TY - BOOK AU - Stelkens, Ulrich AU - Andrijauskaite, Agne TI - Good Administration and the Council of Europe : : Law, Principles, and Effectiveness SN - 9780198861539 U1 - 341.2421 STE 23rd PY - 2020/// CY - New York, USA PB - Oxford University Press KW - Management; Council of Europe; European Union countries; Administrative law; Europe N1 - It includes Index Pages; Table of Contents : Introduction: Setting the Scene for a 'True European Administrative Law', Ulrich Stelkens and Agnė Andrijauskaitė PART I: Foundations: Sources and Methods 1.:Sources and Content of the Pan-European General Principles of Good Administration, Ulrich Stelkens and Agnė Andrijauskaitė 2.:How to Assess the Effectiveness of the Pan-European General Principles of Good Administration, Ulrich Stelkens and Agnė Andrijauskaitė PART II: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Founding States of the Council of Europe 3.:The Impact of Pan-European General Principles of Good Administration on United Kingdom Administrative Law: Shared Principles in a Strained Relationship, Sarah Nason 4.:Belgian Pluralism and Pragmatism: A Differentiated Reception for the Pan-European General Principles of Good Administration, Yseult Marique 5.:The Impact of Pan-European General Principles of Good Administration on the Administrative Law of France: Towards Selective Integration, Emilie Chevalier 6.:The Pan-European General Principles of Good Administration in the Italian Legal System: A (Sometimes) Contradictory Path, Marco Macchia and Claudia Figliolia 7.:The Dutch Paradox. The Impact of the Pan-European General Principles of Good Administration in the Netherlands, Janneke Gerards, Frank van Ommeren, and Johan Wolswinkel 8.:The Council of Europe and Pan-European General Principles of Good Administration - the Influence on the Administrative Law of Norway, Inger-Johanne Sand 9.:The Pan-European General Principles of Good Administration in Sweden - Undeniable but Partial Vehicles of Change, Jane Reichel PART III: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Accession States of the First Generation: 1949 - 1970 10.:The Right to Good Administration under Turkish Law - the Process of Integrating with the Legal Culture of the Council of Europe, Müslüm Akinci 11.:The Impact of the Pan-European General Principles of Good Administration on German Law, Ulrich Stelkens 12.:The Austrian Perception of the Council of Europe - with Particular Regard to Administrative Law, Alexander Balthasar 13.:The Impact of the Pan-European General Principles of Good Administration on Swiss Law - between Exemplary Reception of the ECHR and Frictions due to Direct Democracy, Nadja Braun Binder and Ardita Driza Maurer PART IV: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Accession States of the Second Generation: The Iberian Peninsula 14.:The Impact of the ECHR and of Pan-European General Principles of Good Administration on the Administrative Law of Portugal, Rui Tavares Lanceiro 15.:The Council of Europe as a Source of General Principles of Good Administration in Spain, Dolores Utrilla Fernández-Bermejo PART V: The Receptivity to the Pan-European General Principles of Good Administration of the Administrative Law of Accession States of the Third Generation: the Eastward Enlargement 16.:Pan-European General Principles of Good Administration in Finland: from Margin to Centre?, Ida Koivisto 17.:The Innocuous Impact of Pan-European General Principles of Good Administration on Hungarian Law and Legal Practice, Petra Lea Láncos 18.:The Role of the Council of Europe in Improving General Principles of Administrative Law in Poland - Remarks on the 25th Anniversary of Accession to the European Convention on Human Rights, Barbara Grabowska-Moroz and Marek Wierzbowski 19.:Implementation of the Pan-European General Principles of Good Administration in Bulgaria?, Vesco Paskalev 20.:Europeanization through Constitutionalism: Estonia, Madis Ernits and Karmen Pähkla 21.:Pan-European General Principles of Good Administration in Lithuania - A Success Story with Caveats, Jurgita Pauzaité-Kulvinskiené and Agnė Andrijauskaitė 22.:The Moderate Impact of the Pan-European General Principles of Good Administration on Slovenian Administrative Law, Ales Fercic 23.:Lip Service or Genuine Consideration of the Pan-European General Principles of Good Administration in Czechia?, Filip Krepelka 24.:A Tale of Europeanization: Romanian Administrative Law and its Deference to the Pan-European General Principles of Good Administration, Dacian C. Dragos and Cosmina Chirila 25.:Good Administration in the Administrative Law of the Republic of Latvia, Janis Neimanis 26.:The Impact of the Pan-European General Principles of Good Administration on Albanian Law - a Struggle between Law-Making and Implementation, Irma Spahiu 27.:The Impact of the Pan-European General Principles of Good Administration on Croatian Administrative Law - Arising from the Case Law of the Croatian Constitutional Court, Lana Ofak 28.:Georgian Administrative Law - from Soviet Era to European Standards, Tamar Gvaramadze 29.:Towards Implementation of the Pan-European General Principles of Good Administration through Reforms of the Public Administration System: the Case of Armenia, Vache Kalashyan and Tigran Grigoryan 30.:The Pan-European General Principles of Administrative Law - the Serbian Legislator's Inspiration and Conscience, Vuk Cucic PART VI: Conclusion 31.:Mapping, Explaining and Constructing the Effectiveness of the Pan-European Principles of Good Administration: Overall Assessment, Ulrich Stelkens, Agnė Andrijauskaitė, and Yseult Marique; Over View: Good Administration and the Council of Europe Law, Principles, and Effectiveness Edited by Ulrich Stelkens and Agnė Andrijauskaitė Written by national legal experts, provides the reader with first-hand knowledge of various national administrative law systems Analyses the sources and functions of European general principles of good administration Provides 28 country reports assessing administrative standards of the national legal systems of Council of Europe Member States. Description: Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.. Author Information Edited by Ulrich Stelkens, Professor for Public Law, German, and European Administrative Law, German University of Administrative Sciences Speyer, and Agnė Andrijauskaitė, Research Associate y, German Research Institute for Public Administration Ulrich Stelkens is Professor of Public Law, German and European Administrative Law at the German University of Administrative Sciences Speyer as well as Senior Fellow at the German Research Institute for Public Administration. His main areas of research include European Administrative Law, Administrative Procedure Law, Liability of Public Authorities, Infrastructure Law, Public Contract Law, and Economic Administrative Law. Agnė Andrijauskaitė is research associate at the German Research Institute for Public Administration as well as PhD Student at the Vilnius University and the German University of Administrative Sciences Speyer. Her main areas of research include European Administrative Law, Administrative Punishment, and European Human Rights Law. Contributors: Müslüm Akinci Agnė Andrijauskaitė Alexander Balthasar Nadja Braun Binder Emilie Chevalier Cosmina Chirila Vuk Cucić Dacian Dragoş Madis Ernits Aleš Ferčič Dolores Utrilla Claudia Figliolia Janneke Gerards Barbara Grabowska-Moroz Tigran Grigoryan Tamar Gvaramadze Vache Kalashyan Ida Koivisto Filip Křepelka Petra Lea Láncos Marco Macchia Yseult Marique Ardita Driza Maurer Sarah Nason Jānis Neimanis Lana Ofak Karmen Pähkla Vesco Paskalev Jurgita Paužaitė-Kulvinskienė Jane Reichel Inger-Johanne Sand Irma Spahiu Ulrich Stelkens Rui Tavares Lanceiro Frank van Ommeren Marek Wierzbowski Johan Wolswinkel UR - https://global.oup.com/academic/product/good-administration-and-the-council-of-europe-9780198861539?q=9780198861539&cc=in&lang=en# ER -