The Austrian Legacy

Abstract

AbstractThe concluding chapter discusses both the originality and significance of the research findings. First, the enquiry focuses on three aspects which have not been valued highly enough by previous studies concerning the spread of administrative procedure legislation after the Austrian codification of 1925, namely the variety of factors that determined the Austrian turning point, the rapid diffusion of the new ideas and institutions, and their durability, despite regime change after 1945. Second, and more importantly from the perspective of the ‘common core’, the chapter discusses the role of administrative procedure within legal systems which adopted administrative procedure legislation. It shows that between them, the area of agreement was even broader and more significant than was commonly believed. It also discusses the relevance of negative findings concerning the legal systems that did not opt for one type of administrative procedure legislation or another. Lastly, it argues that if the development of administrative law in Europe owes much to France for its shaping of judicial review through special courts, its consolidation owes much to Austria due to its inclination towards the codification of administrative procedure.