TITLE

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

AUTHOR(S)
Pünder, Hermann
PUB. DATE
October 2013
SOURCE
International Journal of Constitutional Law;Oct2013, Vol. 11 Issue 4, p940
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
93399323

 

Related Articles

  • Public law and the economy: A comparative view from the German perspective. Ruffert, Matthias // International Journal of Constitutional Law;Oct2013, Vol. 11 Issue 4, p925 

    Since the entry into force of the Grundgesetz (GG), the Federal Republic of Germany’s constitutional law in the economic field oscillates around the idea of Soziale Marktwirtschaft (social market economy), which the GG does not explicitly include but which finds its way into the economic...

  • Comparative reasoning and the making of a common constitutional law: EU-related decisions of national constitutional courts in a transnational perspective. Wendel, Mattias // International Journal of Constitutional Law;Oct2013, Vol. 11 Issue 4, p981 

    This contribution argues that recent EU-related decisions of national constitutional courts demonstrate a new quality of comparative legal reasoning. While classic EU-related case law at best reflects comparative law dimensions by sporadic references to foreign case law, some constitutional...

  • FROM THE EDITOR. DHIR, KRISHNA S. // Decision Line;May2009, Vol. 40 Issue 3, p3 

    The article discusses various reports published within the issue including one by Lisa T. Stickney on how the process of decision making and its result are influenced by emotions and another by James Beckman on the opportunities offered by academe in the European Union.

  • The Politics of Decision Making in the Council of the EU: Explaining Consensus. Sabet, Navid // Politikon;Mar2015, Vol. 26, p119 

    This paper examines the decision making of the Council of the European Union to gain insight into how consensus decisions emerge and how they change power allocations and influence the behavior of negotiators and voting blocs. It surveys rationalist and non-rationalist accounts of consensus...

  • Appendix 5: Evolution of votes in EU decision-making institutions.  // Europe: A Concise Encyclopedia;2004, p245 

    A chart related to the history of votes for European Union (EU) decision-making institutions, that relate to articles that appeared in the November 2004 issue of "Europe: A Concise Encyclopedia of the European Union" is presented.

  • EU delays Bulgaria, Romania passport-free decision.  // Regional Today;03/08/2013, p3 

    The article reports that the European Union (EU) postponed making a decision on plans by Bulgaria and Romania to join the Schengen passport-free zone in Europe as of March 2013.

  • THE LISBON TREATY- LINK BETWEEN PARTICIPATIVE DEMOCRACY AND ADMINISTRATIVE MODERNIZATION. Mihaela, Onofrei; Irina, Bosie // Annals of the University of Oradea, Economic Science Series;2010, Vol. 19 Issue 2, p147 

    This paperwork examines briefly, the implications it carries on the Lisbon Treaty, the organizational, institutional and decision-making level in the current context of the European Union, included in the reform process. It is important to mention that the European Union's desire is to assign a...

  • THE REFORM OF THE ADMINISTRATIVE JURISDICTION IN AUSTRIA - THEORETICAL BACKGROUND AND MAIN FEATURES OF THE SYSTEM. Köhler, Martin // Public Security & Public Order / Visuomenes Saugumas ir Viesoji ;Oct2015, Issue 14, p31 

    The Austrian Administrative Jurisdiction has undergone a decisive change by the "Verwaltungsgerichtsbarkeits-Novelle 2012", BGBl. I 2012/51 (Amendment to the Federal Constitutional Law concerning the Administrative Jurisdiction). There was established a system of two instances of Administrative...

  • Constitutional review of member state action: The virtues and vices of an incomplete jurisdiction. Tridimas, Takis // International Journal of Constitutional Law;Oct2011, Vol. 9 Issue 3/4, p737 

    In providing preliminary rulings on the interpretation of EU law, the European Court of Justice carries out essentially review of constitutionality of Member State action. The ECJ enjoys discretion in determining the specificity of its ruling. It may give an answer so specific that it leaves the...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics