Zasada szybkości w postępowaniach w sprawach przygotowania i realizacji inwestycji infrastrukturalnych

2020 ◽  
Vol 30 ◽  
pp. 174-188
Author(s):  
Przemysław Ostojski ◽  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Principle ◽  
Infrastructure Investments ◽  
Principle Of Proportionality ◽  
Administrative Proceedings ◽  
The Right

The article concerns the principle of speed in the proceedings regarding the implementation of infrastructure investments. The analysis of individual legal institutions is aimed at assessing statutory regulations of investment acts in the scope of the principle of speed. The aim of the analysis is to verify the assertion that the implementation of specific law-related rules in special investment documents connected with giving priority to the speed of administrative proceedings followed the constitutional principle of proportionality. As a result of the conducted analysis, it should be stated that the implementation of the principle of speed of proceedings to investment acts does not fundamentally violate the essence of constitutional rights of individuals – including the right to challenge decisions and the right to protect of rightly acquired rights. The legislator limits the principles of transparency, as well as the principle of active participation of the party in administrative proceedings, but does not eliminate these principles. Regardless of this, the legislator infringes in the analyzed Acts the essence of the party’s right to submit an application for temporary protection in administrative proceedings. The legislator violates in a qualified manner – due to the public interest – the rule of law and two-instance, preventing the appeals authority in the course of the instance of repealing the decision in its entirety, if the defect affects only its part concerning the property.

scholarly journals PROCUREMENT OF LAND IN LEGAL SOCIOLOGICAL PERSPECTIVE

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Martin Roestamy
Keyword(s):  
Rule Of Law ◽  
Low Income ◽  
Public Interest ◽  
Legal Culture ◽  
Loss Of Life ◽  
The Rule Of Law ◽  
The Public ◽  
The People ◽  
The Right ◽  
Land Bank

If all stakeholders of land provision adhere to the principles governed by the Constitution and the State Controlling Right, then the issue of the regulation of land will not be a national dilemma inheriting a prolonged conflict and not less as a result of the loss of life. Land is something sacred (magical) for people who have historical and spiritual value is not just a matter of investment and business commodities that have been going on, but the land is the right of the nation that has the value of the struggle that becomes the object of the interests of all parties, the people, government, and speculators. This research is expected to be an input to stakeholders to support the birth of Land Bank as an institution in charge of providing land for public interest. The research was conducted by using Sociological Juridical Method combined with Normative Juridical with a Qualitative Approach. It concerns the problem of access to the rule of law which cannot run properly, and legal culture is still low so that with the sociological and juridical approach. Those can be found the nature of the primary cause problematic of land supply in Indonesia, especially for the public interest and more specifically for the benefit of providing housing for low-income people.Keywords : Procurement of Land, Legal Culture, State Right Controlling, Land Bank

THE POSITION OF THE PUBLIC PROSECUTOR IN ADMINISTRATIVE PROCEEDINGS – LEGAL ANALYSIS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 97-114
Author(s):  
Michał Sędziński
Keyword(s):  
Rule Of Law ◽  
Public Prosecutor ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
The Public ◽  
Administrative Procedure ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to comprehensively analyse the legal position of the public prosecutor in administrative proceedings and administrative court proceedings. This subject is interesting because the public prosecutor is usually associated with criminal proceedings and his capacity as the public accuser. However, the public prosecutor plays a special role in administrative proceedings, i.e. participates in them as an entity with the rights of a party, even though he has no legal interest in it. It is also worth noting that the powers of the public prosecutor are clearly more extensive than those of other entities with the rights of a party. This article is an attempt to determine the role of the public prosecutor in administrative proceedings and decide whether he is the accuser or rather the representative of the public interest. The position of the public prosecutor in proceedings before administrative courts is special as well. This issue needs to be discussed in detail, which was taken into account in the second part of the article. The position of the public prosecutor as the advocate of the rule of law is regulated by the Act on the Public Prosecutor’s Office. The analysis of these provisions in conjunction with Chapter 4 of the Code of Administrative Procedure leads to a conclusion that the public prosecutor who acts in administrative proceedings as an entity with the rights of a party has powers vested in him alone and watches over such proceedings, thereby fulfilling the duties of an advocate of the rule of law. To fully show the special position of the public prosecutor, it is necessary to enumerate his powers in administrative proceedings and compare them with the competences of “ordinary” entities with the rights of a party.

