The Sound of Silence in European Administrative Law
Legal and Empirical Insights in Selected Jurisdictions
Produktform: Buch / Einband - fest (Hardcover)
This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Traditionally, administrative law was concerned with ways of controlling and sanctioning administrative action, and less preoccupied with the administrative inaction. Nonetheless, administrative silence and its legal treatment as relevant as the administrative act. Administrative silence is an issue that lies at the intersection of legal and managerial aspects and public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. It raises issues of rational organization, sound governance, and ethics in public administration. 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 selected European jurisdictions.
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