Administrative rulemaking and planning is an under-studied and under-theorized area of public law. To better understand how administrative functions and powers are discharged by public authorities and private bodies, this seventh volume in the Common Core of European Administrative Law series argues that we must consider all forms of administrative action, not just formal procedures and judicial review. As such, greater attention needs to be paid to administrative rulemaking and planning, which have a significant impact on economics and society.
Through extensive comparative research, this book examines this increasingly important field of administrative law. It focuses mainly on Europe, analysing ten national systems including eight European Union member states, Norway, and the UK, but it also explores the legal systems of the United States and China, as well as that of a non-state entity - the European Union itself.
The questions investigated across these systems include whether administrative agencies may fetter their discretion through policy and rules, whether their rules must be published, and what remedies are available when plans adversely impact individual rights. These questions are examined through a factual analysis based on a set of ten hypothetical cases, which are discussed by national experts.
This comparative approach identifies commonalities and differences between legal systems, such as in consultation and transparency, in the rights of public service users, and in legal remedies to address rules and plans. As in other volumes in the series, both similarity and difference are essential to understanding how a 'common core' is shaped and evolves.
Part I - Common Core Research on Administrative Rulemaking and Planning 1: Giacinto della Cananea: Introduction Part II - The Legal Systems Selected for Comparison: Background and Principles 2: Stefan Storr and Sophie Praniess: Austria 3: Xiaowei Sun: China 4: Ji%rí Rajchl, Daniel Burda, and Gabriela Blahoudková: Czech Republic 5: Edoardo Chiti: European Union 6: Lilly Weidemann: Germany 7: Lilla Berkes and Balázs Szabolcs Gerencsér: Hungary 8: Leonardo Parona: Italy 9: Jacobine van der Brink, Louise Verboeket, and Veerle van Waarde: Netherlands 10: Eivind Smith: Norway 11: Rui Guerra da Fonseca: Portugal 12: Patricia Jonason and Björn Forssén: Sweden 13: John Morison and David Mark: United Kingdom 14: Jeffrey Lubbers and Giacinto della Cananea: United States of America Part III - Cases 15: Cases Part IV - Comparative Analysis 16: Angela Ferrari Zumbini: A Comparative Analysis of Administrative Procedure Legislation on Rulemaking 17: Giacinto della Cananea: Commonality and Diversity in Administrative Rulemaking 18: Roberto Caranta: Plans: In Between Rules and Decisions
Giacinto della Cananea is Professor of Administrative Law at Bocconi University, and principal investigator on the CoCEAL project. A leading authority on EU administrative law and comparative administrative law, he is the author of several monographs including The Common Core of European Administrative Laws: Retrospective and Prospective (Brill 2023), edited volumes like the Research Handbook of EU Administrative Law (Elgar, 2017), and over 150 articles and chapters. His work is cross-disciplinary, often in cooperation with historians of law, experts of international law (particularly in the field of foreign investment), and political scientists, addressing such topics as administrative procedures, judicial review, and regulation. He has been awarded an advanced grant by the ERC for this research on European administrative laws. Angela Ferrari Zumbini is Professor of Administrative Law at the Federico II University of Naples. She is the coordinator of the diachronic line of research within the ERC funded CoCEAL project. She is also the national coordinator of the German-Italian Public Law Colloquium and is a member of several international academic networks and editorial boards. She has been awarded a grant funded by NextGenEU for a comparative administrative law project on Artificial Intelligence and due process rights. Her research focuses on comparative administrative law, with a particular interest in administrative procedure, due process, judicial review, and regulation.
