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Principles of Administrative Procedure in EC Law

Autor Hanns Peter Nehl
en Limba Engleză Hardback – 31 dec 1998
This book presents an analysis of the recent development of administrative procedures in EC law. It is a pathbreaking study of what might be termed the "constitutionalising norms" now emerging,including a range of 'process rights' and procedural standards, such as the right to access to information, the right to be heard, the principle of care and duty to state reasons. These new standards are increasingly applied in areas as diverse as competition, State aids, customs matters, anti-dumping and the European Social Fund. Different strands of case-law of the EC courts are thus connected to document the overall evolution of procedural rules peculiar to the EC administrative system as a whole. The author adopts a critical stance, in particular, towards the case-law of the Court of First Instance and points out the increasing pressure being brought to bear on the European Commission in respect of its procedural requirements. Particular emphasis is placed on the concept of 'care', i.e. the duty to collect and examine the factual and legal points of individual cases impartially and carefully. The book reveals both the theoretical and practical relevance of this principle as a means of both procedural and substantive review and the reasons why it is likely to be misinterpreted by the courts.
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Specificații

ISBN-13: 9781841130088
ISBN-10: 1841130087
Pagini: 256
Dimensiuni: 156 x 234 x 20 mm
Greutate: 0.49 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book analyses the recent development of administrative procedures in EC law. It is a study of the emerging "constitutionalising norms", including 'process rights' and procedural standards, now applied in a diverse range of areas.

Notă biografică

Hans Peter Nehl is Research Fellow at the Europa-Kolleg Hamburg and at the University of Hamburg.

Cuprins

PART A INTRODUCTIONPART B PROCEDURAL "GOOD ADMINISTRATION" IN EC LAWPART C EXPANSION: ACCESS TO INFORMATION AND THE RIGHT TO BE HEARDPART D EXPANSION: THE PRINCIPLE OF CARE (DILIGENCE)PART E CONCLUSION

Recenzii

...there is no question that the author has provided a highly useful and readable account of the present state of EC administrative law which will prove of interest to all public lawyers whether or not their principal focus is on Community law.

Descriere

This book presents an analysis of the recent development of administrative procedures in EC law.