Public and administrative law 86 results

Worldwide, children face significant health risks. The right to health of the child offers insight into the ways in which these risks should be mitigated. However, the concept of ‘the highest attainable standard of health of the child’ as laid down in article 24 of the Convention on the Rights of the Child remains unclear.

When buying goods or services on behalf of a public authority, procurement officers must translate the buyer’s needs into tender documents that are clear, lawful, and well-designed. This guide helps them in this task. Rich in practical examples, it is written for procurement practitioners at all levels of government – from the local to the international – including drafters of calls for tenders, controllers, tender evaluators, managers who authorize public expenditure, risk managers and auditors, as well as for students of public procurement law and public administration.

This book aims to provide stakeholders – students, but also academics, practitioners, civil servants, and consumers - with a better knowledge of the EU rules on public procurement and State aid. By treating these two legal fields in one volume, the book also intends to draw attention to the largely unexplored links and interfaces between public procurement and State aid rules.

Millions of people worldwide lack adequate access to medicines, particularly in developing countries. This book focuses on one aspect of access to medicines: the affordability of essential medicines, and its connection to human rights and patents.

Although the protection of individuals’ interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to conflicts between the two institutions and can affect their relations, and therefore needs coordination.

In this book Hannah Kruimer analyses the application of the legal principle of non-discrimination in the context of energy network operation.

This fourth volume of the ELRF book “EU Energy Law and Policy Issues”presents an overview of some of the most recent developments taking place in the EU energy law and policy sector.

Is it necessary and just that parliamentarians are immune from legal action? If so, to what extent is such immunity justified and which purpose does it serve? These questions touch the very core of constitutional law. This book contains a comprehensive study of parliamentary immunity in the United Kingdom, France and the Netherlands.

This book offers a unique overview of the main legal systems of administrative sanctions with thorough analyses of the administrative law sanctioning systems in 13 Member States and the European Union. The focus is on both remedial and deterrent sanctions in administrative law.

‘National constitutional identity’ has become the new ‘buzz word’ in European constitutionalism over the past few years. Much has been written about the concept. This collection brings together a series of contributions from the perspective of both scholars and judges in order to shed some light over the dark corners of constitutional identity. To this end a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts.

This book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms, to both prevent and compensate for ecological damage.

The energy and climate change challenge is one of the greatest tests which the EU and its Member States are facing. The need to deliver the triple objectives of the EU’s energy policy, namely a competitive, secure and sustainable energy supply, is stronger than ever. This book analyses whether the current EU regulatory framework for energy law and policy suffices to address the triple objectives of the EU’s energy policy, or by contrast, whether changes to that framework are needed.

In this book, the authors analyse the ambiguity of the notion of security and its tendency to expand and affect simultaneously different fields of law. More specifically, they address the militarisation of the fight against terrorism, the distinction between administrative and penal sanctions, the limits of intelligence activities and the scope of criminalisation.

Constitutional review has not only expanded geographically; it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance.

This book examines the enforcement of occupational health and safety (OHS) regulation from the perspective of law and economics. It starts with an extensive survey of the economic literature on regulation and enforcement and subsequently provides an overview of the international legal framework for OHS enforcement..

The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. This book analyses the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distils the elements that can be expected to play a role in the assessment of such cases.

The European Energy Law Report IX presents an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 24th European Energy Law Seminar in 2011.

Recently the ECJ has been criticized by leading politicians, national judges and legal academics for unduly extending the scope of EU law and overstepping its own jurisdiction, to the detriment of the reserved competences or (more broadly) the political autonomy of the member states. This volume seeks to address this question from a scholarly perspective, by collecting and confronting the views of leading specialists of EU law examining the ECJ’s recent role.

This book examines the question why – from an economic perspective – society should enforce certain violations through criminal law, while others through private or administrative law.

This third volume of EU Energy Law and Policy Issues presents an overview of some of the most recent developments taking place in the EU energy sector at a time when the Third Energy Package is likely to be or has been implemented in the EU Member States. In this respect, the reader will find a number of contributions which offer detailed and critical views on some of the main issues tackled by the Third Energy Package