Administrative mediation… Promoting mediation to resolve administrative disputes in Council of Europe member states, by Karim Salem and Margaret Doyle 17 Mar 202316 Mar 2023 ‘Administrative mediation’ is the focus of a new guide produced by the Council of Europe to encourage the use and oversight by member states of mediation to resolve disputes raised…
Access to justice… The plea of illegality in European Union law – The missing piece in the puzzle of a ‘complete system of remedies’?, by Mariolina Eliantonio 7 Mar 20236 Mar 2023 Introduction In Les Verts – and a long-standing line of case law thereafter – the Court of Justice of the European Union (CJEU) affirmed that a ‘complete system of remedies’…
Comparative Administrative Law… Climate change and the responsibility of administrative law scholars: the example of the “Future of administrative law” research network, by Emmanuel Slautsky 3 Mar 20233 Mar 2023 In her post, Chiara Armeni discusses the different ways in which legal academics can take responsibility for the climate crisis. As far as research activities are concerned, she argues that…
Comparative Administrative Law… Some insights into the Plea of illegality in French public law, by Clementine Mazille and Olivier Dubos 28 Feb 202327 Feb 2023 Introduction The validity of a French administrative act may be challenged through a direct challenge, but also by arguing a "plea of illegality", in the context of a dispute that…
Access to justice… Rebalancing indirect judicial review of administrative action in The Netherlands, by Kars de Graaf, Bert Marseille, and Marc Wever 21 Feb 202320 Feb 2023 Introduction The Dutch political and constitutional tradition has always been characterized by a limited role of the judiciary when it comes to judicial review of legislation. Article 120 of the…
Comparative Administrative Law… State-owned maritime concessions: shaping reform in the light of Italian Next Generation EU as a way to reconcile the private operators’ interests and market freedom (of services), by Alessia Monica 10 Feb 20239 Feb 2023 Setting the framework As already explained recently in this blog (by C. Burelli), and also in the REALaw Review (by this author), the ongoing reform of the State-owned maritime concessions…
Comparative Administrative Law Online discussion 3rd March, 2pm – European Administrative Law Dialogues 7 Feb 20236 Feb 2023 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…
Comparative Administrative Law… Legal transplants: resistance, acceptance and back again – an example from Spanish public procurement Law, by S Díez Sastre 15 Nov 202214 Nov 2022 Recent European scholarship on legal transplants reflects on the cross-linking effects of different institutions, legal principles, procedures, and tools in the so-called European Administrative Space, assessing the process and reactions…
Comparative Administrative Law… How European is French Public Law?, by John Bell 3 Jun 202229 May 2022 European law can be loved or just tolerated. The European Union and the European Convention have been incorporated parts of French law since 1957 and 1974 respectively. But it took…
Codification & Administrative law… Resistance to Transplants in the European Administrative Space: An Open-Ended Reading of Legal Changes, by Emmanuel Slautsky 18 Feb 202217 Feb 2022 While the history of European integration has always been characterised by tensions between unity and diversity and integration and national autonomy, recent years have beenmarked by attempts from the Member…