1.

Record Nr.

UNINA9910411946903321

Titolo

The Sound of Silence in European Administrative Law / / edited by Dacian C. Dragos, Polonca Kovač, Hanna D. Tolsma

Pubbl/distr/stampa

Cham : , : Springer International Publishing : , : Imprint : Palgrave Macmillan, , 2020

ISBN

9783030452278

3030452271

Edizione

[1st ed. 2020.]

Descrizione fisica

1 online resource (513 pages)

Disciplina

300

320

Soggetti

Political planning

Europe - Politics and government

Executive power

Law - Europe

Public Policy

European Politics

Executive Politics

European Law

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

1. In Search of an Effective Model: A Comparative Outlook on Administrative Silence in Europe -- 2. Silence of the EU authorities: the legal. consequences of inaction by the EU administration -- 3. Administrative Silence in Germany -- 4. Silence in the French administrative system: a failed revolution? -- 5. Legal Instruments to Confront Administrative Inaction: a Gift for the Citizen but a Curse for the Government? -- 6. Remedies against Administrative Silence in the Netherlands -- 7. Administrative Silence in Italy, Between (Desired) Simplification and (Practical) Complication -- 8. The Sound of Silence in Spain -- 9. Administrative Silence in Portugal -- 10. Legal and Administrative Challenges of Administrative Silence in Slovenia -- 11. Administrative Silence in Croatia: Between Fiction and Reality -- 12. The Privilege of Silence in Serbian Administrative Law -- 13. Using



Legal Fictions to Deal with Administrative Silence. The Case of Romania -- 14. Administrative Silence: A Polish Perspective -- 15. Administrative Silence in Lithuania: Case Law and Data from the Administrative Oversight Institutions.

Sommario/riassunto

This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions. Dacian C. Dragos is Jean Monnet Professor of Administrative and European Law and Co-director of the Center for Good Governance Studies at the Babes Bolyai University, Romania. Polonca Kovač is Professor of Administrative Law and Public Administration at the University of Ljubljana, Slovenia. Hanna D. Tolsma is Assistant Professor at the Department of Constitutional Law, Administrative Law and Public Administration of the University of Groningen, the Netherlands.