Administrative law 89 results

89 results

  1. National Constitutional Identity and European Integration

    National Constitutional Identity and European Integration

    Book | 1st edition 2013 | Europe | Alejandro Saiz Arnaiz, Carina Alcoberro Llivina
    ‘National constitutional identity’ has become the new ‘buzz word’ in European constitutionalism over the past few years. Much has been written about the concept. This collection brings together a series of contributions from the perspective of both scholars and judges in order to shed some light over the dark corners of constitutional identity. To this end a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts.
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  2. Compensating Ecological Damage

    Compensating Ecological Damage

    Comparative and Economic Observations
    Book | 1st edition 2013 | United Kingdom | Jing Liu
    This book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms, to both prevent and compensate for ecological damage.
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  3. EU Law and the Development of a Sustainable, Competitive and Secure Energy Policy

    EU Law and the Development of a Sustainable, Competitive and Secure Energy Policy

    Opportunities and Shortcomings
    Book | 1st edition 2013 | Europe | Bram Delvaux
    The energy and climate change challenge is one of the greatest tests which the EU and its Member States are facing. The need to deliver the triple objectives of the EU’s energy policy, namely a competitive, secure and sustainable energy supply, is stronger than ever. This book analyses whether the current EU regulatory framework for energy law and policy suffices to address the triple objectives of the EU’s energy policy, or by contrast, whether changes to that framework are needed.
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  4. The Constitutional Relevance of the ECHR in Domestic and European Law

    The Constitutional Relevance of the ECHR in Domestic and European Law

    An Italian Perspective
    Book | 1st edition 2013 | United Kingdom | Giorgio Repetto
    In recent years the European Convention on Human Rights gained unexpected relevance in the European constitutional culture. On the one hand its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights’ reputation vis-à-vis the Member States. On the other hand, and even more importantly, the ECHR’s significance arises from a changing perception of its constitutional potential. This volume examines the different facets of the ECHR’s constitutional relevance by separating the ECHR’s role as a ‘factor of Europeanisation’ for national constitutional systems from its role as a veritable European transnational constitution in the field of human rights.
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  5. Law and Security in Europe: Reconsidering the Security Constitution

    Law and Security in Europe: Reconsidering the Security Constitution

    Book | 1st edition 2013 | Europe | Massimo Fichera, Jens Kremer
    In this book, the authors analyse the ambiguity of the notion of security and its tendency to expand and affect simultaneously different fields of law. More specifically, they address the militarisation of the fight against terrorism, the distinction between administrative and penal sanctions, the limits of intelligence activities and the scope of criminalisation.
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  6. The Role of Constitutional Courts in Multilevel Governance

    The Role of Constitutional Courts in Multilevel Governance

    Book | 1st edition 2012 | United Kingdom | Patricia Popelier, Armen Mazmanyan, Werner Vandenbruwaene
    Constitutional review has not only expanded geographically; it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance.
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  7. Enforcing Health and Safety Regulation

    Enforcing Health and Safety Regulation

    A Comparative Economic Approach
    Book | 1st edition 2012 | Europe | Laura Tilindyté
    This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement..
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  8. The Human Right to Equal Access to Health Care

    The Human Right to Equal Access to Health Care

    Book | 1st edition 2012 | United Kingdom | Maite San Giorgi
    The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. This book analyses the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distils the elements that can be expected to play a role in the assessment of such cases.
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  9. Medical Negligence Law in Transitional China

    Medical Negligence Law in Transitional China

    Book | 1st edition 2012 | United Kingdom | Ding Chunyan
    This is the first book in English on medical negligence law in China. Relying on the methodologies of statutory interpretation, case study, and socio-legal analysis, it systematically investigates and comprehensively analyses four major problems in Chinese medical negligence law that result in widespread unfairness and uncertainty.
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  10. The European Court of Justice and the Autonomy of the Member States

