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The Common Core of European Administrative Law

The Austrian Codification of Administrative Procedure

Diffusion and Oblivion (1920-1970)

The Austrian Codification of Administrative Procedure

The Common Core of European Administrative Law

The Austrian Codification of Administrative Procedure

Diffusion and Oblivion (1920-1970)

The Common Core of European Administrative Law: The Austrian Codification of Administrative Procedure

 

This book explores the development of the Austrian codification of administrative procedure and the subsequent spread of Austrian ideas and institutions across Europe. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure, and the consequences it had for other legal systems.


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Beschrijving The Common Core of European Administrative Law: The Austrian Codification of Administrative Procedure

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems.

The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other
viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political
changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding
administrative procedure.


ISBN
9780198867623
Pagina's
304
Verschijnt
Serie
The Common Core of European Administrative Law
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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