Quality and speed in administrative decision-making : tension or balance? / editors : Chris Backes, Mariolina Eliantonio, Sander Jansen.
2016
K3402 .Q35 2016 (Mapit)
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Title
Quality and speed in administrative decision-making : tension or balance? / editors : Chris Backes, Mariolina Eliantonio, Sander Jansen.
Added Author
Imprint
Cambridge, United Kingdom : Intersentia ; [Maastricht, The Netherlands] : Metro, [2016]
Copyright
© 2016.
Description
xvii, 181 pages ; 24 cm.
Series
Ius commune europaeum ; 155.
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.
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.
Summary
"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.
Location
STA
Call Number
K3402 .Q35 2016
Language
English
ISBN
9781780684451 (paperback)
1780684452 (paperback)
1780684452 (paperback)
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