scholarly journals Kodėl administraciniam procesui (ne)reikalinga kasacija?

2021 ◽  
pp. 211-234
Author(s):  
Deividas Jokšas ◽  
Erika Katiševskaja
Keyword(s):  
Administrative Courts

The article analyses the system of administrative courts, its advantages, disadvantages and possible improvements.

A Comparative-Empirical Analysis of Administrative Courts in Mexico

2010 ◽  
Author(s):  
Adriana Garcia ◽  
Sergio Lopez-Ayllon ◽  
Ana Elena Fierro
Keyword(s):  
Empirical Analysis ◽  
Administrative Courts

Judges

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Servants ◽  
High Ranking ◽  
Administrative Courts ◽  
And Training ◽  
The Way

This chapter looks briefly at the way judges are recruited in France and how and to what degree this is reflected in their way of reasoning and style of argument. It outlines the requirements for admission to the profession of being a judge in France and the methods adopted for training them. This outline is confined to professional judges, but it should be noted that, in France, commercial and employment cases are adjudicated at the first instance by lay judges. Further, judges in the administrative courts are not included in the teaching and training processes provided for by the École Nationale de la Magistrature (ENM). Administrative judges are recruited from the pool of high-ranking civil servants, many of them trained at the prestigious ENA (École Nationale d'Administration).

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

Knowledge of the Polish language and the right to practice as a medical doctor. Notes on the margin of administrative court decisions

2021 ◽  
Vol 2(24) ◽  
pp. 11-20
Author(s):  
Michał Bartoszewicz
Keyword(s):  
Professional Preparation ◽  
Medical Doctor ◽  
Point Of View ◽  
Linguistic Competence ◽  
Court Decisions ◽  
Pragmatic Approach ◽  
Polish Language ◽  
Administrative Courts ◽  
The Right

The article deals with standards of professional preparation of doctors in the scope of speaking and writing Polish. The thesis of the article is that this requirement is one of the elements of professional preparation which is not limited to knowledge but includes specific skills. Defining the threshold of minimum linguistic competence is a subtle matter. The study draws attention to the necessity of pragmatic approach to these requirements to the extent necessary to practice as a doctor or dentist. From the point of view of the doctor’s rights, a lot depends on the procedure of verifying the command of Polish language. Therefore, attention was paid to the jurisprudence of administrative courts in this area.

SPORTS SCHOLARSHIP FOR PLAYERS ESTABLISHED AND FINANCED BY MUNICIPALITIES IN THE ADMINISTRATIVE COURTS JUDGMENT – SELECTED ISSUES

2021 ◽  
Vol 1 (XXI) ◽  
pp. 61-74
Author(s):  
Przemysław Kuczkowski
Keyword(s):  
Local Government ◽  
Scientific Paper ◽  
Short Article ◽  
Complex Issue ◽  
Subjective Criterion ◽  
The Subject ◽  
Administrative Courts ◽  
The Right

The scientific paper presents the issue of a sports scholarship established and financed by a local government, which is a commune according to Art. 31 of the Act of June 25, 2010 on sport. Only the sports scholarship, which can only be received by the player, was taken into account, i.e. the sports scholarship for the coach was not transferred at work. The issue of the sports scholarship is a complex issue, which cannot be presented in short article, therefore the article focuses mainly on three important problems related to the interpretation of art. 31 of the Sports Act, i.e .: 1) on the subject of the subjective criterion, 2) on the issues of subject criteria and 3) the right to suspend the sports scholarship. The aim of the article is to review and assess the important views of the judicature on selected aspects of the sports scholarship for a competitor, any discrepancies, and to indicate the fields that should be resolved by the activities of the Supreme Administrative Court or legislative intervention

scholarly journals The Right to Public Information. Selected Interpretation Doubts in the Doctrine and Jurisprudence of Administrative Courts

2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza
Keyword(s):  
Public Information ◽  
Case Law ◽  
Access To Information ◽  
Information Bulletin ◽  
The Public ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Administrative Courts ◽  
The Right ◽  
Made In

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>

scholarly journals THEORETICAL AND METHODOLOGICAL FUNDAMENTALS OF INVESTIGATION OF INTERACTION OF ADMINISTRATIVE COURTS WITH PUBLIC ADMINISTRATION AUTHORITIES AND PUBLICAS AN OBJECT OF ADMINISTRATIVE AND LEGAL SUPPORT

2020 ◽  
pp. 161-169
Author(s):  
О. Р. Гресько
Keyword(s):  
Public Administration ◽  
General Concept ◽  
The Public ◽  
Joint Activities ◽  
Number Of Factors ◽  
Clear Result ◽  
Administrative Courts ◽  
The One ◽  
Goals And Objectives ◽  
Clear Goal

The purpose of the study is to solve a number of problems, including the need to: analyze the general concept of interaction and concepts of its scientific understanding; define interaction as a legal category; to form the author's vision of the legal category "interaction of administrative courts with bodies with public administration bodies and the public". The article defines that interaction as an object of administrative and legal support is a joint activity of two or more clearly defined subjects of law, regulated by the norms of administrative law, coordinated by purpose, task, place, time and method, aimed at a certain result, and namely – the achievement of the goal, the realization of goals, the solution of specific tasks and objectives, or the preservation and maintenance of the proper existence and functioning of someone or something. It is proposed to understand the interaction of administrative courts with public administration bodies and the public to carry out in the manner and within the limits set by current national legislation joint and agreed on a number of factors (purpose, tasks, time, place, form, methods, etc.) activities, on the one hand, administrative courts, and, on the other hand – public administration and/or the public, which is due to the competence of these entities and aimed at a positive result and consequences, which are to achieve the goals and objectives of such interaction. It was found that the main features of the interaction of administrative courts with public administration bodies and the public are: are joint activities; such activities must be regulated by law; activities must be coordinated; coherence occurs by choosing a clear goal, objectives, time, place, forms and methods of interaction; arises between clearly defined entities – administrative courts and public administration bodies and the public; a prerequisite for interaction should be the presence of an appropriate amount of competence that allows the implementation of such interaction; should be aimed at a clear result, which is to achieve the goals and objectives of such interaction; should be aimed at positive consequences.

scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

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