
Contents
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I. The General Relationship between the CoE and Austria I. The General Relationship between the CoE and Austria
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1. The Main Austrian Perspective during the Cold War: Security 1. The Main Austrian Perspective during the Cold War: Security
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2. The Specific Role of the ECHR 2. The Specific Role of the ECHR
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3. The Role of the Congress of Local and Regional Authorities 3. The Role of the Congress of Local and Regional Authorities
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4. Prospects of Austrian Activities in the CoE 4. Prospects of Austrian Activities in the CoE
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II. Other CoE Conventions ratified by Austria II. Other CoE Conventions ratified by Austria
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III. Pan-European General Principles of Good Administration and Austrian Administrative Law III. Pan-European General Principles of Good Administration and Austrian Administrative Law
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1. Austria’s Domestic Principles of Administrative Law versus the CoE’s Focus on ‘Access to Court’ 1. Austria’s Domestic Principles of Administrative Law versus the CoE’s Focus on ‘Access to Court’
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2. Austria and the Recommendations of the Committee of Ministers on Administrative Law 2. Austria and the Recommendations of the Committee of Ministers on Administrative Law
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3. Austria and the ECtHR’s Case Law on ‘Good Governance’ 3. Austria and the ECtHR’s Case Law on ‘Good Governance’
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4. Direct Application of the Pan-European General Principles of Good Administration ‘faute de mieux’ 4. Direct Application of the Pan-European General Principles of Good Administration ‘faute de mieux’
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IV. Conclusion IV. Conclusion
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List of Austrian Abbreviations Used in this Chapter List of Austrian Abbreviations Used in this Chapter
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12 The Austrian Perception of the Council of Europe: With Particular Regard to Administrative Law
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Published:September 2020
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Abstract
This chapter explores the impact on Austrian administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). It reveals that the standards of individual protection stemming from the European Convention on Human Rights have greatly influenced the system of administrative justice in Austria. The impact of other CoE sources, especially various recommendations on administrative law, remains rather limited due to their high tension with the (constitutional) principle of legality. The chapter concludes that a widening gap in the relationship between the CoE and Austria can be discerned, partially because of the changing priorities of the latter and the ever-growing influence of the European Union.
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