1st Edition

The Principle of Effective Legal Protection in Administrative Law A European Perspective

Edited By Zoltán Szente, Konrad Lachmayer Copyright 2017
    400 Pages 8 B/W Illustrations
    by Routledge

    416 Pages 8 B/W Illustrations
    by Routledge

    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.

    Introduction - Zoltán Szente and Konrad Lachmayer

    I. Conceptual Basis and International Background

    Chapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative Law

    Zoltán Szente

    Chapter 2: Effective Legal Protection in the European Legal Order

    Christoph Görisch

    Chapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human Rights

    Marten Breuer

    Chapter 4: Effective Legal Protection in International Law

    Stephan Wittich

    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

    Sylvia Calmes-Brunet

    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

    Fulvio Cortese

    Chapter 11: The Principle of Effective Legal Protection in Administrative Law in Lithuania

    Jurgita Paužaitė-Kulvinskienė

    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

    Joanna Lemańska

    Chapter 15: Effective Legal Protection in Administrative Law in Slovenia

    Erik Kerševan

    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

    Felix Uhlmann

    Chapter 18: The Principle of Effective Legal Protection in Administrative Law in the United Kingdom

    Robert Thomas

    III. Comparative Studies

    Chapter 19: The Principle of Effective Legal Protection in International and European Law –Comparative Report

    Konrad Lachmayer

    Chapter 20: The Principle of Effective Legal Protection in Administrative Law – A Comparison

    Zoltán Szente

    Biography

    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.