scholarly journals Non-ruling forms of activity of public administration in administrative enforcement proceedings

2021 ◽  
Vol 26 (5) ◽  
pp. 229-242
Author(s):  
Joanna Radwanowicz-Wanczewska ◽  
Nicola Fortunato
Keyword(s):  
Public Administration ◽  
Labor Law ◽  
Administrative Law ◽  
Public Law ◽  
Tax Law ◽  
Administrative Authority ◽  
Democratic State

Abstract The article contains an analysis of the issues related to the application of non-ruling forms of activity of public administration in the performance of public law obligations through administrative enforcement proceedings. In principle, as part of such proceedings, public law obligations, understood as orders or prohibitions within the area of administrative law and other branches of law applied by administrative authorities (tax law, financial law, labor law), are carried out. Non-ruling forms of activity play a major role in administrative enforcement proceedings. The implementation of an enforcement measure may be related to authorized entities taking not only ruling, but also non-ruling actions. In order to apply an enforcement measure (which constitutes an institutionalized form of administrative compulsion), an administrative authority, on occasion, has to take non-ruling activities. Considering, primarily, the significant severity of the compulsion measures that may be applied towards the party obliged under enforcement proceedings, this proceedings should be carried out with respect for the values of a democratic state and with due care for the good of an individual.

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 The Civil Service Law System in Poland – Selected Issues

2018 ◽  
Vol 3 (1) ◽  
pp. 16-25
Author(s):  
Wojciech Drobny
Keyword(s):  
Civil Service ◽  
Service System ◽  
Labor Law ◽  
Administrative Law ◽  
Public Law ◽  
Historical Background ◽  
Private Law ◽  
Law System

The article refers to the topic of civil service law in Poland. It describes the organization of civil service system in comparison to other international solutions and it gives the historical background of how it has been evolving so far. Particularly it refers to the elements of its regime, the position and duties of the Polish Head of the Civil Service and rights and duties of the civil service corpus’ members. The author claims that the changes taking place in the area of this part of law are due to the domination of private law (labor law) over public law (administrative law). This tendency currently prevails in the western legislation.

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.

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’.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals O substancialismo jurídico na administração pública concretista de direitos fundamentais: a juridicidade administrativa como instrumento de justiça constitucional | Legal “substantialism” in public administration concretist of fundamental rights: The administrative legality as a constitutional instrument of Justice

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 304
Author(s):  
Sandro Lúcio Dezan ◽  
Ricarlos Almagro Vitoriano Cunha
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Constitutional Law ◽  
Administrative Law ◽  
Fundamental Rights ◽  
The Public ◽  
Democratic State ◽  
Constitutional Justice ◽  
Initial Line

Resumo: o presente texto tem por finalidade definir o papel da Administração Pública na interpretação e na aplicação do texto constitucional, no que respeita à concreção de direitos fundamentais em países de modernidade tardia, sob o amparo da tensão existente entre o que se denominou de procedimentalismo e de substancialismo jurídico. Busca-se, em linhas iniciais abordar os contornos da tendência de legitimação da função jurídica administrativa de caráter constitucional contramajoritário, a aferir uma nova e importante tarefa ao Estado-executivo, para além de sua comum concepção de “fiel executor da lei”, de modo a concluir que a justiça constitucional envolve a jurisdição (por meio do Poder Judiciário) e a juridicidade (por meio da Administração Pública). Sob essa última perspectiva, busca-se assinalar que a aplicação e concreção do direito também é tarefa da Administração Pública, no âmbito de sua função atípica decisional, ditada pelo próprio texto constitucional, legitimador e impositivo das ações valorativas substanciais no âmbito do Estado Democrático de Direito. Palavras-chave: Direito Constitucional. Direito Administrativo. Democracia. Princípio da juridicidade administrativa. Procedimentalismo. Substancialismo. Abstract: The purpose of this text is to define the role of the Public Administration in the interpretation and application of the constitutional text with regard to the realization of fundamental rights in countries of late modernity, under the protection of the tension between what was called “proceduralism” and “legal substantiality”. In an initial line, it seeks to address the contours of the tendency to legitimize the administrative-legal function of a countermajoritarian constitutional character, to assess a new and important task for the Executive State, in addition to its common conception of "faithful executor of the law". In order to conclude that constitutional justice involves jurisdiction (through the Judiciary) and “juridicialism” (through Public Administration). Under this latter perspective, this paper points out that the application and the scope of its atypical decision-making function, dictated by the constitutional text itself, legitimating and imposing substantial value actions within the Democratic State of Law. Keywords: Administrative Law. Constitutional Law. Democracy. Principle of administrative juridicialism. Proceduralism. Substantialism.

