The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)(The Common Core of European Administrative Law)

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems. The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Table of Contents:
1: Giacinto della Cananea: Introduction Part I - The Austrian Administrative Procedure Legislation 2: Clemens Jabloner: Administrative Procedure and Judicial Control 3: Thomas Olechowski: The History of the Administrative Procedure in Austria until 1925 4: Stefan Storr: The Structure and Main Features of the Austrian General Administrative Procedure Act (AVG) Part II - The Diffusion of Administrative Procedure Legislation in Europe (1920-1970): National Reports 5: Emanuel Schädler: The Austrian 'Model' and the Codification of Administrative Procedure in Liechtenstein 6: Lukas Potesil and Filip K%repelka: The Legislation on Administrative Procedure in Czechoslovakia 7: Wojciech Piratek: The Polish Legislation on Administrative Procedure 8: Stefan Lili'c and Marko Milenkovi'c: Administrative Procedure in Former Yugoslavia and the Austrian Administrative Procedure Act 9: Andras Zs. Varga: The Hungarian Legislation on Administrative Procedure 10: Ino Augsberg: The Austrian Legislation on Administrative Procedure. A View From Germany 11: Javier Barnes: The Spanish Model of Administrative Procedure (APA 1889 / APA 1958) 12: Mario P. Chiti: The Austrian 1925 General Administrative Procedure Act. A View From Italy 13: Jean-Bernard Auby: Why France was Unaffected by the Austrian Codification of Administrative Procedure Part III - Comparative Reports 14: Stefano Mannoni: The Habsburg Empire, the Austrian Republic, and the League of Nations: From the damnatio memoriae to a Long Overdue Reappraisal 15: Angela Ferrari Zumbini: The Austrian AVG: An Underestimated Archetype with Deep Roots and External Factors 16: Otto Pfersmann: Procedures vs. Principles: Opposing Conceptions of Administrative Law (Austria, France, Spain, and Others) 17: Dian Schefold: Austria and Germany: Procedure and Rechtsstaat 18: Giacinto della Cananea, Angela Ferrari Zumbini, Otto Pfersmann: The Austrian Legacy

About the Author :
Giacinto della Cananea is a leading authority on comparative administrative law and EU administrative law. He has been awarded an advanced grant by the European Research Council for this research. His publications include several monographs including Due Process of Law Beyond the State (2016), edited volumes, and over 150 articles and book chapters on national and EU administrative law, and global administrative law. His work is cross-disciplinary, often in cooperation with historians of law, experts of international law (particularly in the field of foreign investment), and political scientists, addressing such topics as administrative procedures, judicial review, and regulation. Angela Ferrari Zumbini is Professor of Administrative Law at the Federico II University of Naples. She is the coordinator of the diachronic line of research within the European Research Council funded CoCEAL project. She studied at Humboldt University and graduated from Libera Università Internazionale degli Studi Sociali "Guido Carli". She holds a PhD in Fundamental Freedoms and was Visiting researcher at the Georgetown Law Center. Professor Ferrari Zumbini is the national coordinator of the German-Italian Public Law Colloquium and is a member of several international academic networks and editorial boards. Her research focuses on comparative administrative law, with a particular interest in administrative procedure, due process, regulation, and administrative limits to freedom of contract. Otto Pfersmann is a widely recognised specialist in comparative public law and legal theory. His many contributions focus on questions of constitutional adjudication and revision, the relations between legal systems, the theory of interpretation and comparison, conceptions of democracy, and fundamental rights. His take on administrative law highlights the difference between systems prioritising substantive issues and those concentrating on procedural organisation and review of conformity.