COCEAL is a new comparative research concerning European administrative laws. The central issue that it addresses is whether, despite the innumerable differences between the various systems of administrative law, there are not only some similarities between them, but also some “common and connecting elements” – that is, a ‘common core’ – which operate at different levels, including the values served by administrative law, the general principles of law of which the courts and other agencies must ensure the respect and, last but not least, the forms of action that are used by public authorities in the discharge of their functions and powers, including adjudication and rule-making, as well as their contractual activity.
This issue is important for society for two reasons, that related but distinct. First, especially after the rise of the ‘positive’ State almost every area of social and economic activity is subject to government action in one form or another. There is virtually no individual or collective interest that is not affected by it. It is important, therefore, to compare the powers and procedures of the administration, as well as legal remedies, in a variety of legal systems in order to ascertain their common and distinctive traits. Second, comparing administrative laws is particularly important in the European legal area because this is characterized not only by the existence of supranational organizations – the European Union and the Council of Europe – that are based on some common values, but also by the administrative system of the EU, with its particular enforcement mechanisms and procedures.
In this context, our research has two main goals. First, we seek to promote a better understanding of administrative law through a methodological shift, in the sense of moving away from the mere juxtaposition of national legal systems to legal comparison. We have thus elaborated a “factual method”, based on hypothetical cases, that partly reflects the work that has been done in the field of private law in the last twenty-five years and partly adjusts it to the field of public law. The second goal is to promote an advancement of knowledge with regard to an increasingly important part of administrative law; that is, administrative procedure.
