Procedural standards of participation have the capacity to structure and constrain the exercise of authority. Focusing on the way decisions are formed, this paper argues that the depletion of such standards in processes of reception of trans- and international decisions within … [Read more...]

This paper explores how the use administrative discretion is affected by courts and tribunals having the power to interpret international treaties. In particular, the paper examines the impact of a distinct part of the practice of three different courts and tribunals: (1) The WTO … [Read more...]

In most Western countries liberalism meant that administrative law provided a remedy against public action that would breach the principle of the freedom of trade. But in doing so freedom of trade was a freedom among others, it had no specificity in administrative law. It was … [Read more...]

This paper deals with two of the greatest “dualisms” present in contemporary legal systems: the distinction between international law and domestic law on one hand, and the distinction between public law and private law on the other. The evolution of these two great … [Read more...]

To argue, as this contribution does, that European integration enjoys an “administrative, not constitutional” legitimacy is to take a position in obvious tension with the deeply-rooted conceptual framework—what we might call the “constitutional, not … [Read more...]