German administrative procedure in a comparative perspective: Observations on the path to a transnational ius commune proceduralis in administrative law

Pünder, Hermann
October 2013
International Journal of Constitutional Law;Oct2013, Vol. 11 Issue 4, p940
Academic Journal
According to the traditional comparative scholarship, Germany has a tendency to underestimate the importance of the administrative decision-making process while the US takes the procedure more seriously. The first purpose of the study is to question and reassess this conventional juxtaposition by studying the historical development of the German administrative law and practice in comparison with the American administrative history, by comparing administrative rulemaking and adjudication processes, and by looking at the consequences of procedural errors in both jurisdictions. In a second step, the comparative perspective is broadened to other European countries—England and France—and finally to the European Union. Lastly, the study argues that we are witnessing a transnational development of a ius commune proceduralis in administrative law.


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