Présentation de l'éditeur

Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights.

Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

Contributors: Luca Ceci, Martina Conticelli, Caroline Delforge, Halyna Dovhan, Rui Guerra da Fonseca, Filippo Fontanelli, Balázs Szabolcs Gerencsér, Emma Guernaoui, Luis Arroyo Jiménez, Patricia Jonason, Inga Kawka, Łukasz Kozera, Nuria Magaldi, Yseult Marique, Vincent Martenet, Silvia Mirate, Thomas Perroud, Kevin Polet, David Renders, Foroud Shirvani, Jacques Sluysmans, Ilya Somin, Dolores Utrilla Fernández-Bermejo, Nikky van Triet, Emma Waring.

Sommaire

PART I Introduction: A Common Core Research on Property

1:Property Rights and Administrative Limits: A Procedural Perspective, Martina Conticelli

PART II The Legal Systems Selected for Comparison: Law, Administration, and Procedures

2:Procedural Requirements for Administrative Limits to Property Rights in Belgium, David Renders, Luca Ceci, Caroline Delforge, and Kevin Polet
3:Procedural Requirements for Administrative Limits to Property Rights in France, Emma Guernaoui
4:Procedural Requirements for Administrative Limits to Property Rights in Germany, Foroud Shirvani
5:Procedural Requirements for Administrative Limits to Property Rights in Italy, Silvia Mirate
6:Procedural Requirements for Administrative Limits to Property Rights in the Netherlands, Jacques Sluysmans and Nikky van Triet
7:Procedural Requirements for Administrative Limits to Property Rights in Poland, Inga Kawka and Łukasz Kozera
8:Procedural Requirements for Administrative Limits to Property Rights in Portugal, Rui Guerra da Fonseca
9:Procedural Requirements for Administrative Limits to Property Rights in Spain, Luis Arroyo Jiménez and Dolores Utrilla Fernández-Bermejo
10:Procedural Requirements for Administrative Limits to Property Rights in Sweden, Patricia Jonason
11:Procedural Requirements for Administrative Limits to Property Rights in Ukraine, Halyna Dovhan
12:Procedural Requirements for Administrative Limits to Property Rights in the United Kingdom, Emma Waring
13:Procedural Requirements for Administrative Limits to Property Rights in the United States of America, Ilya Somin
14:Procedural Requirements for Administrative Limits to Property Rights in the International Law on Promotion and Protection of Foreign Investments, Filippo Fontanelli

Part III Cases

15:Cases

Part IV Comparative Analysis

16:Comparative Perspectives on Expropriation and Other Takings: England, France, Germany, and the United States, Vincent Martenet
17:Public and Private Sovereign Powers in Liberal Models of Property Protection: Belgium, Sweden, and the Netherlands, Yseult Marique
18:Procedural Safeguards of Property Rights in Southern Europe: Italy, Spain, and Portugal, Nuria Magaldi
19:Comparative Expropriation: Poland, Ukraine, and Hungary, Balázs Szabolcs Gerencsér
20:Property Rights, Administrative Limits and Procedural Requirements in the EU, the ECHR, and the IIL, Martina Conticelli
21:Concluding Remarks on the Unity of the Liberal World as Regards State Regulation of Property, Thomas Perroud