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Quality and Speed in Administrative Decision-making: Tension or Balance? [Minkštas viršelis]

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  • Formatas: Paperback / softback, 184 pages, aukštis x plotis: 236x172 mm, weight: 347 g
  • Serija: Ius Commune: European and Comparative Law Series 155
  • Išleidimo metai: 21-Oct-2016
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1780684452
  • ISBN-13: 9781780684451
Kitos knygos pagal šią temą:
Quality and Speed in Administrative Decision-making: Tension or Balance?Didesnis paveikslėlis
  • Formatas: Paperback / softback, 184 pages, aukštis x plotis: 236x172 mm, weight: 347 g
  • Serija: Ius Commune: European and Comparative Law Series 155
  • Išleidimo metai: 21-Oct-2016
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1780684452
  • ISBN-13: 9781780684451
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781780684451.html
Raktažodžiai:
Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on the issues surrounding legislation brought in to deal with the consequences of the economic crisis. It also includes a comparative overview comparing and contrasting national approaches.

A book series devoted to the common foundations of the European legal systems, the Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. In various European countries such as France, Italy, and the Netherlands, lawmakers have adopted legislation in order to deal with the consequences of the economic crisis. These laws contain provisions aimed at speeding up administrative decision making and judicial proceedings which have an impact on various provisions of general administrative law. Alongside the aim of facing the economic crisis, these measures aim to make administrative law more up-to-date and ensure it meets the needs of contemporary society. However, acceleration measures concerning decision-making and judicial proceedings may clash with the need to preserve the quality of these proceedings. On the one hand, swift procedures can be considered to be one aspect of high-quality decision making. On the other hand, other aspects of quality such as public participation and the thorough consideration of all relevant aspects and interests, may be at risk when the speed of decision-making is the only focus of reforms. Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on these issues, together with a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions. The book will be of interest to academics of European and comparative administrative law, as well as policy-makers at the national and European level.
List of Authors
xi
List of Abbreviations
xiii
Introduction 1(2)
Chris Backes
Mariolina Eliantonio
Sander Jansen
Quality and Speed in Administrative Decision-Making: A German Case Study
3(18)
Gerhard Roller
1 Introduction
3(1)
2 Quality of Decision-Making in Relation to the Speed of the Decision-Making Procedure
4(1)
3 General Measures to Speed Up Administrative and Judicial Procedures
5(3)
3.1 Provisions in the Administrative Procedure Act
5(1)
3.2 Elimination of Preliminary Administrative Objection Proceedings
6(1)
3.3 Elimination of Suspensive Effect
6(1)
3.4 Restriction of the Right of Appeal
7(1)
3.5 Federal Administrative Court as First and Last Instance
7(1)
4 Measures to Speed Up Licensing Procedures under the Federal Emission Control Act and Infrastructure Planning Procedures
8(5)
4.1 The Relationship between Licensing Requirements and Length of Procedures
8(2)
4.2 Measures Taken to Speed Up Licensing Procedures
10(1)
4.2.1 Reduced Need for Licences under the Federal Emission Control Act
10(1)
4.2.2 From Public Procedure to `Simplified' Procedure
10(1)
4.2.3 Reducing the Number of Public Hearings
11(1)
4.2.4 Loss of Standing in Case of Non-Participation
11(1)
4.3 Measures in Infrastructure Planning Procedures
12(1)
5 The Paradigm Shift after `Stuttgart 21'
13(1)
6 The Impact of Accelerating Measures on the Quality of Decisions and on the Protection of Legal Rights of Third Parties
14(2)
7 Conclusion
16(5)
Bibliography
17(4)
The Quest for Quality and Speed in Italian Administrative Law. Or the Tale of some Elusive Targets
21(36)
Roberto Caranta
1 Introduction
21(4)
2 General Provisions Aimed at Speed and Quality in the Decision-Making Process
25(1)
3 Measures Taken to Speed Up Decision-Making Procedures
26(10)
4 Exceptional Rules for Various `Emergency' Situations
36(3)
5 Rules for Major Infrastructural Projects
39(2)
6 On Judicial Review
41(3)
7 Conclusion
44(13)
Bibliography
47(10)
Quality and Speed in Administrative Decision-Making: A French Case Study
57(26)
Olivier Dubos
1 Speed and the French Concept of Public Administration
59(5)
1.1 A `Secondary' Objective
60(2)
1.2 A Latent Requirement
62(2)
2 Formal and Procedural Requirements: Quality versus Speed?
64(6)
2.1 The Obligation to State Reasons
64(1)
2.2 Procedural Obligations
65(3)
2.3 The Single Authorization Mechanism
68(1)
2.4 Exceptional Circumstances and Urgency
69(1)
3 The Passing of Time and the Obligation to Enact an Administrative Act
70(2)
3.1 The Obligation to Act Within a Reasonable Time Period
70(1)
3.2 The Obligation to Act Within a Set Time Period
71(1)
4 The Passing of Time and the Implicit Enactment of an Administrative Act
72(4)
4.1 Developments in French Law
73(2)
4.2 The Implicit Decisions Scheme
75(1)
