Alternative Dispute Resolution in European Administrative by Dacian C. Dragos, Bogdana Neamtu

By Dacian C. Dragos, Bogdana Neamtu

This ebook examines the position, the final framework and the empirical effectiveness of the most substitute dispute answer instruments (administrative appeals, mediation, and ombudsman) in administrative concerns, in the broader context of the executive justice procedure. The e-book makes use of techniques from the fields of legislations, public management, public coverage and political technological know-how to evaluate the significance of other tools for substitute dispute solution, with an emphasis on administrative appeals.

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15f. 7 See Stelkens (2011b), pp. 3ff. (with further references). ” 9 For more details, see Burgi (2011), pp. ; Schoch (2013), § 50, no. ; Schro¨der and Stelkens (2011), pp. ; Stelkens and Schro¨der, (2010), pp. 307ff. 6 U. Stelkens dispute resolution in matters of public procurement in a separate section of this chapter (see Sect. 3). In general, this article will focus on administrative appeal in the form of the “objection”10 foreseen in §§ 68 ff. of the VwGO, §§ 348 ff. of the Fiscal Code (Abgabenordnung—AO)11 in connection with §§ 44 ff.

307ff. 6 U. Stelkens dispute resolution in matters of public procurement in a separate section of this chapter (see Sect. 3). In general, this article will focus on administrative appeal in the form of the “objection”10 foreseen in §§ 68 ff. of the VwGO, §§ 348 ff. of the Fiscal Code (Abgabenordnung—AO)11 in connection with §§ 44 ff. of the Code of Procedure for Fiscal Courts (Finanzgerichtsordnung—FGO)12 and §§ 78 ff. of the Social Courts Act (Sozialgerichtsgesetz—SGG)13 (see Sect. 2). In contrast to these formal procedures, informal administrative remedies have not really been able to develop in Germany, and the institution of an ombudsman is nearly unknown (see Sect.

2535), most recently amended by Art. 7 of the Act of 19 October 2013 (BGBl. I, p. 3836). 14 See, however, supra note 28. 16 The irrelevance of the historic sources of these procedures in the actual discussion may be due to the fact that in Germany comprehensive legal protection in administrative matters is a post-war phenomenon17; the SGG entered into force in 1954, the VwGO in 1960, and the FGO in 1965. The entry into force of the German constitution, the so-called “Basic Law” (Grundgesetz—GG), is to be considered a clear break in the history of German law on administrative court procedure.

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