Full Description
Administrative rulemaking and planning is an under-studied and under-theorized area of public law. To better understand how administrative functions and powers are discharged by public authorities and private bodies, this seventh volume in the Common Core of European Administrative Law series argues that we must consider all forms of administrative action, not just formal procedures and judicial review. As such, greater attention needs to be paid to administrative rulemaking and planning, which have a significant impact on economics and society.
Through extensive comparative research, this book examines this increasingly important field of administrative law. It focuses mainly on Europe, analysing ten national systems including eight European Union member states, Norway, and the UK, but it also explores the legal systems of the United States and China, as well as that of a non-state entity - the European Union itself.
The questions investigated across these systems include whether administrative agencies may fetter their discretion through policy and rules, whether their rules must be published, and what remedies are available when plans adversely impact individual rights. These questions are examined through a factual analysis based on a set of ten hypothetical cases, which are discussed by national experts.
This comparative approach identifies commonalities and differences between legal systems, such as in consultation and transparency, in the rights of public service users, and in legal remedies to address rules and plans. As in other volumes in the series, both similarity and difference are essential to understanding how a 'common core' is shaped and evolves.
Contents
Part I - Common Core Research on Administrative Rulemaking and Planning
1: Giacinto della Cananea: Introduction
Part II - The Legal Systems Selected for Comparison: Background and Principles
2: Stefan Storr and Sophie Praniess: Austria
3: Xiaowei Sun: China
4: Ji%rí Rajchl, Daniel Burda, and Gabriela Blahoudková: Czech Republic
5: Edoardo Chiti: European Union
6: Lilly Weidemann: Germany
7: Lilla Berkes and Balázs Szabolcs Gerencsér: Hungary
8: Leonardo Parona: Italy
9: Jacobine van der Brink, Louise Verboeket, and Veerle van Waarde: Netherlands
10: Eivind Smith: Norway
11: Rui Guerra da Fonseca: Portugal
12: Patricia Jonason and Björn Forssén: Sweden
13: John Morison and David Mark: United Kingdom
14: Jeffrey Lubbers and Giacinto della Cananea: United States of America
Part III - Cases
15: Cases
Part IV - Comparative Analysis
16: Angela Ferrari Zumbini: A Comparative Analysis of Administrative Procedure Legislation on Rulemaking
17: Giacinto della Cananea: Commonality and Diversity in Administrative Rulemaking
18: Roberto Caranta: Plans: In Between Rules and Decisions
