scholarly journals Režimy správního práva

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 61-76
Author(s):  
Josef Staša
Keyword(s):  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
Point Of View ◽  
European Law ◽  
Specific Content ◽  
Administrative Regulation ◽  
Multilateral Regimes

The administrative law regime means a typical legal construction, which expresses the way of connecting an administrative law norm with this norm anticipated administrative law relationship through a certain legally significant fact. From the point of view of public administration addressees, it is appropriate to differ regimes of granting rights and regimes of imposing obligations primarily. Many regimes have a superstructure (secondary) nature, they assume the earlier existence of other (primary) rights and obligations. In addition to unilateral regimes, there are also bilateral or multilateral regimes of administrative law, which are an expression of cooperation in connection with the performance of public administration. From the point of view of public administration bodies, it is possible to distinguish several (administrative) regimes of exercise of their competence (powers). A kind of complement is the regimes that determine the boundaries of administrative regulation (between public law and civil law; between national law and European law). The application of some regimes or their combination typically results in the general administrative law concepts (= the tangles of administrative law norms cemented by the need and effort to solve certain idealized situations, deprived of their specific content). The research of administrative law regimes may perhaps contribute to a more plastic and systematic doctrinal characterization of material administrative law.

PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Public Administration ◽  
Private Property ◽  
Civil Law ◽  
Public Law ◽  
Point Of View ◽  
Management Decision ◽  
Public Property ◽  
Procedural Basis

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

Verwaltung zwischen Gestaltung, Transparenz und Kontrolle

2019 ◽  
Keyword(s):  
Public Participation ◽  
Public Administration ◽  
70Th Birthday ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Short Introduction ◽  
Philosophical Perspective ◽  
Procedural Law ◽  
Key Issues

The present volume combines contributions to the symposium on the occasion of Ulrich Ramsauer’s 70th birthday, acknowledging his activity in the fields of public law, especially environmental law and planning regulations, administrative procedural law and public administration, which has lasted more than 40 years. The contributions deal with key issues in the current discussion in administrative law: accelerated proceedings (Peter Wysk), public participation (Hans-Joachim Koch) and Europeanisation (Jörg Berkemann). In his introduction, Ivo Appel presents a short introduction to the concept of administrative legal science as a managing science. The contribution by Jochen Wagner offers an overarching thematic connection from a philosophical perspective, titled “Integration through friendship”. At the same time, he considers integration as one of the essential responsibilities of the state today.

scholarly journals Brazilian Administrative Law: influences, Characteristics and recent changes

2018 ◽  
Vol 5 (2) ◽  
pp. 1-20
Author(s):  
Irene Patrícia Nohara
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Administrative Law ◽  
Public Law ◽  
Law System ◽  
The Public ◽  
Deductive Method

The present article aims to expose, using the hypothetical-deductive method, the origins and influences of Brazilian Administrative Law. It is a descriptive article that focuses on the main characteristics of the discipline, belonging to the branch of public law. It also seeks to address recent changes to provide an up-to-date overview of the Brazilian Administrative Law system. It tries to explain how the new institutes and the reforms in the matter contribute to the functioning of the Public Administration.

scholarly journals Civil-Law Partnership in the System of Counteracting Money Laundering and Terrorism Financing (AML/CFT)

2020 ◽  
Vol 4 (1) ◽  
pp. 167-176
Author(s):  
Kamil Majewski
Keyword(s):  
Money Laundering ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Detailed Characterization ◽  
Legal Subjectivity ◽  
Terrorism Financing

This article addresses the problems of legal status of the so-called civil-law partnership, as specified in Art. 860 § 1 of the Polish Civil Code, from the point of view of performing the obligations in the area of counteracting money laundering and terrorism financing. First, the author provides a detailed characterization of this civil law institution and resolves that the civil-law partnership does not have legal subjectivity separate from its partners, and then points to the consequences of the above facts in the area of counteracting money laundering and terrorism financing. In conclusion, the author formulates a general conclusion that the obligations in respect of counteracting money laundering and terrorism financing, including financial safeguards, should be applied to the civil-law partnership partners, as customers in the understanding of Art. 2(2) item 10 of the Polish AML Act.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law

2017 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Enforcement ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Market Abuse ◽  
Annotated Guide ◽  
Market Abuse Directive

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.

Law, Judicial Review, and Formal Models of the Regulation Game: A Comment on de Figueiredo & de Figueiredo

2002 ◽  
Vol 4 (2) ◽  
pp. 183-185
Author(s):  
Jason Scott Johnston
Keyword(s):  
Interest Groups ◽  
Political Science ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
Formal Models ◽  
Allocation Of Resources ◽  
Administrative Regulation ◽  
Regulatory Incentives

In “The Allocation of Resources by Interest Groups: Lobbying, Litigation and Administrative Regulation,” (hereafter referred to as LLAR), John and Rui de Figueiredo make an important contribution to our understanding of how interest groups choose between lobbying and litigation strategies in the regulation game. Their work demonstrates the value of formally modeling the regulation game by distinguishing between lobbying and litigation. Drawing upon my own related work, in this brief comment I will focus upon some of the implications of formal models of lobbying and litigation for our understanding of how regulatory incentives are affected by judicial review and alternative statutory regimes. I hope to atleast suggest that in addition to illuminating many crucial issues in political science—such as the theory of lobbying and theories of political disadvantage—the sort of approach taken by the de Figueiredos has great significance for the analysis of some fundamental issues in administrative law and public law more generally.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

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