This 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 a valuable contribution to the debate around convergence and divergence in European national administrative systems.
Table of Contents
Introduction - Zoltán Szente and Konrad Lachmayer
I. Conceptual Basis and International Background
Chapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative Law
Chapter 2: Effective Legal Protection in the European Legal Order
Chapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human Rights
Chapter 4: Effective Legal Protection in International Law
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
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
Chapter 11: The Principle of Effective Legal Protection in Administrative Law in Lithuania
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
Chapter 15: Effective Legal Protection in Administrative Law in Slovenia
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
Chapter 18: The Principle of Effective Legal Protection in Administrative Law in the United Kingdom
III. Comparative Studies
Chapter 19: The Principle of Effective Legal Protection in International and European Law –Comparative Report
Chapter 20: The Principle of Effective Legal Protection in Administrative Law – A Comparison
Zoltán Szente is a professor of law and the Head of the Institute for Public Law at the National University of Public Service, and holds a Research Chair at the Institute for Legal Studies of the Hungarian Academy of Sciences, Budapest.
Konrad Lachmayer holds a research chair at the Institute of Legal Studies, Centre for Social Sciences at the Hungarian Academy of Sciences. He is research fellow at Durham Law School and independent researcher in Vienna.
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.