Parution : 02/2023
Editeur : Oxford University Press
ISBN : 978-0-1988-6762-3
Site de l'éditeur

The Austrian Codification of Administrative Procedure

Diffusion and Oblivion (1920-1970)

Sous la direction de Otto Pfersmann, Giacinto della Cananea, Angela Ferrari Zumbini

Présentation de l’éditeur

This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, which had important consequences for other legal systems.

The book follows two themes. The first is the Austrian codification of administrative procedure itself. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of 'influence', arguing that there was a 'diffusion' of general administrative procedure legislation; thirdly, because it examines why the major administrative systems of continental Europe, such as France, Germany and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented outlook on the emergence of an increasing common core regarding administrative procedure.

Contributors: Jean-Bernard Auby, Ino Augsberg, Javier Barnes, Mario P. Chiti, Giacinto della Cananea, Angela Ferrari Zumbini, Clemens Jabloner, Filip Křepelka, Stevan Lilić, Stefano Mannoni, Marko Milenković, Thomas Olechowski, Wojciech Piątek, Lukáš Potěšil, Otto Pfersmann, Emanuel Schädler, Dian Schefold, Stefan Storr, Andràs Zs. Varga.



1:Introduction, Giacinto della Cananea

Part I - The Austrian Administrative Procedure Legislation

2:Administrative Procedure and Judicial Control, Clemens Jabloner
3:The History of the Administrative Procedure in Austria until 1925, Thomas Olechowski
4:The Structure and Main Features of the Austrian General Administrative Procedure Act (AVG), Stefan Storr

Part II - The Diffusion of Administrative Procedure Legislation in Europe (1920-1970): National Reports

5:The Austrian 'Model' and the Codification of Administrative Procedure in Liechtenstein, Emanuel Schädler
6:The Legislation on Administrative Procedure in Czechoslovakia, Lukas Potesil and Filip Křepelka
7:The Polish Legislation on Administrative Procedure, Wojciech Piątek
8:Administrative Procedure in Former Yugoslavia and the Austrian Administrative Procedure Act, Stefan Lilić and Marko Milenković
9:The Hungarian Legislation on Administrative Procedure, Andras Zs. Varga
10:The Austrian Legislation on Administrative Procedure. A View From Germany, Ino Augsberg
11:The Spanish Model of Administrative Procedure (APA 1889 / APA 1958), Javier Barnes
12:The Austrian 1925 General Administrative Procedure Act. A View From Italy, Mario P. Chiti
13:Why France was Unaffected by the Austrian Codification of Administrative Procedure, Jean-Bernard Auby

Part III - Comparative Reports

14:The Habsburg Empire, the Austrian Republic, and the League of Nations: From the damnatio memoriae to a Long Overdue Reappraisal, Stefano Mannoni
15:The Austrian AVG: An Underestimated Archetype with Deep Roots and External Factors, Angela Ferrari Zumbini
16:Procedures vs. Principles: Opposing Conceptions of Administrative Law (Austria, France, Spain, and Others), Otto Pfersmann
17:Austria and Germany: Procedure and Rechtsstaat, Dian Schefold
18:The Austrian Legacy, Giacinto della Cananea, Angela Ferrari Zumbini, Otto Pfersmann

The Common Core of European Administrative Law , 352 pages.  £90.00