The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

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Overview

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Product Details

ISBN-13: 9780192637758
Publisher: OUP Oxford
Publication date: 02/04/2023
Series: The Common Core of European Administrative Law
Sold by: Barnes & Noble
Format: eBook
Pages: 304
File size: 894 KB

About the Author

Giacinto della Cananea is a leading authority on comparative administrative law and EU administrative law. He has been awarded an advanced grant by the European Research Council for this research. His publications include several monographs including Due Process of Law Beyond the State (2016), edited volumes, and over 150 articles and book chapters on national and EU administrative law, and global administrative law. His work is cross-disciplinary, often in cooperation with historians of law, experts of international law (particularly in the field of foreign investment), and political scientists, addressing such topics as administrative procedures, judicial review, and regulation. Angela Ferrari Zumbini is Professor of Administrative Law at the Federico II University of Naples. She is the coordinator of the diachronic line of research within the European Research Council funded CoCEAL project. She studied at Humboldt University and graduated from Libera Università Internazionale degli Studi Sociali "Guido Carli". She holds a PhD in Fundamental Freedoms and was Visiting researcher at the Georgetown Law Center. Professor Ferrari Zumbini is the national coordinator of the German-Italian Public Law Colloquium and is a member of several international academic networks and editorial boards. Her research focuses on comparative administrative law, with a particular interest in administrative procedure, due process, regulation, and administrative limits to freedom of contract. Otto Pfersmann is a widely recognised specialist in comparative public law and legal theory. His many contributions focus on questions of constitutional adjudication and revision, the relations between legal systems, the theory of interpretation and comparison, conceptions of democracy, and fundamental rights. His take on administrative law highlights the difference between systems prioritising substantive issues and those concentrating on procedural organisation and review of conformity.

Table of Contents

1. Introduction, Giacinto della CananeaPart I - The Austrian Administrative Procedure Legislation2. Administrative Procedure and Judicial Control, Clemens Jabloner3. The History of the Administrative Procedure in Austria until 1925, Thomas Olechowski4. The Structure and Main Features of the Austrian General Administrative Procedure Act (AVG), Stefan StorrPart II - The Diffusion of Administrative Procedure Legislation in Europe (1920-1970): National Reports5. The Austrian 'Model' and the Codification of Administrative Procedure in Liechtenstein, Emanuel Schädler6. The Legislation on Administrative Procedure in Czechoslovakia, Lukas Potesil and Filip K%repelka7. The Polish Legislation on Administrative Procedure, Wojciech Piątek8. Administrative Procedure in Former Yugoslavia and the Austrian Administrative Procedure Act, Stefan Lilić and Marko Milenković9. The Hungarian Legislation on Administrative Procedure, Andras Zs. Varga10. The Austrian Legislation on Administrative Procedure. A View From Germany, Ino Augsberg11. The Spanish Model of Administrative Procedure (APA 1889 / APA 1958), Javier Barnes12. The Austrian 1925 General Administrative Procedure Act. A View From Italy, Mario P. Chiti13. Why France was Unaffected by the Austrian Codification of Administrative Procedure, Jean-Bernard AubyPart III - Comparative Reports14. The Habsburg Empire, the Austrian Republic, and the League of Nations: From the damnatio memoriae to a Long Overdue Reappraisal, Stefano Mannoni15. The Austrian AVG: An Underestimated Archetype with Deep Roots and External Factors, Angela Ferrari Zumbini16. Procedures vs. Principles: Opposing Conceptions of Administrative Law (Austria, France, Spain, and Others), Otto Pfersmann17. Austria and Germany: Procedure and Rechtsstaat, Dian Schefold18. The Austrian Legacy, Giacinto della Cananea, Angela Ferrari Zumbini, Otto Pfersmann
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