The Austrian Codification of Administrative Procedure: Diffusion and Oblivion (1920-1970)

Giacinto della Cananea · Angela Ferrari Zumbini · Otto Pfersmann

Feb 2023 · Oxford University Press

About this ebook

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.

About the author

Giacinto della Cananea is a leading authority on comparative administrative law and EU administrative law. He has been awarded an advanced grant by the European Research Council for this research. His publications include several monographs including Due Process of Law Beyond the State (2016), edited volumes, and over 150 articles and book chapters on national and EU administrative law, and global administrative law. 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. 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 European Research Council funded CoCEAL project. She studied at Humboldt University and graduated from Libera Universit? Internazionale degli Studi Sociali "Guido Carli". She holds a PhD in Fundamental Freedoms and was Visiting researcher at the Georgetown Law Center. Professor Ferrari Zumbini is the national coordinator of the German-Italian Public Law Colloquium and is a member of several international academic networks and editorial boards. Her research focuses on comparative administrative law, with a particular interest in administrative procedure, due process, regulation, and administrative limits to freedom of contract. Otto Pfersmann is a widely recognised specialist in comparative public law and legal theory. His many contributions focus on questions of constitutional adjudication and revision, the relations between legal systems, the theory of interpretation and comparison, conceptions of democracy, and fundamental rights. His take on administrative law highlights the difference between systems prioritising substantive issues and those concentrating on procedural organisation and review of conformity.