Procedural requirements for administrative limits to property rights / edited by Martina Conticelli and Thomas Perroud.

Format:

Book

Contributor:

Conticelli, Martina, 1974- editor.

Perroud, Thomas, 1978- editor.

Series:

Common core of European administrative laws.

The common core of European administrative laws

Language:

English

Subjects (All):

Property.

Comparative law.

Physical Description:

1 online resource (401 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2022.

Summary:

Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume addresses one of the most traditional sets of procedures, namely the exercise of public powers affecting property rights. It provides a synchronic comparison of legal systems across the EU, US, and regimes beyond the State.

Contents:

Cover

Series

Procedural Requirements for Administrative Limits to Property Rights

Copyright

Contents

Detailed Table of Contents

List of Abbreviations

Table of Cases

Table of Legislation

Essential Provisions

List of Contributors

PART I INTRODUCTION: A COMMON CORE

1. Property Rights and Administrative Limits: A Procedural Perspective

I. The object of this research in context

II. Property matters

III. Setting boundaries

IV. The concept of procedural fairness in protecting property rights

V. In search of the 'common core'

A. A 'common core' research

B. A 'factual' analysis

C. The legal systems selected for our comparison

D. The structure of this book

Part II THE LEGAL SYSTEMS SELECTED FOR COMPARISON: LAW, ADMINISTRATION, AND PROCEDURES

2. Procedural Requirements for Administrative Limits to Property Rights in Belgium

I. Is there any constitutional provision or convention concerning land expropriation in the traditional sense (ie the forced transfer of ownership ordered for reasons of general interest) in the cases provided for by the law, and with provisions for compe

II. Is there any constitutional provision or convention concerning limitations to property rights in the broad sense? If not, please elaborate.

III. How are competences regarding expropriation distributed among different levels of government (ie in regional, federal, or confederal states)?

IV. Please include a brief description of the procedure, listing the formal acts necessary for an expropriation. What is the relationship between urban planning procedures and expropriation? When is an environmental impact assessment needed?.

V. What are the consequences of a court finding that an expropriation is unlawful on the grounds of substance and/​or of process? Is it merely annulled, or are there other consequences, for example the award of damages?

VI. Is there any difference between expropriation and nationalisation?

3. Procedural Requirements for Administrative Limits to Property Rights in France

IV. Please include a brief description of the procedure, listing the formal acts necessary for an expropriation. What is the relationship between urban planning procedures and expropriation? When is an environmental impact assessment needed?

V. What are the consequences of a court finding that an expropriation is unlawful on the grounds of substance and/​or of process? Is it merely annulled, or are there other consequences, for example the award of damages?

4. Procedural Requirements for Administrative Limits to Property Rights in Germany

I. Is there any constitutional provision or convention concerning land expropriation in the traditional sense (ie the forced transfer of ownership ordered for reasons of general interest) in the cases provided for by the law, and with provisions for compe.

II. Is there any constitutional provision or convention concerning limitations to property rights in the broad sense? If not, please elaborate.

5. Procedural Requirements for Administrative Limits to Property Rights in Italy

6. Procedural Requirements for Administrative Limits to Property Rights in the Netherlands

7. Procedural Requirements for Administrative Limits to Property Rights in Poland

8. Procedural Requirements for Administrative Limits to Property Rights in Portugal

V. What are the consequences of a court finding that an expropriation is unlawful on the grounds of substance and/​or of process? Is it merely annulled, or are there other consequences, for example the award of damages?.

Notes:

This edition also issued in print: 2022.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on November 1, 2022).

ISBN:

0-19-263767-3

0-19-190435-X

0-19-263766-5