The issue of administrative procedure in the global environment has been pointed out by the global administrative law scholarship ever since its early writings, which took account both of national proceedings regulated by global rules, as well as of global proceedings. This essay is aimed at mapping out global administrative proceedings: specifically, we will explore their current structures as well as their common features. Although this analysis pays attention mostly to mixed, connected or composite proceedings carried out throughout the global arena, thus, national proceedings to which global rules apply will be taken into consideration too, in the background. The ultimate goal of this work is to point out whether global administrative activity follows recurring or structured procedural models. We indicate as intermediate questions whether such models may be considered as a unit - rather that the result of connected procedures -, when and under what circumstances this may happen, which legal foundations and which conditions should be brought into account in order to support either the unitary hypothesis or the alternative one. Further, we want to explore whether a stable and defined set of feature may be identifiable.
Conticelli, M. (2016). Global administrative proceedings: distinguishing features. In JB Auby (a cura di), Droit comparé de la procédure administrative / Comparative Law of Administrative Procedure (pp. 979-992). Parigi : Bruylant.
Global administrative proceedings: distinguishing features
CONTICELLI, MARTINA
2016-01-01
Abstract
The issue of administrative procedure in the global environment has been pointed out by the global administrative law scholarship ever since its early writings, which took account both of national proceedings regulated by global rules, as well as of global proceedings. This essay is aimed at mapping out global administrative proceedings: specifically, we will explore their current structures as well as their common features. Although this analysis pays attention mostly to mixed, connected or composite proceedings carried out throughout the global arena, thus, national proceedings to which global rules apply will be taken into consideration too, in the background. The ultimate goal of this work is to point out whether global administrative activity follows recurring or structured procedural models. We indicate as intermediate questions whether such models may be considered as a unit - rather that the result of connected procedures -, when and under what circumstances this may happen, which legal foundations and which conditions should be brought into account in order to support either the unitary hypothesis or the alternative one. Further, we want to explore whether a stable and defined set of feature may be identifiable.File | Dimensione | Formato | |
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