    The European Court of Justice and the Autonomy of the Member States

    Book | 1st edition 2012 | Europe | Hans-Wolfgang Micklitz, Bruno de Witte
    Recently the ECJ has been criticized by leading politicians, national judges and legal academics for unduly extending the scope of EU law and overstepping its own jurisdiction, to the detriment of the reserved competences or (more broadly) the political autonomy of the member states. This volume seeks to address this question from a scholarly perspective, by collecting and confronting the views of leading specialists of EU law examining the ECJ’s recent role.
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  11. EU Energy Law and Policy Issues

    EU Energy Law and Policy Issues

    Volume 3
    Book | 1st edition 2011 | Europe | Bram Delvaux, Michaël Hunt, Kim Talus
    This third volume of EU Energy Law and Policy Issues presents an overview of some of the most recent developments taking place in the EU energy sector at a time when the Third Energy Package is likely to be or has been implemented in the EU Member States. In this respect, the reader will find a number of contributions which offer detailed and critical views on some of the main issues tackled by the Third Energy Package
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  12. Law and Economics in the RIA World

    Law and Economics in the RIA World

    Improving the use of economic analysis in public policy and legislation
    Book | 1st edition 2011 | Europe | Andrea Renda
    The use of economics in public policy, in the form of ex ante Regulatory Impact Analysis (RIA), is strongly advocated by international organizations such as the OECD and the World Bank. In the US and the EU, hundreds of RIAs are produced every year to justify public intervention in the form of regulation. But reality shows that in many other countries the adoption and implementation of this tool has been patchy at best.
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  13. Constitutional Constraints on Ad Hoc Legislation

    Constitutional Constraints on Ad Hoc Legislation

    A Comparative Study of the United States, Germany and the Netherlands
    Book | 1st edition 2011 | United Kingdom | Anna Jasiak
    Legislatures sometimes adopt laws that create a special legal regime for a particular case rather than general rules for an indefinite number of situations or persons. These ad hoc laws are controversial. The purpose of this first in-depth comparative study in the fields of constitutional law and legislative studies is to clarify the use and existence of ad hoc laws and to place them within a constitutional framework of the rule of law. It is a comparative study of the United States, Germany and the Netherlands.
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  14. The Costanzo Obligation

    The Costanzo Obligation

    The obligations of national administrative authorities in the case of incompatibility between national law and European law
    Book | 1st edition 2011 | Europe | Maartje Verhoeven
    National administrative authorities are obliged to leave provisions of national law unapplied when these are incompatible with EU law. Irrespective of their position and powers under national law, national administrative authorities are supposed to comply with this so-called ‘Costanzo obligation’ as established by the Court of Justice. This raises questions of both European Union law and national constitutional law, particularly with regard to the principle of legality.
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  15. The European Composite Administration

    The European Composite Administration

    Book | 1st edition 2011 | Europe | Oswald Jansen, Bettina Schöndorf-Haubold

    This volume focuses on the concept of European Composite Administration (Europäischer Verwaltungsverbund). As Eberhard Schmidt-Aßmann explains in his contribution Verbund expresses a systematic notion which creates the necessary entity through interlinking with each other the two organisational principles – the principle of cooperation and the principle of hierarchy. This concept of Verbund also implies the notions of sovereignty, respect and the ability to undertake joint administrative action in the European Union. This German concept “Europäischer Verwaltungsverbund” is translated as European Composite Administration.

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  16. Conflict of Laws and Laws of Conflict in Europe and Beyond

    Conflict of Laws and Laws of Conflict in Europe and Beyond

    Patterns of Supranational and Transnational Juridification
    Book | 1st edition 2010 | World | Rainer Nickel
    This book seeks to find new ways for a democratisation of European and transnational governance outside traditional models, and more convincing ways of a European and transnational ‘juridification’ that reconciles democracy, diversity, and social rights.
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  17. Financial Supervision in a Comparative Perspective

    Financial Supervision in a Comparative Perspective

    Book | 1st edition 2010 | Europe | Margherita Poto
    This book provides an overview of the role of the independent administrative authorities assigned to the oversight of financial markets, by outlining both the historic and economic background, the warp and the weft of the European system, and where these authorities have emerged and now operate.
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