scholarly journals Przyszłość form konsensualnych w postępowaniu administracyjnym

2019 ◽  
pp. 53-73
Author(s):  
Joanna Wegner
Keyword(s):  
Public Interest ◽  
Subject Matter ◽  
European Countries ◽  
The Public ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Returning To Work ◽  
The Individual ◽  
Administrative Proceedings ◽  
Made In

The article presents the institution of an administrative agreement from the perspec-tive of legal solutions in force in selected European countries. The increase in the number and diversity of tasks performed by the administration and the multitude of conducted proceedings encourage the search for alternative forms of settling a case in relation to an administrative decision. The administrative agreement is one of them. The analysis of foreign regulations confirms that the institution in question belongs to the modern procedural laws. The scope of regulation varies, as do the individual solutions concerning the admissibility and mode of concluding the contract, its subject matter, the mechanisms for removing defects, the grounds for contestability of the contract and its enforceability. It turns out that in individual European orders two patterns of regulation dominate: French and German, although they are subject to significant modifications. The performance of certain public tasks by private parties on the basis of an administrative agreement provides for certain guarantees not only for the parties to the agreement but also for the beneficiaries of those tasks. This particular type of contract allows adequate protection of the public interest. The prevalence of the administrative agreement in Europe prompts the author to formulate a conclusion on the need to include this institution in the home system. The attempt made in the 2017 reform of the Administrative Procedure Code to include in it an administrative agreement was unsuccessful. The provisions on an administrative agreement that were then drafted were intended to give a deeper meaning to mediation, a new institution in administrative proceedings, which is currently not popular. Mediation was to precede the conclusion of an administrative agreement. However, there are no significant obstacles to returning to work on the regulation of this institution, which is so widely used in other European countries, and which is clearly lacking in its home Code

Final Report of the Attorney General's Committee on Administrative Procedure

1941 ◽  
Vol 35 (3) ◽  
pp. 501-506
Author(s):  
James Hart
Keyword(s):  
Attorney General ◽  
Final Report ◽  
The Public ◽  
Administrative Procedure ◽  
Private Interests ◽  
Public Hearings ◽  
Administrative Procedures ◽  
The Individual ◽  
Administrative Proceedings ◽  
Rule Making

What is undoubtedly the most thorough and comprehensive study ever made of Federal administrative procedure was completed with the submission to the Attorney General, in a letter dated January 22, 1941, of the final report of the Committee named. In its investigation and report, the Committee confined its attention to those Federal agencies that substantially affect private interests by their powers of rule-making and adjudication. To the study of their procedures, it assigned a staff of lawyer-investigators, which produced 27 mimeographed monographs, 13 of which have been printed as Sen. Doc. No. 186, 76th Cong., 3d Sess. In its interim report of January 31, 1940, the Committee thus described the methods being employed in the preparation of these monographic studies: “They have involved extended interviews with officials and employees of the agencies involved, with members of the public affected, and with attorneys who have represented clients before these agencies. Members of the Committee's staff have attended numerous hearings and other administrative proceedings as observers, and have closely examined the files of the agencies to discover the methods utilized in disposing of matters arising under the various statutes and regulations. Upon the completion of these investigations, the staff has prepared for the study of the Committee a preliminary report upon each agency, discussing in detail its administrative procedures. The report has been given to the officers of the affected agency for their consideration and comment. Thereafter, the full Committee has met with the agency's officers to discuss with them the facts and problems disclosed by the report.” (Final Report, pp. 254–255). The Committee held public hearings in June and July, 1940. In Chapter IX of its final report, it presents recommendations concerning a number of the individual agencies studied; and in Appendices B through M, it summarizes data collected on significant topics.

scholarly journals The Service of Documents in Administrative Procedural Law – A Comparative Analysis

2018 ◽  
Vol 16 (2) ◽  
pp. 109-131
Author(s):  
Ines Golob
Keyword(s):  
Comparative Analysis ◽  
Public Interest ◽  
Comparative Research ◽  
Case Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Different Types ◽  
Uniform Manner ◽  
Administrative Proceedings

This article presents a comparative and empirical analysis of the service or the delivery of documents in procedures, as the key procedural action to constitute legal effects in legal relationships. In Slovenia, service is largely defined by the three main procedural laws – the General Administrative Procedure Act, the Criminal Procedure Act, and the Contentious Civil Procedure Act. These relate to different types and specifics of relationships; for instance, in administrative proceedings, the public interest prevails over private ones. The presented research, applying predominantly normative and comparative methods and analysis of case law, aims to show the importance of the specificity of the different areas and of the rules of service in different proceedings. The results of the research suggest that in certain cases service should be regulated in a uniform manner. Yet the specific aims of various legal relations require individual solutions. Thus, the article opens up grounds for future comparative research and practical regulatory improvements.

scholarly journals Zasada in dubio pro libertate w przepisach kodeksu postępowania administracyjnego

2017 ◽  
pp. 57-73
Author(s):  
Joanna Smarż
Keyword(s):  
General Principle ◽  
The State ◽  
Practical Significance ◽  
Administrative Procedure ◽  
Procedure Code ◽  
The Individual ◽  
Administrative Proceedings

