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- Title
ADMINISTRATIVE COURTS IN EUROPE: COMMON TRENDS AND REQUIREMENTS.
- Authors
CANANEA, GIACINTO DELLA; Vogin, F.
- Abstract
This article focuses on administrative courts in Europe. It has three main themes. First, there is a retrospective, which serves to seek to understand why some courts deeply involved in the business of government have failed somewhere, while other courts have succeeded elsewhere. Second, the paper considers current trends in Europe. It distinguishes two variants of specialization, based on administrative courts and specialized panels within civil courts, respectively. Thirdly, the article considers the balance between judicial independence and accountability. This implies, on the one hand, some essential requirements, including the guarantees of judicial independence, a legal basis for the exercise of authority over individuals and firms and certain standards of procedural due process of law. Arguably, national governments have some margins of manoeuvre in the interpretation of such requirements, but their essential content (or noyeau dur) cannot be infringed. On the other hand, accountability must be ensured. In particular, supervision by mixed judicial councils is to be preferred to selfregulation by judges, and judicial performance must be assessed.
- Subjects
EUROPE; ADMINISTRATIVE courts; JUDICIAL independence; JUDICIAL accountability; DUE process of law
- Publication
European Review of Public Law, 2018, Vol 30, Issue 3, p749
- ISSN
1105-1590
- Publication type
Article