The Sound of Silence in European Administrative Law

ISBN-13: 9783030452261 / Angielski / Twarda / 2020 / 497 str.

Dacian C. Dragos; Polonca Kovač; Hanna D. Tolsma

Spis treści

From the Editors: Making of “The Sound of Silence in European administrative Law”

Part I: Introduction and Comparisons

Chapter 1: In Search of an Effective Model: A Comparative Outlook on Administrative Silence in Europe, by Polonca Kovač, Hanna D. Tolsma, Dacian C. Dragos.

Part II: The European Union

Chapter 2: Silence of the EU authorities: the legal consequences of inaction by the EU administration, by Natassa Athanasiadou, Mariolina Eliantonio. 

Part III: National perspectives – Western and Southern Europe 

Chapter 3: Administrative Silence in Germany, by Bettina Engewald. 

Chapter 4: Silence in the French administrative system: a failed revolution?, by Emilie Chevalier.

Chapter 5: Legal Instruments to Confront Administrative Inaction: a Gift for the Citizen but a Curse for the Government?, by Bengt Verbeeck, Ivo Carlens, Jurgen Neuts, Ludo M. Veny+.

Chapter 6:  Remedies against Administrative Silence in the Netherlands, by Kars J. de Graaf, Nicole G. Hoogstra, Albert T. Marseille.

Chapter 7: Administrative Silence in Italy, Between (Desired) Simplification and (Practical) Complication, by Anna Simonati.

Chapter 8: The Sound of Silence in Spain, by Patricia Valcárcel Fernández, Rafael Fernández Acevedo, Sara Sistero Ródenas.

Chapter 9: Administrative Silence in Portugal, by Miguel Assis Raimundo, João Tiago Silveira, Tiago Fidalgo de Freitas, Gonçalo Fabião.

Part IV: National perspectives – Central and Eastern Europe 

Chapter 10: Legal and Administrative Challenges of Administrative Silence in Slovenia, by Tina Sever, Polonca Kovač, Mirko Pečarič. 

Chapter 11: Administrative Silence in Croatia: Between Fiction and Reality, by Marko Šikić, Bosiljka Britvić Vetma, Anamarija Musa. 

Chapter 12: The Privilege of Silence in Serbian Administrative Law, by Vuk Cucić.

Chapter 13: Using Legal Fictions to Deal with Administrative Silence. The Case of Romania, by Dacian Dragos, Bogdana Neamtu, Bianca Radu. 

Chapter 14: Administrative Silence: A Polish Perspective, by Agata Jurkowska-Gomułka, Kamilla Kurczewska, Katarzyna Kurzępa-Dedo, Dawid Sześciło.

Chapter 15: Administrative Silence in Lithuania: Case Law and Data from the Administrative Oversight Institutions, by Vidmantė Giedraitytė, Agnė Andrijauskaitė, Mantas Bileišis. 

O autorze

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. Since 2010 he has chaired the Law and Administration panel of the European Group of Public Administration (EGPA). His research publications include several edited books, over 40 chapters in international books, and over 50 papers in scientific journals.

Polonca Kovač, Professor at the Faculty for Public Administration, University of Ljubljana, Slovenia. She is a steering committee member of the Network of Institutes and Schools of Public Administration in Central and Eastern Europe (NISPAcee) and a co-director of the Law and Administration panel of the EGPA. She is an editor and author of numerous articles and books, editor-in-chief of the Central European Public Administration Review, and an OECD/SIGMA expert.

Hanna D. Tolsma is Assistant Professor at the Department of Constitutional Law, Administrative Law and Public Administration of the University of Groningen, the Netherlands. Her publication mainly relates to administrative law and environmental law. She is a member of the editorial board of AB Rechtspraak Bestuursrecht and honorary judge at the District Court in the North of the Netherlands.

Blurb

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.