A few Problems of Non-Litigious administrative Procedure in Comparative Administrative Law Proposed Reforms and Trends of Opinion
| DOI | 10.1177/002085235902500110 |
| Author | Georges Langrod |
| Date | 01 March 1959 |
| Published date | 01 March 1959 |
| Subject Matter | Articles |
i
Summaries
of
Articles
published
in
French
and
Spanish
A
few
Problems
of
Non-Litigious
administrative
Procedure
in
Comparative
Administrative
Law
Proposed
Reforms
and
Trends
of
Opinion
by
Georges
LANGROD,
Research
Officer
at
the
Centre
National
Français
de
la
Recherche
Scientifique,
Honorary
Professor
at
the
University
of
the
Saar.
1
This
article
is
intended
to
supplement
that
i
by
the
same
author
in
No.
3/1956
of
the
I
Review,
and
the
many
contributions
that
have
appeared
on
the
same
subject
in
these
i
columns.
It
discusses
the
state
of
the
problem
in
Switzerland,
Italy,
Spain,
Poland
and
i
Sweden.
The
purpose
of
the
examination
is
a
discussion
of
principles
which
are
everywhere
slowly
compelling
recognition,
as
a
result
of
I
administrative
action
itself,
whether
they
are
codified
or
not.
That
is
a
general
feature
of
i
the
evolution
of
administrative
legal
thought,
I
independently
of
any
political,
economic
or
so- ;
cial
system.
,
1.
Switzerland
/
The
question
has
been
approached
theoreti-
cally
from
various
angles
since
1945.
One
trend
of
opinion
represented
by
Professor
Max
Im-
/
boden
of
the
University
of
Basle,
appears
to
I
have
practical
consequences.
Its
aim
is
a
co- ;
dification
of
general
administrative
procedure,
the
principles
of
which
might
have
been
deriv-
ed
from
jurisprudence,
had
jurisprudence
ful- !
i
filled
its
task.
The
codification
-
as
regards
I
its
principles,
limitations
and
balance
-
would
be
adapted
to
the
special
requirements
of
ad-
I
ministrative
action.
Professor
Imboden
em-
phasizes,
as
guiding
general
lines,
the
principles
of
access
to
the
documents
of
the
other
party,
the
right
to
be
heard,
and
the
right
to
oral
and ;
direct
procedure
in
the
principal
stages.
It
&dquo;
must
be
noted,
moreover,
that
the
same
writer
was
made
responsible,
in
September
1956,
at
the
request
of
the
Federal
Department
of
Jus-
tice,
Berne,
for
preparing
a
detailed
draft
Fe-
deral
Administrative
Procedure
Bill,
which
is
being
discussed
by
a
government
commission.
The
document
is
still
confidential,
but
indica-
tes
a
very
definite
trend
of
legal
theory
and
studies
towards
codifying
legislation
relating
to
cases
before
administrative
tribunals.
2.
Italy
_
In
No.
2/1958,
a
survey
was
published
of
the
Administrative
Procedure
Bill,
to
which
we
shall
only
refer
very
briefly.
The
Italian
theorists
have
discussed
the
various
theoretical
and
practical
aspects
of
non-litigious
adminis-
trative
procedure,
and
several
books
have
been
written
on
the
subject.
The
work
of
Professor
Feliciano
Benvenuti
is
particularly
note-
worthy.
He
has
formulated
an
interesting
theory
of
administrative
procedure
based
on
the
« functional
Jt
conception
of
administra-
tion,
the
administrative
« function
a being
here
taken
in
the
sense
of
its
action
viewed
from
the
technical
angle,
of
power
being
material-
ised
in
administrative
acts.
This
function
assumes
external
procedural
forms,
the
selec-
tion
of
which
is
dictated
by
considerations
of
expediency.
According
to
Professor
Benve-
nuti,
the
procedural
phenomenon
might
be
described
as
having
objective
factors
(opera-
tion)
and
subjective
factors
(co-operation
of
persons
distinct
from
the
author
of
the
act).
The
solution
to
the
problem
should
be
found
by
combining
the
factors.
That
is
only
one
example
of
a
profuse
and
in
places
typical
theory
without
which
the
problem
of
non-
litigious
administrative
procedure
cannot
now-
adays
be
studied.
There
is
every
reason
to
hope
that
the
same
source
will
supply
con-
tinuous
improvements.
It
is
second
only
to
Spanish
theory
and
occupies
one
of
the
first
places
in
the
literature
on
the
subject
in
the
Romance
languages.
In
the
sphere
of
legislation,
a
bill
which
has
already
been
examined
here
has
been
publish-
ed.
Although
it
has
lapsed,
Italy
will
proba-
To continue reading
Request your trial