European Union law and administrative law

Author(s):  
Peter Leyland ◽  
Gordon Anthony
Author(s):  
Inga Bērtaite-Pudāne ◽  

Standing before court is one of the preconditions for admissibility of application, which is to be evaluated by a judge in every administrative case. The article proposes to look at this aspect of the national procedural law on a broader scale. Firstly, the article provides an insight as to how two fundamental models of standing vested by the administrative law have developed in the law of continental Europe – interest-based, which is embodied by France, and rights-based, which is embodied by Germany, and how they have influenced development of the standing in other countries. Secondly, the article explores an interaction between the national law of standing and the European Union law, focusing on the effect of the principle of effective judicial protection in respect of standing of individuals before the national courts.


2020 ◽  
Vol 5 (1) ◽  
pp. 48-61
Author(s):  
Radomír Jakab

The membership of Central and Eastern European countries in the European Union has influenced the development of almost all branches of law, including administrative law. The paper analyses the influence of European Union law on the fundamental object of interest of administrative law within new member states – on public administration and its laws. In this context, the influence on laws governing the organisation of public administration, laws governing the activities and tasks of public administration as well as laws governing processes in public administration will be assessed.


Author(s):  
Herwig C H Hofmann ◽  
Gerard C Rowe ◽  
Alexander H Türk

Any attempt to survey the sectoral administrative law of the European Union begs a number of fundamental questions. First, how do we understand ‘administrative law’, especially in relation to a supranational structure and system, such as that of the Union? Secondly, what exactly might we understand by ‘sectoral’ or ‘specialized’ administrative law, again especially in the context of the EU? Thirdly, just what is the difference between European Union law as such, and its administrative law. These distinctions, and the definitions attempted, are not addressed here just as scholarly abstractions. We take the view that understanding them and differentiating between these terms will make clear from the outset what this book attempts to cover, especially with respect to the concepts of both general EU administrative law and specialized EU administrative law employed here (which may or may not be similar to conceptualizations found in national contexts where these terms are employed).


2021 ◽  
Vol 28 (1) ◽  
pp. 175-190
Author(s):  
Nicolás Zambrana-Tévar

AbstractThe case of the illicit export of a Picasso painting by its owner and its confiscation and recovery by French and Spanish authorities provides an interesting example of the complexities of the transnational criminal, civil, and administrative law protection of national cultural heritage and of the ongoing efforts to achieve useful legal instruments at the European level, which foster and harmonize the current and often informal mechanisms of cooperation and judicial assistance among the different domestic enforcing agencies. It also attempts to show how Spanish authorities have made a legitimate, but possibly overreaching, use of existing European Union law in order to recover and appropriate a valuable work of art.


Author(s):  
Damian Chalmers ◽  
Gareth Davies ◽  
Giorgio Monti

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