Some food for comparative thinking on the disclosure of reasons for administrative action: using comparative lenses to examine the French law of giving reasons, by Dominique Custos

The 40th anniversary of the French Act of 11th July 1979 relating to the statement of reasons of administrative decisions was the occasion for a special comparative issue of The Cahiers de la Recherche sur les Droits Fondamentaux (17 CahRDF 2019) published by the University of Caen Normandy Press (France). This issue is now available … Continue reading Some food for comparative thinking on the disclosure of reasons for administrative action: using comparative lenses to examine the French law of giving reasons, by Dominique Custos

Judging regulators: The political economy of Anglo-American Administrative Law (Edward Elgar Publishing 2020), by Eric C. Ip

We tend to think of administrative law as an external constraint on politics, regulation, and public administration, and forget the fact that administrative law actually rests upon political foundations and is part and parcel of the political system. The overall insight of Judging Regulators is that administrative law is not an exogenous determinant of administrative behaviour. Administrative … Continue reading Judging regulators: The political economy of Anglo-American Administrative Law (Edward Elgar Publishing 2020), by Eric C. Ip

The Recognition of a Substantive English Public Law through the Privileged Legal Treatment of Public Assets, by Deborah Thebault

Against the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law, nor a system of public property. This is inaccurate. Starting with the imposition of a feudal structure of property by William the Conqueror in the 11th century, the King soon became … Continue reading The Recognition of a Substantive English Public Law through the Privileged Legal Treatment of Public Assets, by Deborah Thebault

Springtime for comparative administrative law, by Jean-Bernard Auby

For some time now, there has been a blossoming of comparative administrative law studies. Research and publications, of various national origins, are investigating this subject of common interest, because it concerns issues that are both common to the different legal systems and felt to play an essential role in them as providing for the concrete … Continue reading Springtime for comparative administrative law, by Jean-Bernard Auby

In Search of a Third Way Beyond the Public and the Private Options, by Thomas Perroud

In a recent post on LPE Blog, professor Jon Michaels warns against the dangers that State intervention in the economy may carry. Indeed, as the State is likely to come back as never before in the regulation of the economy as a reaction to the economic consequences of the Covid-19 pandemic, with nationalisations programs being … Continue reading In Search of a Third Way Beyond the Public and the Private Options, by Thomas Perroud

Online discussion – Cases, materials and texts on judicial review of administrative action – 13 July 2021, 2pm (UCT + 2)

REALaw (Review of European Administrative Law) warmly invites you to an online discussion on the edited collection Cases, materials and texts on judicial review of administrative action (Hart 2019) on 13rd July 2021, 2pm (Rome/Amsterdam time).   This casebook asked the question whether a ius commune of administrative law of judicial review was developing in Europe on the basis of … Continue reading Online discussion – Cases, materials and texts on judicial review of administrative action – 13 July 2021, 2pm (UCT + 2)

New publication – U Stelkens and A Andrijauskaitė, Good Administration and the Council of Europe: Law, Principles and Effectiveness (OUP 2020)

Good Administration and the Council of Europe: Law, Principles and Effectiveness is about the effectiveness of the pan-European principles of good administration. For the first time, the notion of good administration was researched within a normative framework that largely slips under the radar in the current European legal scholarship; namely, in the Council of Europe’s … Continue reading New publication – U Stelkens and A Andrijauskaitė, Good Administration and the Council of Europe: Law, Principles and Effectiveness (OUP 2020)

THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

The juge des référés is, in principle, the judge of interim orders. As Art. L511-1 CJA (French administrative justice code) states, he ‘decides by means of measures which have a provisional character’. But this simple description does not give the full picture. There are decisions which are provisional – a stay of execution in a … Continue reading THE IMPORTANCE OF URGENT INTERIM ORDERS IN CONTESTING FRENCH GOVERNMENT RULES ON COVID-19

Covid-19 and the Risks of Decentralisation:Crisis Management as Central-Local Risk Management in China

The threat posed by the coronavirus crisis is a holistic one – and so must be the response to it. Covid-19 prevention and control thus should be undertaken by all levels of government: not only national and international, but also subnational local units. Even the People’s Republic of China (PRC), the world’s largest centralist and … Continue reading Covid-19 and the Risks of Decentralisation:Crisis Management as Central-Local Risk Management in China

Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice (Cambridge University Press 2020)

Proportionality is one of the most important global constitutional principles of our time, yet there has been nearly no systematic research on the actual application of the doctrine in judicial practice. The research angle of most publications on proportionality is normative in nature, evaluating the virtues and vices of the doctrine as the framework for … Continue reading Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice (Cambridge University Press 2020)