Judicial Review of Administrative Action in Europe: Common Trends and Requirements

42 Pages Posted: 12 Jan 2019

See all articles by Giacinto della Cananea

Giacinto della Cananea

Bocconi University (Milan, Italy) - Law Department

Date Written: October 30, 2018

Abstract

This article focuses on judicial review of administrative action within the European legal space. It has three main themes. First, it makes an attempt to understand, in a historical perspective, 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 - one based on administrative courts and another on specialized panels within civil courts. Thirdly, the article argues that a balance between judicial independence and accountability is necessary. This implies, on the one hand, 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 cannot be infringed. On the other hand, accountability must be ensured: in particular, if certain conditions are met, supervision by mixed judicial councils is to preferred to self-regulation.

Suggested Citation

della Cananea, Giacinto, Judicial Review of Administrative Action in Europe: Common Trends and Requirements (October 30, 2018). Available at SSRN: https://ssrn.com/abstract=3309587 or http://dx.doi.org/10.2139/ssrn.3309587

Giacinto Della Cananea (Contact Author)

Bocconi University (Milan, Italy) - Law Department ( email )

Via Roentgen, 11
Milano, Milano 20136
Italy

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