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Author: Suisse. Office fédéral de la justice
Publisher:
ISBN:
Category :
Languages : fr
Pages : 211
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Book Description
Author: Suisse. Office fédéral de la justice
Publisher:
ISBN:
Category :
Languages : fr
Pages : 211
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : fr
Pages : 43
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Author: Constantin Economides
Publisher: Council of Europe
ISBN: 9789287124340
Category : International and municipal law
Languages : fr
Pages : 32
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Author: Pierre Michel Eisemann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102690
Category : Law
Languages : en
Pages : 606
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Book Description
Just how International and European Community Law is being integrated into domestic legal systems is as yet not too well known. To gain a clear overview of this grey area requires more than knowing about the various constitutional rules. What is also needed is a study of little-known administrative practices and the attitudes of the national courts, where case-law is often as complex as it is diverse. When all these elements are taken into account, the general picture that emerges is a much more subtle one, transcending the classical positions based on the theories of monism and dualism. To grasp this reality and go beyond preconceived ideas, it seemed indispensable to make a thorough analysis of national practices. To this end, the International Law Centre of the University of Paris XIII (Cedin Paris XIII) took the initiative, in 1990, of setting up a network of European international lawyers to work on the theme International norms and legal barriers'. This book presents the outcome of the network's programme. The research was organized on the basis of a single questionnaire which provided the outline of a common workplan, to which each of the contributors has adhered. Detailed comparisons of national practices can now be made, relating in particular to international treaties, acts of international organisations and of the European Communities, and to unwritten international law. This is the first time that such a comprehensive and detailed survey has been made of all thirteen countries. Reading the national reports one after the other provides complete information on domestic practices; reading them crosswise gives a direct comparison between the different countries on specificissues.
Author: Gilles-Antoine Hofstetter
Publisher:
ISBN:
Category :
Languages : fr
Pages : 61
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Author: Suisse. Département politique fédéral
Publisher:
ISBN:
Category :
Languages : fr
Pages : 566
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Author: Ulrich Stelkens
Publisher: Oxford University Press
ISBN: 0192605933
Category : Law
Languages : en
Pages : 912
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Book 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: Marten Breuer
Publisher: Springer
ISBN: 3662589869
Category : Law
Languages : en
Pages : 352
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Book Description
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.
Author:
Publisher: Zurich : Schulthess
ISBN:
Category : Law
Languages : fr
Pages : 306
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Author:
Publisher:
ISBN:
Category : International law
Languages : fr
Pages : 468
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