Procedural Requirements for Administrative Limits to Property Rights

Through a comparative survey spanning twelve legal systems and a transnational regime, the fourth volume in this series aims to shed light on the core of administrative activity that exemplifies the 'negative State'. Within the vast field of adjudication, the book addresses one of the most traditional sets of procedures, namely, the exercise of public powers affecting property rights. Following the method adopted in the CoCEAL project, this volume takes the fundamentals of expropriation in a given legal order as its starting point and examines various cases. The main requirements for property rights deprivations and restrictions are presented through national reports and discussed through hypotheticals, while the comparative analysis focuses on procedural propriety and fairness. This book is divided into three parts. The first part introduces the project and the topic. The second part covers the legal systems chosen for this study. The third goes on to present a synchronic comparison across systems, highlighting the relationship between shared and distinctive traits, with a view to the way supranational and international rules increasingly supplement municipal regimes. The concluding chapter discusses the current regime on public regulation of property in contemporary administrative systems.

Auteur

Martina Conticelli is Professor of Administrative Law at Tor Vergata University of Rome. She is a member of the European Group of Public Law (EGPL), the Research Network on EU Administrative Law (ReNEUAL), and the Transnational Administrative Law Network. She coordinated the Tor Vergata Unit within the CoCEAL ERC project, and has taken part in numerous Jean Monnet activities. She has been Jemolo Fellow at Nuffield College (Oxford) and visiting researcher/invited speaker in Canada, Finland, France, Greece, and Spain. Her recent research has focused on expropriation, regulatory takings, health care, and procedural requirements in national administrative procedures, as well as European and global ones. Thomas Perroud is Professor of Public Law at Panthéon-Assas University and Humboldt Fellow (Experienced Researcher). He was previously Professor at Aix-Marseille University, and Assistant Professor at Paris-Est University, and Lecturer at Sciences Po. He holds a Ph.D. in Public Law from the Sorbonne Law School and a Ph.D. in Law from Warwick University (the thesis was awarded three prizes). In 2013 he was Visiting Researcher at Yale Law School and Deputy Director of the Yale Comparative Administrative Law Initiative. His research interests are in the field of comparative administrative law specializing in regulation, policy-making, and administrative procedure.