Week 9

• Throughout history, the role of the State has evolved:

  • 19th century: focused on maintaining law and order and protecting against invasions
  • Post-industrial revolution: added providing community services and distributing wealth
  • Nowadays: providing public goods and services
• Topics of Administrative Law include:

  • Administrative authorities and their servants
  • Powers of administrative authorities
  • Procedural rules applicable to public powers
  • Substantive requirements public authorities must follow
  • Judicial protection against administrative action
• Instruments and Powers at the disposal of Public Administration:

  • The administration serves the public interest
  • The legislator empowers the administrative body
  • Administration can effect its policies through juridical acts and factual acts
  • Competences in Public Law and Private Law
• Montesquieu's idea: "it is necessary from the very nature of things that power should be a check to power" emphasizes the need for a system of checks and balances in government
• Public Administration:

  • Civil servant employment
  • Legal guarantees of civil service employment: Life tenure absent grave misconduct
  • Public Management reforms: terms of public sector employment more flexible and closer to performance indicators
  • Privatization
• Comparative Administrative Law:

  • Administrative Law seen as a unique system
  • Comparative Administrative Law now recognized due to globalization and enhanced international diffusion of information
• European Administrative Law:

  • Multilevel Governance with several layers of administrative decision-making
  • Direct Administration at EU level and Indirect Administration through national administrations
• Global Administrative Law:

  • Addressing consequences of globalized interdependence
  • Areas needing regulation: Environmental protection, Law enforcement, Trade, Intellectual Property, Labour Standards
• Global Administrative Law aims to address the accountability deficit by ensuring transparency, participation, reasoned decision-making, legality, and effective review of rules and decisions made by global administrative bodies