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Indirect Judicial Review in Administrative Law
This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.
Intonation Systems
The volume introduces a system for the multilingual transcription of intonation patterns, and the chapters are organized with the same general outline to highlight the differences between languages. The emphasis is on description and comparison, rather than on theory.
Public Administration in Europe
This book considers the ways in which public administration (PA) has been studied in Europe over the last forty years, and examines in particular the contribution of EGPA, the European Group for Public Administration, both to the growth of a truly pan-European PA, and to the future of PA in Europe. The book provides a lively reflection on the state of the art of PA both over the past forty years and over the next forty years. It reflects on the consolidation and institutionalisation of EGPA as the European community for the study of PA in Europe, and demonstrates the need for such a regional group for PA in Europe, as well as for regional groups for the study of PA in other parts of the world. The book also demonstrates the functional, cultural and institutional reasons that underpin the significance of a regional group for researching and studying PA at an ‘intermediate level of governance’ between the national and the global levels. The book provides rich insights about the state of the art of PA in Europe from the leading public administration scholars.
Transparency and Secrecy in European Democracies
This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.
The Oxford Handbook of Administrative Justice
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, publ...
Constitutionalizing Transitional Justice
This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies...
The Laws of Transparency in Action
This book examines the issue of free access to information as part of the openness and transparency principles. The free access to public information has become one of the most hotly contested aspects of contemporary government and public administration. Many countries in Europe have well-established Freedom of Information laws (FOIAs), while others have adopted them more recently. The problems that occur in the implementation of FOIAs are different due to the legal and institutional context; nevertheless, patterns of best practices and malfunctioning are comparable. The book analyses in comparative and empirical perspective the respective main challenges. Whilst the existing literature focusses on the legal provisions, this book offers practical insights through 13 national profiles and the EU level, on how effective the legal provisions of FOIAs really prove to be.
The Sound of Silence in European Administrative Law
This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.
Death of Camus
In 1960 a mysterious car crash killed Albert Camus and his publisher Michel Gallimard, who was behind the wheel. Based on meticulous research, Giovanni Catelli builds a compelling case that the 46-year-old French Algerian Nobel laureate was the victim of premeditated murder: he was silenced by the KGB. The Russians had a motive: Camus had campaigned tirelessly against the Soviet crushing of the 1956 Hungarian Revolution, and vociferously supported the awarding of the Nobel Prize to the dissident novelist Boris Pasternak, which enraged Moscow. Sixty years after Camus' death, Catelli takes us back to a murky period in the Cold War. He probes the relationship between Camus and Pasternak, the fraught publication of Doctor Zhivago, the penetration of France by Soviet spies, and the high price paid by those throughout Europe who resisted the USSR.
Cultures of Transparency
This volume addresses the major questions surrounding a concept that has become ubiquitous in the media and in civil society as well as in political and economic discourses in recent years, and which is demanded with increasing frequency: transparency. How can society deal with increasing and often diverging demands and expectations of transparency? What role can different political and civil society actors play in processes of producing, or preventing, transparency? Where are the limits of transparency and how are these boundaries negotiated? What is the relationship of transparency to processes of social change, as well as systems of social surveillance and control? Engaging with transparency as an interrelated product of law, politics, economics and culture, this interdisciplinary volume explores the ambiguities and contradictions, as well as the social and political dilemmas, that the age of transparency has unleashed. As such it will appeal to researchers across the social sciences and humanities with interests in politics, history, sociology, civil society, citizenship, public policy, criminology and law.
