By Dacian C. Dragos, Bogdana Neamtu
This booklet 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 approach. The booklet makes use of methods from the fields of legislations, public management, public coverage and political technology to evaluate the significance of other tools for replacement dispute solution, with an emphasis on administrative appeals.
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Extra info for Alternative Dispute Resolution in European Administrative Law
24 See for example Stelkens (2014), § 35, no. 50ff. For a brief overview, see also Singh (2001), pp. 63ff. 25 Foster and Sule (2010), pp. 295f. 26 Stelkens (2014), § 35, no. , 185ff. 27 For exceptions concerning these kinds of Verwaltungsakte, see Jungkind (2008), pp. 209ff. 22 1 Administrative Appeals in Germany 9 rejection of a beneficial Verwaltungsakt. There are special time-limited court actions foreseen by § 42 VwGO, § 40 FGO, § 54 SGG with which judicial quashing of a Verwaltungsakt (rescissory action—Anfechtungsklage), as well as the judicial order to issue a rejected or omitted Verwaltungsakt (enforcement action— Verpflichtungsklage), can be requested by the plaintiff if he/she claims that his/her rights have been violated by the Verwaltungsakt or its refusal or omission.
Candidate in environmental policy studies; research interests are related to the doctoral studies’ field, and also European integration (with regard to the relevance of the process from a Romanian perspective). Her research publications include three chapters in international books, two books in Romanian in collaboration, five papers in scientific journals. She is a member of the editorial board of Transylvanian Review of Administrative Sciences. , Attorney at Law, is an Assistant Professor at the Business Law Chair, Faculty of Law and Administration, Jagiellonian University in Krakow (since 2011); formerly Chair of Administrative Law and Administrative Science, Faculty of Law & Administration of Adam Mickiewicz University in Poznan (2001–2011); research fellow at the CEU in Budapest (1997) and at the EUI in Florence (2005); PHARE expert in Romania and a member of an international group of legal experts consulting the project of Romanian administrative procedure code (2007); President of the Energy Regulatory Office in Warsaw (2007–2010); member of the board and Vice-President of the Energy Regulators’ Regional Association in Budapest (2009 to December 2010)—on behalf of the ERRA, he participated in the G8 meeting in Rome.
36 For the differences between “repealing,” “withdrawing” and “revoking” of Verwaltungsakte, see Foster and Sule (2010), pp. ; Nierhaus (2005), pp. 87–120ff. (pp. ); Singh (2001), pp. 87ff. 37 For more details, see Singh (2001), pp. 91f. 38 So, most recently, BSG, 8 February 2012—B 5 R 38/11 R—NJW 2012, pp. 2139–2141 (point 17 of the judgment). 39 BVerfG, 20 April 1982—2 BvL 26/81—BVerfGE 60, pp. 253–305 (p. 270). 40 Wolke (1984), pp. 419–426 (pp. ). 4 13 The Suspensive Effect of Objection and Rescissory Action41 Following § 80 I VwGO An objection and a rescissory action shall have suspensive effect.
Alternative Dispute Resolution in European Administrative Law by Dacian C. Dragos, Bogdana Neamtu