Law | Open Access Articles | Digital Commons Network™

Judicial Review Of European Administrative Procedure, Jurgen Schwarze Dec 2004

Judicial Review Of European Administrative Procedure, Jurgen Schwarze

Law and Contemporary Problems

Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.

Go to article

The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez Dec 2004

The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez

Law and Contemporary Problems

Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.

Go to article

European Principles Governing National Administrative Proceedings, Claudio Franchini Dec 2004

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.

Go to article

Administrative Proceedings Involving European Agencies, Edoardo Chiti Dec 2004

Administrative Proceedings Involving European Agencies, Edoardo Chiti

Law and Contemporary Problems

Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.

Go to article

Forms Of European Administrative Action, Mario P. Chiti Dec 2004

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.

Go to article

The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea Dec 2004

The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea

Law and Contemporary Problems

Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.

Go to article

Judicial Discretion In Dispensing With The Service Of Process Requirement In Hong Kong Under Order 45, Rule 7(7), Simon Teng Jan 2004