Transforming Administrative Procedure, 2008

Authors: Eberhard Schmidt-Aßmann, Hans-Christian Roehl, Francisco B. López-Jurado, Ricardo García Macho, José María Rodríguez de Santiago, Peter Strauss, Jens-Peter Schneider, Luciano Parejo Alfonso and Javier Barnes

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Reform and Innovation of Administrative Procedure.
Javier Barnes
Structures and Functions of Administrative Procedures in German, European and International Law.
Eberhard Schmidt-Assmann
Procedures in the European Composite Administration.
Hans Christian Röhl
Risk Management Administrative Procedures.
Francisco B. López-Jurado Escribano
Administrative Procedure and the Information and Knowledge Society.
Ricardo García Macho
Collaboration among Public Administrations through Domestic Administrative Procedure
Javier Barnes
Towards a New Concept of Administrative Procedure: the Provision of Health Services.
José María Rodríguez de Santiago
US Rulemaking
Peter L. Strauss
The development of German APA’s Standard Procedure: Towards a Comprehensive Procedural Concept.
Jens-Peter Schneider
Administrative Procedure in Spain: Current Situation and Perspectives on Change.
Luciano Parejo Alfonso
Implications of the Law on Administrative Procedure for Generating Knowledge in Public Administration.
Winfried Kluth & Jana Nuckelt
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Many national procedural laws are out of date, as they fail to recognize the new modes and methods of governance, and are still based on an antiquated approach to procedure akin to traditional “courtroom” processes. More importantly, they do not reflect current administrative activities: they either lack any provisions for rulemaking, or the provisions that do exist are incomplete or superannuated. Furthermore, the first-generation statutes on administrative procedure say little or nothing about informal, international, or private actions of the administration.

The new strategies of regulation and governance require new procedural mechanisms and rules that are much more collaborative, flexible, and informal than those now in use in traditional hierarchical models of regulation. Administrative procedures must promote openness, citizen and interagency participation, accountability, effectiveness, and coherence in governance. Furthermore, the proper development of constitutional requirements, particularly those derived from and necessary to democracy and the rule of law, must be embedded in these new methods of regulation. Beyond these questions lies a more fundamental issue: the new face of administrative procedure should be understood as a system facilitating the exchange of information and communication between agencies and citizens, not merely a decision-making process or a tool of application and enforcement of the law.

Procedure, as an institution, embodies the status quo of public law in any given time or place. It shows where the citizen stands before the administration and how different public bodies interact among themselves. Procedure is one of the basic building blocks of today’s administrative law. It is the first to be affected in times of transition because it is effectively “the way administrative law is made a reality.” As a result, an institution so fundamental must be subject to constant legislative and theoretical revision. The importance of procedure has only increased with the advance of time.