scholarly journals Hesitantly towards mutual recognition of “vaccination passports”. A survey on potential ubiquity in administrative law

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Jakub HANDRLICA
Keyword(s):  
Mutual Recognition ◽  
Legal Framework ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Authority ◽  
The Subject ◽  
Second Year ◽  
Written Law ◽  
Theoretical Considerations ◽  
Legal Consequences

The problem of potential ubiquity emerged in administrative law because of transboundary circulation of various certificates, licences and permits. These documents, approving certain facts, may appear before an administrative authority of another State. Thus, the applicable regime of public law must qualify the legal consequences of such documents in the realm of the applicable administrative law. This article aims to discuss this problem with regard to the challenges arising in the second year of the COVID-19 pandemics. Prospective introduction of “immunity certificates” and “vaccination passports” in various jurisdictions and the need to establish mutual recognition of such “passports” and “certificates” is the subject of attention. The article points out existence of several dogmatic approaches to the fact that foreign administrations have either approved a fact, or granted a right. Some of these dogmatic approaches have been reflected in the written law. However, at the same time, in theory, other solutions than those provided by the current legal framework would also be theoretically possible. The importance of these theoretical considerations is demonstrated regarding the very current discussions on the introduction of “immunity certificates” and “vaccination passports”.

scholarly journals ADMINISTRACIÓN PÚBLICA, CONSTITUCIÓN ESPAÑOLA Y PORTUGUESA Y DERECHOS FUNDAMENTALES EN LA PENÍNSULA IBÉRICA

2019 ◽  
Vol 1 (54) ◽  
pp. 1
Author(s):  
Rubén Miranda GONÇALVES ◽  
Rui Miguel Zeferino FERREIRA
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
Fundamental Rights ◽  
Executive Power ◽  
Essential Characteristic ◽  
Palabras Clave ◽  
The Law ◽  
The One ◽  
Península Ibérica

RESUMEN La característica esencial de un Estado de Derecho es el sometimiento de los diferentes poderes públicos al imperio de la ley. Por ello, tanto el poder ejecutivo, como el legislativo y el judicial están sometidos a la ley. Aún así no son los únicos, puesto que los ciudadanos y la propia Administración Pública no son ajenos a ello y también están obligados a cumplir la ley. El propio término Estado de Derecho lleva implícito el de derechos fundamentales, pues sin ellos, no podríamos hablar de Estado de Derecho. PALABRAS CLAVE: Estado; Derechos Fundamentales; Derecho Administrativo; Derecho Constitucional; Gobierno; Derecho Público.  ABSTRACT The essential characteristic of a State of Right is the submission of the different public powers to the empire of the law. Thus, so much the executive power, as the legislative and the judicial are submitted to the law. Still like this are not the only, since the citizen and the proper Public Administration aren’t extraneous to this and also are forced to fulfill the law. The proper term Been of Right carries implicit the one of fundamental rights, so without them, couldn’t speak of State of Right. KEYWORDS: State; Fundamental Rights; Administrative Law; Constitutional Law; Govern; Public Law. RESUMOA característica essencial de um Estado de Direito é a submissão dos diferentes poderes públicos ao estado de direito. Portanto, ambos os poderes executivo, legislativo e judiciário estão sujeitos à lei. Mesmo assim, não são os únicos, pois os cidadãos e a própria Administração Pública não são alheios a isso e também são obrigados a cumprir a lei. O termo "Estado de Direito" em si implica o dos direitos fundamentais, porque sem eles, não poderíamos falar do Estado de Direito.PALAVRAS-CHAVE: Estado; Direitos fundamentais; Direito Administrativo; Direito Constitucional; Governo; Direito Público. 

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