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9789089520715

Traditions and Change in European Administrative Law

by ;
  • ISBN13:

    9789089520715

  • ISBN10:

    9089520716

  • Format: Paperback
  • Copyright: 2011-05-30
  • Publisher: Europa Law Publishing
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Summary

The traditional continental administrative model is mainly top-down and is based on the following assumptions: Political bodies strike the balance among conflicting interests present in the society or, rather, choose among the conflicting social interests those that deserve to gain the upper hand; The administrative organisation has the task to implement the choices made by the law-maker in specific cases and it is normally responsible to it; to this end it works through adjudication processes and adopts decisions; normally, to make adjudication (more predictable) and easier given its complex structure, the administrative organisation is also empowered to enact (secondary) rules; rules and administrative decisions derive their legal authority from the law they are implementing; they override individual interests; The courts are empowered to check that the administrative organisation does not overstep the boundaries laid down by the law. A different, dialogue model is possible. It is

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