Indirect Judicial Review in Administrative Law: Legality vs Legal Certainty in Europe

This book explores the concept and concrete application of the system of indirect review of administrative action, assessing its suitability as a remedy for modern administrative justice. It examines the tension between legality and legal certainty principles and seeks to establish standards of review and a common European trend.

Format: Hardback
Length: 246 pages
Publication date: 11 November 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into a thorough comparative analysis of the concept and practical implementation of the system of indirect review of administrative action. It serves as a judicial review mechanism that allows for the reconsideration of previously settled administrative decisions. By employing an indirect approach to challenge the validity of a measure or act by attacking its legal foundation, this mechanism can apply to both general acts and specific individual actions and measures.

The central objective of this book is to assess whether the system of indirect review constitutes an appropriate remedy for modern administrative justice. It explores the delicate balance between the principles of legality and legal certainty and endeavors to establish the standards of review that govern this process. Through a comprehensive analysis of the theory and practice in jurisdictions across Western and Eastern Europe, as well as the EU legal system, the book seeks to identify any discernible European trends in the field.

This book is of immense value to academics, researchers, and policy-makers engaged in the domains of Administrative Law, EU law, and Public Administration. It offers a comprehensive and insightful examination of the system of indirect review, providing valuable insights into its strengths, weaknesses, and potential implications for the future of administrative law and governance.

Weight: 630g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367758578