9781780684451 (paperback) 1780684452 (paperback)
Ius commune europaeum ; 155.
"Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on the issues surrounding legislation brought in to deal with the consequences of the economic crisis. It also includes a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions." -- Publisher.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
Introduction Quality of decision-making in relation to the speed of decision-making procedure General measures to speed up administrative and judicial procedures Provisions in the Administrative Procedure Act Elimination of preliminary administrative objection proceedings Elimination of suspensive effect Restriction of the right of appeal Federal administrative court as first and last instance Measures to speed up licensing procedures under the Federal Emission Control Act and infrastructure planning procedures The relationship between licensing requirements and length of procedures Measures taken to speed up licensing procedures Reduced need for licenses under the Federal Emission Control Act From public procedure to “simplified” procedure Reducing the number of public hearings Loss of standing in case of non-participation Measures in infrastructure planning procedures The paradigm shift after 'Stuttgart 21' The impact of accelerating measures on the quality of decisions and on the protection of legal rights of third parties Conclusion Introduction General provisions aimed at speed and quality in the decision-making process Measures taken to speed up decision-making procedures Exceptional rules for various 'emergency' situations Rules for major infrastructural projects On judicial review Conclusion Speed and the French concept of public administration A 'secondary' objective A latent requirement Formal and procedural requirements: quality versus speed? The obligation to state reasons Procedural obligations The single authorization mechanism Exceptional circumstances and urgency The passing of time and obligation to enact an administrative act The obligation to act within a reasonable time period The obligation to act with a set time period The passing of time and the implicit enactment of an administrative act Development in French law The implicit decisions scheme Judicial proceedings against administrative acts: quality vs. speed? Preliminary administrative appeals Judicial proceedings The specifics of the scheme applicable to urban planning Introduction Planning for major infrastructure: representing community and environmental interests The background to the Planning Act 2008 The Planning Act 2008: an outline The experience of public participation in planning for nationally significant infrastructure National Planning Policy Statements (NPPSs) Pre-application consultation The examination in public Access to justice in planning for nationally significant infrastructure Conclusion Introduction The demand for permits Procedure for getting a permit How long does it take to get a permit? Why does it take so long to get a permit? Reforming the permit regime What can be done to increase speed and quality? Bibliography Introduction Acceleration initiatives concerning the administrative decision-making process Measures taken to speed up decision-making EIA procedure Integration of approvals and one-stop-shop Lex silentio positive, penalty payments and direct appeal Shortening time limits of decision-making? Participation rights Deregulation and a greater role for private parties as a way to reduce administrative burdens General General rules instead of tailor-made permits Legal protection and court related measure Introduction Acceleration measures in general Developments in case law legislative developments Measures for a specific area Relativity principle Article 1.6(2) and Article 1.6a CRA Shortening time limits Access to court Court fees and costs Interested person Restriction of access for the administration Elimination of a court instance The role of international and European Law Overall closing remarks: what's the demos got to do with it? Bibliography Quality and speed of decision-making - some introductory remarks A definition of quality? Quality and speed - friends or enemies? National acceleration trends, international acceleration pressures and democratic limitations The need for speed: not a new issue? The role of international and European law: importantly unequal and unequally important What does the demos have to do with it? Acceleration initiatives concerning the administrative decision-making process Measures taken to speed up decision-making Shortening decision-making time limits Participation rights Deregulation and a greater role for private parties as a way to reduce administrative burdens Special regime of major infrastructure: in search of more speed Legal protection and court-related measures Measures to speed up court procedures Access to court Elimination of the compulsory objection procedure or of a court instance Administrative decision-making and court procedure: substantially quicker, but qualitatively better? Bibliography.
K3402 .Q35 2016
Cambridge, United Kingdom : Intersentia ; [Maastricht, The Netherlands] : Metro,