New PDF release: Alternative Dispute Resolution in European Administrative

By Dacian C. Dragos, Bogdana Neamtu

ISBN-10: 3642349455

ISBN-13: 9783642349454

ISBN-10: 3642349463

ISBN-13: 9783642349461

This ebook examines the position, the final framework and the empirical effectiveness of the most replacement dispute answer instruments (administrative appeals, mediation, and ombudsman) in administrative issues, in the broader context of the executive justice method. The booklet makes use of ways from the fields of legislations, public management, public coverage and political technological know-how to evaluate the significance of other tools for substitute dispute answer, with an emphasis on administrative appeals.

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4318). html. 12 FGO in the version of the promulgation of 28 March 2001 (BGBl. I, p. 442), most recently amended by Art. 6 of the Act of 10 October 2013 (BGBl. I, p. 3786). 13 SGG in the version of the promulgation of 23 September 1975 (BGBl. I, p. 2535), most recently amended by Art. 7 of the Act of 19 October 2013 (BGBl. I, p. 3836). 14 See, however, supra note 28. 16 The irrelevance of the historic sources of these procedures in the actual discussion may be due to the fact that in Germany comprehensive legal protection in administrative matters is a post-war phenomenon17; the SGG entered into force in 1954, the VwGO in 1960, and the FGO in 1965.

6 of the Act of 25 July 2013 (BGBl. I, p. 2749). 20 Concerning the reason for the existence of three codes of administrative procedure (VwVfG, AO and SGB X), see Maurer (2011), § 5, no. 5. See also note 3 on the different versions of the VwVfG on the federal and the Land level. 16 8 U. Stelkens A Verwaltungsakt shall be any order, decision or other sovereign measure taken by an authority to regulate an individual case in the sphere of public law and intended to have a direct, external legal effect.

In contrast to these formal procedures, informal administrative remedies have not really been able to develop in Germany, and the institution of an ombudsman is nearly unknown (see Sect. 5). The unique traits of the formal procedures may also be the reason why instruments of alternative dispute resolution could not really develop as an instrument of administrative appeal (see Sect. 4). Lastly, due to the quite comprehensive codification of principles of good administration since the 1970s, no real “traces of Europeanization” can be detected in the decision-making practices of the administrative authorities involved in these procedures (see Sect.

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Alternative Dispute Resolution in European Administrative Law by Dacian C. Dragos, Bogdana Neamtu


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