Warranties arising from procedural rules and european jurisprudence in administrative order

Amongst the rules applicable in administrative dispute, those created from the European Convention for Human Rights and Fundamental Freedoms should particularly be emphasised. Similarly, administrative adjudication has accepted, after the Council of State’s decision on October 20, 1989 in the Nicolo...

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Main Author: Olivier Gohin
Format: Article
Language:English
Published: Pravni fakultet Sveučilišta u Splitu 2013-01-01
Series:Zbornik Radova Pravnog Fakulteta u Splitu
Subjects:
Online Access:http://hrcak.srce.hr/file/152557
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author Olivier Gohin
author_facet Olivier Gohin
author_sort Olivier Gohin
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description Amongst the rules applicable in administrative dispute, those created from the European Convention for Human Rights and Fundamental Freedoms should particularly be emphasised. Similarly, administrative adjudication has accepted, after the Council of State’s decision on October 20, 1989 in the Nicolo case, to supervise harmonisation of national law and a certain agreement, namely the European Union Association Agreement. This has resulted in self interpretation of the agreement. In resolving various issues, the administrative judge was forced to follow Strasbourg court practice. Therefore, finally, as a logical conclusion, the question arises of: Is national law being europeanised or is European law becoming “nationalised?”
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spelling doaj.art-fd911a76fd1344c1a7fc980b926be1ce2023-12-03T08:24:59ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592013-01-01502289311Warranties arising from procedural rules and european jurisprudence in administrative orderOlivier Gohin0University Panthéon-Assas (Paris 2)Amongst the rules applicable in administrative dispute, those created from the European Convention for Human Rights and Fundamental Freedoms should particularly be emphasised. Similarly, administrative adjudication has accepted, after the Council of State’s decision on October 20, 1989 in the Nicolo case, to supervise harmonisation of national law and a certain agreement, namely the European Union Association Agreement. This has resulted in self interpretation of the agreement. In resolving various issues, the administrative judge was forced to follow Strasbourg court practice. Therefore, finally, as a logical conclusion, the question arises of: Is national law being europeanised or is European law becoming “nationalised?”http://hrcak.srce.hr/file/152557administrationprocedural guaranteeseuropean jurisprudence
spellingShingle Olivier Gohin
Warranties arising from procedural rules and european jurisprudence in administrative order
Zbornik Radova Pravnog Fakulteta u Splitu
administration
procedural guarantees
european jurisprudence
title Warranties arising from procedural rules and european jurisprudence in administrative order
title_full Warranties arising from procedural rules and european jurisprudence in administrative order
title_fullStr Warranties arising from procedural rules and european jurisprudence in administrative order
title_full_unstemmed Warranties arising from procedural rules and european jurisprudence in administrative order
title_short Warranties arising from procedural rules and european jurisprudence in administrative order
title_sort warranties arising from procedural rules and european jurisprudence in administrative order
topic administration
procedural guarantees
european jurisprudence
url http://hrcak.srce.hr/file/152557
work_keys_str_mv AT oliviergohin warrantiesarisingfromproceduralrulesandeuropeanjurisprudenceinadministrativeorder