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This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.
The Revised 6th Edition of this popular casebook contains an omitted APA section but is otherwise identical to the 6th Edition. Like previous editions, it focuses on real problems and real administrative practice. Problems serve as the primary pedagogical tool, including problems that do not involve courts. The book raises ethical issues distinctive to government lawyers, requires students to parse statutory and regulatory text in solving problems, and orients the course around administrative law practice rather than theory. While theory is not ignored, the book focuses on reality-based problems that put theory in context. It includes the most recent important Supreme Court and Courts of Appeals cases, including King v. Burwell, with its rejection of Chevron when a case involves interpretive questions of deep "economic and political significance"; Perez v. Mortgage Bankers Ass'n, which overruled the D.C. Circuit's Alaska Hunters line of cases; Lexmark International's attempt to clarify the meaning of prudential standing; Spokeo, Inc. v. Robins, with its rejection of standing absent concrete injury to a person, even when a person's statutory right has been violated; and Corps of Engineers v. Hawkes' elaboration of the test for finality. Notably, the new edition joins the ranks of Interactive Casebooks, a new breed of casebook that features a novel visual display and layout that uses text boxes, and color/border segregated feature sections for hypotheticals, reference to scholarly debates, useful information for students, and provocative questions. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with the extensive hyperlinking to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources and more. The 6th Edition utilizes the CasebookPlus(tm) platform, providing students with digital access to faculty-authored self-assessments that are keyed to the text.
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
This book presents an analysis of the recent development of administrative procedures in EC law. It is a pathbreaking study of what might be termed the “constitutionalising norms” now emerging,including a range of 'process rights' and procedural standards, such as the right to access to information, the right to be heard, the principle of care and duty to state reasons. These new standards are increasingly applied in areas as diverse as competition, State aids, customs matters, anti-dumping and the European Social Fund. Different strands of case-law of the EC courts are thus connected to document the overall evolution of procedural rules peculiar to the EC administrative system as a whole. The author adopts a critical stance, in particular, towards the case-law of the Court of First Instance and points out the increasing pressure being brought to bear on the European Commission in respect of its procedural requirements. Particular emphasis is placed on the concept of 'care', i.e. the duty to collect and examine the factual and legal points of individual cases impartially and carefully. The book reveals both the theoretical and practical relevance of this principle as a means of both procedural and substantive review and the reasons why it is likely to be misinterpreted by the courts.