Common Core of European Administrative Laws

Giacinto della Cananea, Ph.D. EUI (1965), Bocconi University, is Professor of Administrative Law at that university. He has published various monographs, including Due Process of Law Beyond the State (2016), and several edited books and articles. He is the editor, with Mauro Bussani, of the series Comparative Law in Global Perspective (Brill).

• Preface1 The Development of Administrative Law: Fact and Theory1 Two Visions of Administrative Law2 Public Administration without Administrative Law3 Administrative Law as a Defining Aspect of the New State of the World4 The Transformation of Administrative Law5 A New Comparative Inquiry6 Limits to the Inquiry7 Structure of the InquiryPart 1A Diachronic Comparison2 Judicial Review of Administration: Institutional Design1 England and France: Ideal-types and Prototypes2 The Reception of the English Prototype: Belgium and Italy3 The Reception of the French Prototype: Italy and Belgium4 The Austro-German Prototype5 French Systematics in Germany6 German Systematics in Italy7 Beyond the State: Judicial Remedies in the European Communities3 The Judicial Construction of General Principles (1890–1910)1 An Empirical Analysis2 Administrative Litigation: Similar Problems3 Devising Solutions: Legality and Procedural Fairness4 Devising Solutions: Government Liability5 The Role of Judge-Made Law and the Place of Legal Theory6 The Emergence of Common Principles4 Sowing the Future: Austrian Administrative Procedure Legislation1 Early Views on the Codification of Administrative Procedure2 The Austrian Turn: Background3 The Austrian Turn: Principles4 An Area of Agreement between Legal Systems5 A Case of Diffusion6 The Wider Reach of Austrian Ideas5 The Development of Administrative Procedure Legislation1 Moving towards Administrative Procedure Legislation2 Socialist Legal Systems and the Austrian Legacy3 Spanish Legislation and Its Diffusion in Latin America4 The Scandinavian Standard of Fair Procedure5 Types of States and Administrative Procedure LegislationPart 2A Synchronic Comparison6 Commonality and Diversity in Administrative Procedure Legislation1 The Diversity of Constitutional Foundations2 The Heterogeneity of Administrative Procedure Legislation3 An Area of Agreement: Administrative Adjudication4 The Closest Things to Invariants: Hearings5 The Closest Things to Invariants: Giving Reasons6 Diversity: Rulemaking7 A Factual Analysis: Adjudication1 Hypothetical Cases2 Freedom from Bias3 The Unfair Dismissal of a Civil Servant4 A License Revocation Inaudita Altera Parte5 Administrative Detention without Reasons6 Consultation: The Role of Experts7 An Area of Agreement8 A Factual Analysis: Rulemaking1 Variety of Administrative Rules2 Standardless Discretion?3 Consultation before Policy Change4 Partially Unpublished Rules5 An Unexpected Area of Agreement9 Governmental Wrongdoing1 A Worst-Case Scenario2 Further Consequences of Procedural Unfairness in Adjudication3 Contracts: The Unlawful Exclusion of a Tenderer4 The Violent Police Officer5 ConclusionPart 3Commonality and Diversity: An Evolving Relationship10 Explaining Diversity1 The Causes of Commonality and Diversity2 Context Matters: History3 Context Matters: Mentalités in Public Law4 Policy Considerations and Change5 Diverging Traditions: Rules and Legal Formants6 The Legal Relevance of National Traditions11 Explaining Commonality1 The Legacy of ius commune: A Qualified View2 The ‘Nature of Things’3 Legal Transplants: Authority, Prestige, and Quality4 General Principles5 Legal Harmonization6 Institutional Isomorphism7 The Growing Impact of Common Standards12 The ‘Common Core’ of Administrative Laws: Concept, Nature, and Extent1 Factual Analysis and Theory Development2 The Common Core: An Overview of the Argument to Come3 The Common Core: Concept and Issues4 A Dynamic View of the Common Core5 The Nature of the Common Core6 The Extent of the Common Core7 The Variety of Uses of the Common CoreIndex