European Administrative Law Dialogues
The Review of European Administrative Law is proud to host a series of stimulating dialogues on European and comparative administrative law!
These online discussions seek to set the scene for further exchange about the intellectual, conceptual, social, legal and practical interactions between comparative administrative law in Europe and European administrative law. The European Administrative Law Dialogues are strongly anchored in practical and topical issues arising from the interplays and interactions between the national and the European administrative systems.
Starting from conviction that administrative law plays a distinctive function in allocating scarce resources in society in ensuring a level of protection against arbitrary limitations brought to individuals’ rights and freedoms, the series seeks to enrich the ongoing discussions on European administrative law with contributions from both positivist non-positivist perspectives, legal theory, socio-legal research, and other relevant interdisciplinary angles as well as valuable insights from practitioners in the field.
Join us online in dialogue with scholars and practitioners, or catch up with past events available on the REALaw blog!
All administrative law dialogues will take place online.
23 January 2024, 15.00-16.30 CET
Procedural Principles in Contemporary Administrative Law: Between Growing Uncertainties and Practical Challenges
Invited: Professor Takis Tridimas (King’s College London), Professor Giacinto della Cananea (Bocconi University), Brendan van Alsenoy (EDPS), Yves Van Gerven (Belgian Competition Authority).
The third European Administrative Law Dialogue will explore the role and function of procedural principles in contemporary administrative law. The increasing complexity of decision-making procedures, the role of artificial intelligence, the growing uncertainty and polycentrism of administrative law are all factors which arguably reshape and challenge the role of procedural principles, such as the right to be heard, or the duty of care or to give reasons. We will explore the evolving role of principles of administrative decision-making with two academics and two practitioners. Prof. Takis Tridimas and Prof. Giacinto della Cananea will set the scene respectively from a European and a comparative perspective for mapping the conceptual stakes of these procedural principles for the protection of individuals in their relation to the administration. Brendan Van Alsenoy and Yves Van Gerven will discuss the practical challenges for implementing European procedural principles in day-to-day administrative decision-making.
30 May 2024, 14.00 - 15.30 CET
The provisional title is: Administrative remedies: European and comparative developments
- 3 March 2023, 14.00-15.45h (CET)
The role of comparative administrative law in shaping European administrative law
Invited: Professor Joana Mendes (University of Luxembourg), Dr. Filipe Brito Bastos (NOVA University of Lisbon), Tanja Enhert (European Ombudsman, Inquiries Coordinator) and Sacha Prechal (European Court of Justice).
It has been noted that comparative administrative law was experiencing a recent renaissance. There is a practical or intellectual curiosity for other administrative systems and solutions, for understanding them, learning from them, coordinating them and/or transcending their differences, subsuming them into a new entity – sometimes European, sometimes global, sometimes transnational. So what do comparative and European administrative lawyers expect? What are their objectives and how do they think that they might be able to achieve them?
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27 November 2023, 15.00-16.30h (CET)Join us for a discussion with Oren Tamir on his upcoming publication “Our Parochial Administrative Law”. This online event will zoom in on U.S. administrative law and the value of meaningful and productive comparative research.
Our Parochial Administrative Law: the value of comparative law for the development of U.S. administrative law.
Invited: Professor Dr. Oren Tamir.
Professor Liz Fisher, University of Oxford, and Professor Mariolina Eliantonio, Maastricht University, will accompany Dr Oren Tamir in a dialogue on the value of comparative legal research, the development of U.S. administrative law, and on the exchange of lessons between European and U.S. administrative law.
Going back to the birth of modern administrative law in America reveals something striking. The “pioneers” of the field and many who followed in their footsteps weren’t trying to fashion a body of law for a rapidly expanding administrative state by being exclusively self-referential—that is, focusing only on our own idiosyncratic experiences and needs. Rather, they were consistently looking at what the U.S. might learn from other jurisdictions as well. In short, modern administrative law began in our system very much as an exercise in comparative law. Fast forward to today, and this intense comparative engagement has almost vanished from the administrative law scene. It lives only on the margins of the scholarly debate without any real purchase or impact. But even when administrative comparison does rarely appear in prominent places, its employment seems highly problematic, giving the entire enterprise a bad rap. For instance, in his dissent from a denial of cert in Buffington v. McDonough from this past term Justice Gorsuch chastised his colleagues for refusing to reevaluate Chevron deference among other things by noting that other countries “declined to adopt” something similar. To be sure, Justice Gorsuch’s statement is superficially true. But it suffers from many of the familiar failures of irresponsible comparison—including by being shallow, acontextual, and selective. In fact, Justice Gorsuch’s comparativism in Buffington may not only be flawed but also what comparativists might call “abusive”—i.e., done in the service of undermining what our constitutionally legitimate administrative state presently seems to require.
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This lecture series provides a set of important insights from environmental law scholars on how EU environmental law helps to achieve the aim of a high level of environmental protection in the European Union and across the world.