Indirect Judicial Review in Administrative Law: Legality vs Legal Certainty in Europe
Mariolina Eliantonio · Dacian Dragos
Nov 2022 · Taylor & Francis
Ebook
256
Pages
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About this ebook
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.
About the author
Mariolina Eliantonio is Professor of European and Comparative Administrative Law and Procedure, Maastricht University, the Netherlands.
Dacian C. Dragos is Jean Monnet Professor of Administrative and European Law at the Public Management and Administration Department, Babes Bolyai University, Cluj Napoca, Romania.
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