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Administrative Justice in Europe: The EU Acquis, Good Practice and Recent Developments
Roland Winkler
; Associate Professor of Law, University of Salzburg, Austria
Abstract
The present paper gives a broad over view of several key building stones of administrative justice in Europe. Current developmets are strongly driven by European standards: The procedural guarantees of Art 6 of the European Convention on Human Rights and the EU’s acquis communautaire. Al though their scope of application is limited, both require adminitrative courts to provide for effective protection
of the rights of individuals and give effectiveness to the
rule of law. Never the less, states still enjoy a large degree of
autonomy regarding the organisation and procedure of administrative courts, allowing for a variety of models of administrative justice. Individual elements will be discussed under the premise that the existing systems are neither rigid nor closed models, but that European standards of administrative justice can also be met through combining features from different models, as long as the individual features of organization and procedure, to get her with administrative
procedure and the jurisdictions of other courts, form a consistent system.
Keywords
administrative justice; administrative court; acquis communautaire; community judge; Art 6 ECHR; fundamental procedural rights; (principle of) effectiveness of Communty law; (principle of) non-discrimination under Community law
Hrčak ID:
135291
URI
Publication date:
7.12.2007.
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