Description
Book SynopsisThis collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes
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The efficacy of legal protections for rights is a live issue across Europe, within individual jurisdictions and pan-European legal structures. Szente and Lachmayer have compiled a collection that provides a detailed account of effective legal protection as delivered by national administrative laws. The book provides a jurisdictionally wide-ranging resource for comparative administrative lawyers, and a fascinating counterpart to studies of procedural justice at the European level.
Professor Roger Masterman, LLB, LLM, AKC, Professor of Law and Head of School, Durham Law School, Durham University.
Table of ContentsIntroduction - Zoltán Szente and Konrad Lachmayer
I. Conceptual Basis and International Background
Chapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative Law
Zoltán Szente
Chapter 2: Effective Legal Protection in the European Legal Order
Christoph Görisch
Chapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human Rights
Marten Breuer
Chapter 4: Effective Legal Protection in International Law
Stephan Wittich
II. The Principle of Effective Legal Protection in National Administrative Jurisdictions
Chapter 5: The Principle of Effective Legal Protection in Austrian Administrative Law
Ulrike Giera, Konrad Lachmayer
Chapter 6: The Principle of Effective Legal Protection in Danish Administrative Law
Søren Højgaard Mørup
Chapter 7: The Effective Legal Protection in French Administrative Law
Sylvia Calmes-Brunet
Chapter 8: The Principle of Effective Legal Protection in German Administrative Law
Diana Princess of Hohenlohe-Oehringen
Chapter 9: The Principle of Effective Legal Protection in Hungarian administrative law
Fruzsina Gárdos-Orosz and István Temesi
Chapter 10: The Principle of Effective Legal Protection in Italian Administrative Law
Fulvio Cortese
Chapter 11: The Principle of Effective Legal Protection in Administrative Law in Lithuania
Jurgita Paužaitė-Kulvinskienė
Chapter 12: Dilemmas and Challenges of Legal Protection against Administrative Actions in the Republic Macedonia
Gordana Siljanovska-Davkova and Renata Treneska-Deskoska
Chapter 13: The principle of effective legal protection in administrative law: the Netherlands
Karianne Albers, Lise Kjellevold and Raymond Schlössels
Chapter 14: The Principle of Effective Legal Protection in Polish Administrative Law
Joanna Lemańska
Chapter 15: Effective Legal Protection in Administrative Law in Slovenia
Erik Kerševan
Chapter 16: The Principle of Effective Legal Protection in Spanish Administrative Law
Angel Manuel Moreno
Chapter 17: The Principle of Effective Legal Protection in the Swiss Administrative Law
Felix Uhlmann
Chapter 18: The Principle of Effective Legal Protection in Administrative Law in the United Kingdom
Robert Thomas
III. Comparative Studies
Chapter 19: The Principle of Effective Legal Protection in International and European Law –Comparative Report
Konrad Lachmayer
Chapter 20: The Principle of Effective Legal Protection in Administrative Law – A Comparison
Zoltán Szente
