The Principle of Effective Legal Protection in Administrative Law

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Zoltán Szente is a professor of law and the Head of the Institute for Public Law at the National University of Public Service, and holds a Research Chair at the Institute for Legal Studies of the Hungarian Academy of Sciences, Budapest. Konrad Lachmayer holds a research chair at the Institute of Legal Studies, Centre for Social Sciences at the Hungarian Academy of Sciences. He is research fellow at Durham Law School and independent researcher in Vienna.

Introduction - Zoltán Szente and Konrad Lachmayer I. Conceptual Basis and International Background Chapter 1: Conceptualising the Principle of Effective Legal Protection in Administrative Law Zoltán Szente Chapter 2: Effective Legal Protection in the European Legal Order Christoph Görisch Chapter 3: Creating a European-wide Standard of Effective Legal Protection: The European Convention on Human Rights Marten Breuer Chapter 4: Effective Legal Protection in International Law Stephan Wittich II. The Principle of Effective Legal Protection in National Administrative Jurisdictions Chapter 5: The Principle of Effective Legal Protection in Austrian Administrative Law Ulrike Giera, Konrad Lachmayer Chapter 6: The Principle of Effective Legal Protection in Danish Administrative Law Søren Højgaard Mørup Chapter 7: The Effective Legal Protection in French Administrative Law Sylvia Calmes-Brunet Chapter 8: The Principle of Effective Legal Protection in German Administrative Law Diana Princess of Hohenlohe-Oehringen Chapter 9: The Principle of Effective Legal Protection in Hungarian administrative law Fruzsina Gárdos-Orosz and István Temesi Chapter 10: The Principle of Effective Legal Protection in Italian Administrative Law Fulvio Cortese Chapter 11: The Principle of Effective Legal Protection in Administrative Law in Lithuania Jurgita Pauzaite-Kulvinskiene Chapter 12: Dilemmas and Challenges of Legal Protection against Administrative Actions in the Republic Macedonia Gordana Siljanovska-Davkova and Renata Treneska-Deskoska Chapter 13: The principle of effective legal protection in administrative law: the Netherlands Karianne Albers, Lise Kjellevold and Raymond Schlössels Chapter 14: The Principle of Effective Legal Protection in Polish Administrative Law Joanna Lemanska Chapter 15: Effective Legal Protection in Administrative Law in Slovenia Erik KerSevan Chapter 16: The Principle of Effective Legal Protection in Spanish Administrative Law Angel Manuel Moreno Chapter 17: The Principle of Effective Legal Protection in the Swiss Administrative Law Felix Uhlmann Chapter 18: The Principle of Effective Legal Protection in Administrative Law in the United Kingdom Robert Thomas III. Comparative Studies Chapter 19: The Principle of Effective Legal Protection in International and European Law -Comparative Report Konrad Lachmayer Chapter 20: The Principle of Effective Legal Protection in Administrative Law - A Comparison Zoltán Szente