Indirect Judicial Review in Administrative Law
eBook - ePub

Indirect Judicial Review in Administrative Law

Legality vs Legal Certainty in Europe

  1. 246 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Indirect Judicial Review in Administrative Law

Legality vs Legal Certainty in Europe

About this book

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.

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Yes, you can access Indirect Judicial Review in Administrative Law by Mariolina Eliantonio, Dacian Dragos, Mariolina Eliantonio,Dacian C. Dragos,Dacian Dragos, Mariolina Eliantonio, Dacian C. Dragos in PDF and/or ePUB format, as well as other popular books in Law & Administrative Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Routledge
Year
2022
Print ISBN
9780367758622
eBook ISBN
9781000781366
Edition
1
Topic
Law
Index
Law

Table of contents

  1. Cover
  2. Half-Title
  3. Title
  4. Copyright
  5. Contents
  6. List of figures
  7. List of tables
  8. List of contributors
  9. The indirect review of administrative action in search of a fair balance between legality and legal certainty
  10. 1 Balancing legality and legal certainty: The plea of illegality in Belgian public law and the role of the Council of State and other judicial bodies
  11. 2 The indirect review of administrative action in the Czech Republic
  12. 3 Collateral challenges in England and Wales: More questions than answers
  13. 4 The system of indirect control of legality in French public law: Between objective legality and increasing attention for legal certainty
  14. 5 Hierarchy of norms, iura novit curia and no need to plea for indirect review of administrative action: The strictly German legal point of view
  15. 6 Rebalancing indirect judicial review of administrative action in the Netherlands
  16. 7 The indirect review of administrative action in Romania: The triumph of legality over legal certainty
  17. 8 Hitting not only the target: The indirect review of administrative action in Serbia and Croatia
  18. 9 The indirect judicial review of administrative action in Spain
  19. 10 The indirect review of administrative action in Sweden: Control and judicial protection
  20. 11 The plea of illegality in European Union law: The missing piece in the puzzle of a ā€˜complete system of remedies’?
  21. Annex I: Guiding questions for authors
  22. Index