by the Italian legislature and the public administration have turned out to be completely\u0000 unreasonable.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130279516","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 Principle of Mutual Recognition in European Administrative Law: Still Alive and Kicking? 欧洲行政法中的互认原则:还活着吗?

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16009285510467

Stefano Dorigo, M. Eliantonio, R. Lanceiro

引用次数: 0

Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination 在社会保障协调中精诚合作、互信互认

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16007576818834

Henrik Wenander

{"title":"Sincere Cooperation, Mutual Trust, and Mutual Recognition in Social Security Coordination","authors":"Henrik Wenander","doi":"10.7590/187479820x16007576818834","DOIUrl":"https://doi.org/10.7590/187479820x16007576818834","url":null,"abstract":"This article looks into the meaning of the concepts of sincere cooperation, mutual trust, and mutual recognition in EU social security coordination. It analyses the legislative choice of coordination as the main regulatory mechanism in the field, and examines the role of administrative\u0000 cooperation. Furthermore, the article highlights the challenges that arise in situations where mutual recognition is required under the Regulations, as in connection with portable documents relating to the posting of workers. It also considers the limits to mutual trust via the principle of\u0000 prohibition of fraud and abuse of rights established in the case law of the CJEU on free movement. In the last few years, this principle has been extended into the field of social security law, notably in Altun. In this way, the coordination regime does not require totally blind trust: rather,\u0000 it balances the Member States' interests of maintaining the integrity of their social security systems with the Union interest of simplifying free movement. As in other fields of EU law relating to free movement, the mutual trust between the Member States in social security coordination may\u0000 therefore be set aside in extraordinary cases.","PeriodicalId":294114,"journal":{"name":"Review of European Administrative Law","volume":"390 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115609556","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

Legal Standing in Annulment Actions for the Withdrawal of the Banking License 银行营业执照撤销诉讼的法律地位

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16007576818898

Mārtiņš Rudzītis

引用次数: 0

Mutual Recognition of Driving Licences in the EU – Current State of Integration and Perspectives 欧盟驾照互认——一体化现状与展望

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16007576818780

M. Schröder

引用次数: 0

Mutual Recognition versus Transnational Administration in Tax Law: Is Fiscal Sovereignty Still Alive? 税法上的互认与跨国管理:财政主权还活着吗?

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16007576818861

Stefano Dorigo

引用次数: 0

Mutual Recognition and the Ever-incomplete Internal Market for Pharmaceuticals 相互承认与不完善的药品内部市场

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820x16007576818799

S. Röttger-Wirtz

引用次数: 0

Mutual Recognition, Pre-emption and De-centralisation in the Common Agricultural Policy 共同农业政策中的互认、优先和去中心化

Review of European Administrative Law Pub Date : 2020-10-15 DOI: 10.7590/187479820X16007576818870

Annalisa Volpato

引用次数: 0