The role of comparative administrative law in shaping European administrative law
It has been noted that comparative administrative law was experiencing a recent renaissance. There is a practical or intellectual curiosity for other administrative systems and solutions, for understanding them, learning from them, coordinating them and/or transcending their differences, subsuming them into a new entity – sometimes European, sometimes global, sometimes transnational. So what do comparative and European administrative lawyers expect? What are their objectives and how do they think that they might be able to achieve them?
This online discussion seeks to set the scene for further discussions about the intellectual, conceptual, social, legal and practical interactions between comparative administrative law in Europe on the one hand and European administrative law on the other hand. These discussions are strongly anchored in practical topical issues arising from the interplays and interactions between the national and the European administrative systems. These discussions start from a broadly positivist outlook, convinced that administrative law plays a distinctive function in allocating scarce resources in society and in ensuring a level of protection against arbitrary limitations brought to individuals’ rights and freedoms. However, they also seek to benefit from non-positivist insights, coming from legal theory, socio-legal research, and/or other relevant interdisciplinary contributions.
Programme, 3rd March 2023
|2:00 – 2:05 PM||Opening by Professor Mariolina Eliantonio (University of Maastricht)|
|2:05 – 2:50 PM||The academic perspective|
Professor Joana Mendes (University of Luxembourg)
Dr Filipe Brito Bastos (University of Nova Lisbon)
|Q&A – Discussions|
|2:50 – 3:35 PM||The practical perspective|
Tanja Enhert (European Ombudsman, Inquiries Coordinator)
Sacha Prechal (European Court of Justice)
|Q&A – Discussions|
|3:35 -3:40 PM||Conclusions by Professor Mariolina Eliantonio (University of Maastricht)|