Giacinto della Cananea, Angela Ferrari Zumbini

ISBN13: 9780198867616
To be Published: April 2025
Publisher: Oxford University Press

Administrative rulemaking and planning is an under-studied and under-theorized area of public law. To better understand how administrative functions and powers are discharged by public authorities and private bodies, this seventh volume in the Common Core of European Administrative Law series argues that we must consider all forms of administrative action, not just formal procedures and judicial review. As such, greater attention needs to be paid to administrative rulemaking and planning, which have a significant impact on economics and society.

Through extensive comparative research, this book examines this increasingly important field of administrative law. It focuses mainly on Europe, analysing ten national systems including eight European Union member states, Norway, and the UK, but it also explores the legal systems of the United States and China, as well as that of a non-state entity - the European Union itself.

The questions investigated across these systems include whether administrative agencies may fetter their discretion through policy and rules, whether their rules must be published, and what remedies are available when plans adversely impact individual rights. These questions are examined through a factual analysis based on a set of ten hypothetical cases, which are discussed by national experts.

This comparative approach identifies commonalities and differences between legal systems, such as in consultation and transparency, in the rights of public service users, and in legal remedies to address rules and plans. As in other volumes in the series, both similarity and difference are essential to understanding how a 'common core' is shaped and evolves.

Contents:
Part I - Common Core Research on Administrative Rulemaking and Planning
1:Introduction, Giacinto della Cananea

Part II - The Legal Systems Selected for Comparison: Background and Principles
2:Austria, Stefan Storr and Sophie Praniess
3:China, Xiaowei Sun
4:Czech Republic, Jiří Rajchl, Daniel Burda, and Gabriela Blahoudková
5:European Union, Edoardo Chiti
6:Germany, Lilly Weidemann
7:Hungary, Lilla Berkes and Balázs Szabolcs Gerencsér
8:Italy, Leonardo Parona
9:Netherlands, Jacobine van der Brink, Louise Verboeket, and Veerle van Waarde
10:Norway, Eivind Smith
11:Portugal, Rui Guerra da Fonseca
12:Sweden, Patricia Jonason and Björn Forssén
13:United Kingdom, John Morison and David Mark
14:United States of America, Jeffrey Lubbers and Giacinto della Cananea

Part III - Cases
15:Cases

Part IV - Comparative Analysis
16:A Comparative Analysis of Administrative Procedure Legislation on Rulemaking, Angela Ferrari Zumbini
17:Commonality and Diversity in Administrative Rulemaking, Giacinto della Cananea
18:Plans: In Between Rules and Decisions, Roberto Caranta