5 Judicial Proceedings Against Administrative Acts: Quality v. Speed?
76(7)
5.1 Preliminary Administrative Appeals
76(1)
5.2 Judicial Proceedings
77(2)
5.3 The Specifics of the Scheme Applicable to Urban Planning
79(2)
Bibliography
81(2)
Planning for Major Infrastructure in England: Front-Loading Participation in the Interests of Efficiency
83(30)
Victoria Jenkins
1 Introduction
83(1)
2 Planning for Major Infrastructure: Representing Community and Environmental Interests
84(3)
3 The Background to the Planning Act 2008
87(4)
4 The Planning Act 2008: An Outline
91(4)
5 The Experience of Public Participation in Planning for Nationally Significant Infrastructure
95(8)
5.1 National Planning Policy Statements (NPPSs)
96(3)
5.2 Pre-application Consultation
99(2)
5.3 The Examination in Public
101(2)
6 Access to Justice in Planning for Nationally Significant Infrastructure
103(3)
7 Conclusion
106(7)
Bibliography
109(4)
Quality and speed in Judicial Procedures and Administrative Decision-Making: Environmental Permits in Sweden
113(18)
Lena Gipperth
1 Introduction
113(2)
2 The Demand for Permits
115(5)
3 Procedure for Getting a Permit
120(1)
4 How Long Does it Take to Get a Permit?
121(3)
5 Why Does it Take so Long to Get a Permit?
124(1)
6 Reforming the Permit Regime
125(1)
7 What Can be Done to Increase Speed and Quality?
126(5)
Bibliography
128(3)
Faster and Better!? Decision-Making in the Netherlands
131(30)
Chris Backes
Sander Jansen
1 Introduction
131(4)
2 Acceleration Initiatives Concerning the Administrative Decision-Making Process
135(6)
2.1 Measures Taken to Speed Up Decision-Making
135(1)
2.1.1 EIA Procedure
135(1)
2.1.2 Integration of Approvals and One-Stop-Shop
135(1)
2.1.3 Lex Silentio Positivo, Penalty Payments and Direct Appeal
136(2)
2.2 Shortening Time Limits of Decision-Making?
138(1)
2.3 Participation Rights
139(1)
2.4 Deregulation and a Greater Role for Private Parties as a Way to Reduce Administrative Burdens
140(1)
2.4.1 General
140(1)
2.4.2 General Rules Instead of Tailor-Made Permits
141(1)
3 Legal Protection and Court Related Measures
141(12)
3.1 Introduction
141(2)
3.2 Acceleration Measures in General
143(1)
3.2.1 Developments in Case Law
143(1)
3.2.2 Legislative Developments
144(1)
3.2.3 How Do the Novel Instruments Work Out?
145(1)
3.2.4 Further Legislative Developments
146(1)
3.3 Measures for a Specific Area
147(1)
3.3.1 Relativity Principle
147(1)
3.3.2 Article 1.6(2) and Article 1.6a CRA
148(1)
3.3.3 Shortening Time Limits
149(1)
3.4 Access to Court
150(1)
3.4.1 Court Fees and Costs
150(1)
3.4.2 Interested Person
150(2)
3.4.3 Restriction of Access for the Administration
152(1)
3.5 Elimination of a Court Instance
152(1)
4 The Role of International and European Law
153(3)
5 Overall Closing Remarks: What's the Demos Got to Do With It?
156(5)
Bibliography
157(4)
Conclusions
161
Chris Backes
Mariolina Eliantonio
Sander Jansen
1 Quality and Speed of Decision-Making -- Some Introductory Remarks
161(4)
1.1 A Definition of Quality?
161(1)
1.2 Quality and Speed -- Friends or Enemies?
162(3)
2 National Acceleration Trends, International Acceleration Pressures and Democratic Limitations
165(4)
2.1 The Need for Speed: Not a New Issue?
165(1)
2.2 The Role of International and European Law: Importantly Unequal and Unequally Important
166(2)
2.3 What Does the Demos Have to Do With It?
168(1)
3 Acceleration Initiatives Concerning the Administrative Decision-Making Process
169(6)
3.1 Measures Taken to Speed Up Decision-Making
169(2)
3.2 Shortening Decision-Making Time Limits
171(1)
3.3 Participation Rights
172(1)
3.4 Deregulation and a Greater Role for Private Parties as a Way to Reduce Administrative Burdens
173(1)
3.5 Special Regime of Major Infrastructure: in Search of More Speed
174(1)
4 Legal Protection and Court-Related Measures
175(4)
4.1 Measures to Speed Up Court Procedures
176(1)
4.2 Access to Court
177(2)
4.3 Elimination of the Compulsory Objection Procedure or of a Court Instance
179(1)
5 Administrative Decision-Making and Court Procedure: Substantially Quicker, but Qualitatively Better?
179
Bibliography
181
Chris Backes is Professor of Environmental and Planning Law at the Utrecht Centre for Water, Oceans and Sustainability Law, Utrecht University, the Netherlands. Notably, he has acted as President of the Dutch Society for Environmental Law, a member of the Netherlands Council for Nature Protection (Natuurbeschermingsraad) and a member of the Netherlands Council of Housing, Spatial Planning and the Environment (VROM-Raad). He specialises in sustainability law as well as environmental and planning law with a special focus on law for circular economy and biodiversity law. Mariolina Eliantonio is an Assistant Professor in European Administrative Law at Maastricht University. After having studied law at Teramo University (Italy), she obtained a LLM (cum laude) in European and comparative law at Maastricht University (the Netherlands). At the same University, she has written a PhD on the Europeanisation process of administrative justice in Italy, Germany and England and since 2008 she is employed as an Assistant Professor in the Department of Public Law of Maastricht University. She teaches courses of European institutional law, comparative and European administrative and constitutional law, and several legal writing and legal research courses. Her research interests lie in the enforcement of European law before national and European courts and in the role of courts in the EU legal system. She has extensively written on several aspects of access to court at national and European level (specifically in the environmental field), as well as on the Europeanisation process of national administrative law. She has been also a legal advisor at Milieu Ltd, a multi-disciplinary Brussels-based consultancy which carried out various types of research for the European institutions in the field of justice, fundamental rights, and environment.