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Indirect Judicial Review in Administrative Law Legality vs Legal Certainty in Europe 1st Edition by Mariolina Eliantonio, Dacian Dragos ISBN 9780367758578 0367758571

Name: Indirect Judicial Review in Administrative Law Legality vs Legal Certainty in Europe 1st Edition by Mariolina Eliantonio, Dacian Dragos ISBN 9780367758578 0367758571
SKU: EB-53591066
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Indirect Judicial Review in Administrative Law Legality vs Legal Certainty in Europe 1st Edition Mariolina Eliantonio Digital Instant Download

Author(s): Mariolina Eliantonio, Dacian Dragos

ISBN(s): 9780367758578, 9781003164302, 9781000781366, 0367758571, 1003164307, 1000781364

Edition: 1

File Details: PDF, 1.35 MB

Year: 2022

Language: English

SKU: EB-53591066 Category: Jurisprudence & Law - Constitutional Law Tags: Dacian Dragos, Mariolina Eliantonio

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Indirect Judicial Review in Administrative Law Legality vs Legal Certainty in Europe 1st Edition by Mariolina Eliantonio, Dacian Dragos – Ebook PDF Instant Download/Delivery: 9780367758578 ,0367758571
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ISBN 10: 0367758571
ISBN 13: 9780367758578
Author: Mariolina Eliantonio, Dacian Dragos

This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Administrative Law, EU law, and Public Administration.

Indirect Judicial Review in Administrative Law Legality vs Legal Certainty in Europe 1st Edition Table of contents:

The indirect review of administrative action in search of a fair balance between legality and legal certainty

1 Balancing legality and legal certainty: The plea of illegality in Belgian public law and the role of the Council of State and other judicial bodies

2 The indirect review of administrative action in the Czech Republic

3 Collateral challenges in England and Wales: More questions than answers

4 The system of indirect control of legality in French public law: Between objective legality and increasing attention for legal certainty

5 Hierarchy of norms, iura novit curia and no need to plea for indirect review of administrative action: The strictly German legal point of view

6 Rebalancing indirect judicial review of administrative action in the Netherlands

7 The indirect review of administrative action in Romania: The triumph of legality over legal certainty

8 Hitting not only the target: The indirect review of administrative action in Serbia and Croatia

9 The indirect judicial review of administrative action in Spain

10 The indirect review of administrative action in Sweden: Control and judicial protection

11 The plea of illegality in European Union law: The missing piece in the puzzle of a ‘complete system of remedies’?

Annex I: Guiding questions for authors

Index

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Tags: Mariolina Eliantonio, Dacian Dragos, Indirect Judicial, Law Legality