The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

This book argues that Austria's development of administrative law has had a significant impact on Europe, due to its Administrative Court being one of the first to define and refine general principles, and its general law of administrative procedure in 1925. It follows two themes: the Austrian codification of administrative procedure and the spread of Austrian ideas and institutions to neighboring countries. It compares the legislative provisions and durability of these countries' administrative procedure legislation under Soviet rule rule and examines why major administrative systems of continental Europe did not adopt administrative procedure legislation.

Format: Hardback
Length: 352 pages
Publication date: 28 February 2023
Publisher: Oxford University Press

This book makes a compelling argument that Austria played a significant role in the development of administrative law in Europe. Not only did Austria's Administrative Court emerge as one of the pioneers in defining and refining fundamental principles such as legality, due process, and the general interest, but it also took a pioneering step by adopting a comprehensive general law of administrative procedure in 1925. This law had far-reaching consequences for other legal systems across the continent.

The book explores two central themes. The first theme delves into the Austrian codification of administrative procedure itself. It examines the various factors that influenced the adoption of administrative procedure legislation and the reception of the model of review. The book is enriched by the inclusion of the English translation of the Austrian general act of 1925, which provides valuable insights into the legislative provisions and their enduring impact, even in the face of drastic political changes.

The second theme of the book extends beyond Austria's borders. It explores the spread of Austrian ideas and institutions to neighboring countries. The book challenges the conventional narrative that the Austrian codification had a limited influence on its closest neighbors, such as Poland, Czechoslovakia, and Yugoslavia. Instead, it presents a nuanced perspective by comparing the legislative provisions and durability of these countries' administrative procedure laws, even in the aftermath of political upheavals. The book goes beyond mere influence and argues for a broader concept of diffusion, highlighting the spread of general administrative procedure legislation. It also examines why major administrative systems in continental Europe, such as France, Germany, and Italy, did not adopt administrative procedure legislation.

By undertaking this comprehensive analysis, the book offers an unprecedented outlook on the emergence of a growing common core regarding administrative procedure. It sheds light on the historical, cultural, and legal factors that shaped the development of administrative law in Europe and provides valuable insights into the ongoing evolution of administrative justice across the continent. This book is a must-read for scholars, practitioners, and anyone interested in understanding the complex dynamics of administrative law and its impact on society.

Weight: 656g
Dimension: 240 x 162 x 21 (mm)
ISBN-13: 9780198867623