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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Format: | Article |
Language: | English |
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Pravni fakultet Sveučilišta u Splitu
2013-01-01
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Series: | Zbornik Radova Pravnog Fakulteta u Splitu |
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Online Access: | http://hrcak.srce.hr/file/152557 |
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author | Olivier Gohin |
author_facet | Olivier Gohin |
author_sort | Olivier Gohin |
collection | DOAJ |
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?” |
first_indexed | 2024-03-09T07:17:18Z |
format | Article |
id | doaj.art-fd911a76fd1344c1a7fc980b926be1ce |
institution | Directory Open Access Journal |
issn | 0584-9063 1847-0459 |
language | English |
last_indexed | 2024-03-09T07:17:18Z |
publishDate | 2013-01-01 |
publisher | Pravni fakultet Sveučilišta u Splitu |
record_format | Article |
series | Zbornik Radova Pravnog Fakulteta u Splitu |
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 |