The provisions of the Act of 7 April 2017 amending the Act - Administrative Procedure Code and some other acts, made significant changes to the Act on the Administrative Procedure Code. The purpose of this amendment was to change the perception of the administration from a position of power to a more friendly interest, to implement the principle of citizens’ trust to the state authorities. Important practical significance in this scope is to meet the new general principle of ,,friendly interpretation of law” (in dubio pro libertate) introduced in the added Article 7a of Administrative Procedure Code and a new rule for resolving doubts in favor of the party added in Art. 81a of Administrative Procedure Code, which relates to evidence. Both principles are to protect the individual from the imperious ruling authority, which in case of doubt, their weight and consequences often throws them at the side, as the weakest subject of the administrative relationship. In the light of both regulations, in case of doubts as to whether the provisions are properly interpreted or factual, the authority is obliged to resolve the dispute in favor of party to the administrative proceedings.

scholarly journals Simplification of Administrative Procedure on the Example of the Czech Republic, Poland, Slovakia, and Hungary (V4 Countries)

2021 ◽  
Vol 11 (1) ◽  
pp. 9
Author(s):  
Lukáš Potěšil ◽  
Krisztina Rozsnyai ◽  
Jan Olszanowski ◽  
Matej Horvat
Keyword(s):  
Czech Republic ◽  
Research Methods ◽  
Public Interest ◽  
Legal Regulation ◽  
European Countries ◽  
The Czech Republic ◽  
The Public ◽  
Administrative Procedure

The article deals with the idea of simplification of administrative procedure on the example of legal regulation that can be found in Poland, Slovakia, the Czech Republic, and Hungary. This legal regulation comes from the same or similar evolution and legal conditions. General legal regulation of administrative procedure is represented by so called Code of Administrative Procedure. Existence of such code in all mentioned countries might be regarded as a first step towards simplification. Using research methods—dogmatic, normative, and, namely, comparative—the article examines concrete examples of simplification in mentioned countries that have similar approaches in solving this demand. This article mentions possible views (or addressees) on the need of simplifications as well as possible limits of this issue. In this sense, the protection of the public interest and protection of rights of individuals presents certain limitations to simplification. Legal regulation of administrative procedure is complicated. Although each legal regulation is in detail specific, we can find some common solutions in particular legal regulation of simplifications. Such results of this article might be useful (not only) for further comparison in European countries.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

scholarly journals Domniemania i fikcje prawne w ogólnym postępowaniu administracyjnym. Wybrane zagadnienia

2019 ◽  
Vol 28 (4) ◽  
pp. 125
Author(s):  
Maciej Podleśny
Keyword(s):  
Subject Matter ◽  
Administrative Procedure ◽  
Objective Truth ◽  
The Subject ◽  
Administrative Proceedings ◽  
Legal Fictions ◽  
The Impact

<p class="Standard">The subject of the article was to discuss the institutions of presumptions and legal fictions applicable in the general administrative procedure. Due to the complexity of the problem, the author has attempted to only analyse selected issues relating to the subject matter hereof. The study identifies situations in which the discussed institutions are established, describes their substance, function and the objective for which they were introduced. The impact presumptions and legal fictions on the validity of objective truth in the course of administrative proceedings have been demonstrated and the values underlying their introduction to the Code of Administrative Procedure have been discussed.</p>

scholarly journals ADMINISTRATIVE AND LEGAL INSTRUMENTS FOR ENSURING THE IMPLEMENTATION OF STATE POLICY IN THE FIELD OF EUROPEAN INTEGRATION OF UKRAINE

2019 ◽  
pp. 78-83
Author(s):  
E. O. Kazmiryshyn
Keyword(s):  
Civil Society ◽  
European Integration ◽  
Public Administration ◽  
State Policy ◽  
Scientific Literature ◽  
The Public ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Research Problems ◽  
Stated Purpose

The article is devoted to determining the list of administrative and legal instruments for ensuring the implementation of state policy in the field of European integration of Ukraine. In order to achieve the stated purpose, it seems necessary to solve the following research problems: 1) to analyze the domestic scientific literature devoted to understanding the category of “administrative and legal instruments” or its analogues; 2) identify the types of administrative and legal instruments used by public administration entities in implementing state policy in the field of European integration of Ukraine; 3) to specify the prospects of expanding the list of administrative and legal instruments that public administration entities may use in implementing state policy in the field of European integration of Ukraine. As a result of the study the following conclusions are reached: they use the appropriate administrative and legal instruments to perform the tasks assigned to the subjects of the public administration of Ukraine involved in the implementation of state policy in the sphere of European integration of Ukraine. The conducted research allows to state that the specifics of this direction of state policy of Ukraine determines their insignificant list. These include: by-laws, planning acts and information acts; the necessity of introducing a clear procedure for involving civil society institutions and interested individuals in developing, discussing and monitoring the implementation of state policy plans in the field of European integration of Ukraine has been proved. The procedure for such involvement should be defined at the level of the Administrative Procedure Code of Ukraine; the necessity of expanding the list of administrative and legal instruments used by the public administration of Ukraine in implementing state policy in the field of European integration of Ukraine is substantiated. Their extension is possible, for example, through the involvement of administrative contracts, in particular: subordination and coordination administrative agreements. They could become the legal basis for the interaction of public administration entities of Ukraine, as well as subjects of national public administration and local self-government bodies or civil society institutions in particular areas of implementation of state policy in the field of European integration of Ukraine.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

scholarly journals In the name of the public: Representatives of collective and wider interest of the public in administrative matters in Serbia

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Legal Framework ◽  
Interested Party ◽  
The Public ◽  
Administrative Procedure ◽  
Active Approach ◽  
Legal Provisions ◽  
Direct Indication ◽  
Administrative Procedures

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.

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