The Principle of Proportionality

2018 ◽  
Author(s):  
Takis Tridimas
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Early Stage ◽  
Fundamental Principle ◽  
The Rule Of Law ◽  
The Public ◽  
Principle Of Proportionality ◽  
The Individual ◽  
Constitutional Adjudication ◽  
Freedom Of Action

The principle of proportionality is the most oft-invoked and, in terms of its role in constitutional adjudication, the most influential principle of EU law. The principle was developed in continental legal systems, especially in Germany and France, in the twentieth century. Even at an early stage in the development of EEC law, proportionality had already been pronounced by the Court of Justice to be a fundamental principle deriving from the rule of law and requiring in particular that ‘the individual should not have his freedom of action limited beyond the degree necessary in the public interest’.

scholarly journals THE PARTICIPATION OF THE PROSECUTOR IN CIVIL PROCEED-INGS AS A GUARANTEE OF ENSURING THE EFFECTIVENESS OF LEGAL PROTECTION. SOME REMARKS

2017 ◽  
Vol 28 (1) ◽  
pp. 9-22
Author(s):  
Joanna Misztal-Konecka
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Legal Protection ◽  
Great Caution ◽  
The Rule Of Law ◽  
The Public ◽  
Civil Proceedings ◽  
The Moment ◽  
Civil Matter

The role of the prosecutor in the legal system is traditionally perceived in the context of performing tasks relating to the prosecution of offences and upholding the rule of law. It is worth mentioning, however, that pursuant to Article 7 sentence 1 of the Code of Civil Procedure the prosecutor may petition to institute proceedings in any civil matter as well as participate in any pending proceedings if he considers his presence necessary to protect the rule of law, citizens’ rights or social interest. While the broad competence range of the prosecutor in civil proceedings has been assessed with high criticism in the literature on numerous occasions, it is with great caution that one should view possible tendencies towards exclusion of the prosecutor as an attendant of proceedings, without affiliation to either party, when the public interest calls for their participation. Especially in the cases where the court notifies the prosecutor of the need to participate in proceedings, one ought to conclude that it is the moment when the principle of effective legal protection becomes most fully realized through equalizing the litigious position of the parties and prevention of the occurrence of a defect which might invalidate the proceedings. The author postulates transforming notification of the need to participate in proceedings served on the prosecutor into summons for attending it.

scholarly journals Intellectual property, antitrust, and the rule of law: between private power and state power

2016 ◽  
Vol 17 (2) ◽  
Author(s):  
Ariel Katz
Keyword(s):  
Intellectual Property ◽  
Rule Of Law ◽  
Public Interest ◽  
The Rule Of Law ◽  
The Public ◽  
Constitutional Order ◽  
Free Competition ◽  
Legal Power ◽  
Private Power ◽  
Ip Law

AbstractThis Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency. The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily

RESULTS AND TRENDS OF THE PROSECUTOR’S OFFICE OF THE REPUBLIC OF BULGARIA IN COMBATING CRIME

2017 ◽  
Author(s):  
Venelin Krastev Terziev ◽  
◽  
Marin Petrov Georgiev ◽  
Stefаn Marinov Bankov ◽  
◽  
...  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic

The purpose of this Report is to present the operations of the Prosecutor’s Office of the Republic of Bulgaria for the first six months of 2020, based on indicators characterising the performance of its main statutory functions. One of the essential factors in the first six months of 2020 was the unprecedented COVID – 19 pandemic which required the adoption of measures and decisions of the competence of the PORB (the Prosecutor's Office of the Republic of Bulgaria) which directly reflect the effective exercise of the indictment function and the protection of the rule of law and of the public interest.

scholarly journals PENYELESAIAN SENGKETA PENGADAAN TANAH GUNA PEMBANGUNAN BANDAR UDARA INTERNASIONAL BERBASIS NILAI KEADILAN SOSIAL

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 83
Author(s):  
Mia Permata Sari ◽  
Suteki Suteki
Keyword(s):  
Social Justice ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Land Acquisition ◽  
The Rule Of Law ◽  
The Public ◽  
Land Dispute

In resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out what factors cause the settlement of land acquisition disputes in terms of juridical aspects not reflecting the value of justice and benefit for the parties and formulating land acquisition dispute resolution models in a legal socio perspective that can realize the value of social justice and benefits for party. an appropriate method is needed that can accommodate the value of social justice and the benefits in resolving the dispute, among others, promoting the Consensus Meeting and the Need for Alternative Dispute Resolution (ADR) as an alternative solution. In addition, the need to calculate non-physical losses in the assessment of compensation for people who have lost their livelihoods due to land acquisition projects Keywords: Land Acquisition, Land Dispute Settlement, Public Interest AbstrakDalam penyelesaian sengketa pengadaan tanah untuk kepentingan umum sudah sepatutnya negara memperhatikan nilai-nilai diluar daripada aturan hukum itu sendiri, diantaranya nilai keadilan sosial dan nilai kemanfaatan untuk menjamin hak-hak dasar masyarakat terdampak. Penelitian ini bertujuan untuk  untuk mengetahui faktor apa saja yang menyebabkan penyelesaian sengketa pengadaan tanah tersebut ditinjau dari aspek yuridis belum mencerminkan nilai keadilan dan kemanfaatan bagi para pihak sertaa merumuskan model penyelesaian sengketa pengadaan tanah dalam perspektif socio legal yang dapat mewujudkan nilai keadilan sosial dan kemanfaatan bagi para pihak. dibutuhkan suatu metode yang tepat yang dapat mengakomodasi nilai keadilan sosial dan kemanfaatan dalam penyelesaian sengketa tersebut diantaranya mengedepankan Musyawarah Mufakat dan Perlunya Alternative Dispute Resolution (ADR) sebagai solusi alternatif.. Selain itu, perlunya memperhitungkan kerugian non fisik dalam penilaian ganti rugi sehingga, terdapat solusi bagi masyarakat yang kehilangan mata pencaharianya akibat proyek pengadaan tanah Kata Kunci : Pengadaan Tanah, Penyelesaian Sengketa Tanah , Kepentingan Umum 

scholarly journals Justiciability, Access to Justice and the Development of Constitutional Law in Canada

2017 ◽  
Vol 45 (4) ◽  
pp. 707-723
Author(s):  
Gerard J Kennedy ◽  
Lorne Sossin
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Public Law ◽  
Access To Justice ◽  
The Rule Of Law ◽  
The Public ◽  
Procedural Law ◽  
Canadian Experience ◽  
The Government ◽  
Public Law Litigation

Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant's duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter rights. The authors ultimately posit that the government should have a duty of restraint in using summary procedures to end public law litigation, and courts should be reluctant to permit the government to preclude such litigation aimed at advancing the evolution of the Charter from reaching hearings on the merits.

scholarly journals A REVISIT ON THE APPEALS HEARD BY THE SELANGOR APPEAL BOARD: IS JUSTICE HEARD A JUSTICE SERVED?

2020 ◽  
Vol 5 (18) ◽  
pp. 12-18
Author(s):  
Noraziah Abu Bakar ◽  
Siti Sarah Sulaiman
Keyword(s):  
Rule Of Law ◽  
Local Level ◽  
Secondary Data ◽  
Local Planning ◽  
High Court ◽  
The Rule Of Law ◽  
The Public ◽  
The Right ◽  
The Town ◽  
Planning Authority

This study tries to review the roles and functions of the Selangor Appeal Board in disposing of appeal cases registered at the tribunal. It is imperative to ascertain that the right of appeal provided under the Town Country and Planning Act 1976 (TCPA 1976) is carried out in order to serve justice to the aggrieved parties whose application for planning orders have been rejected by the Planning Authority at the local level. The decision of the Appeal Board is final and can only be brought to the High Court for judicial review. Thus, the tribunal should be independent and fair in disposing of any appeal. The study employs a combination of doctrinal and empirical research. In the doctrinal analysis, the study analyses the primary and secondary data that include the TCPA 1976 and analysing the statistics of appeal cases from 1991 until 2019. Interviews were carried out in order to examine the law in reality. Accordingly, it can reflect the impartiality of the tribunal in the disposal of the appeals. In brief, the Selangor Appeal Board has proven its ability to hear appeals according to the rule of law since in recent years lesser appeals have been filed that indicate fewer grievances of the public against the decision of the local planning authority.

Trust and the politics of postcommunism

2001 ◽  
Vol 34 (1) ◽  
pp. 27-38 ◽  
Author(s):  
David W. Lovell
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Public Interest ◽  
Political Institutions ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
The Public ◽  
Low Levels

The citizens of postcommunist states have relatively low levels of trust in their basic political institutions. This paper argues that to consolidate the advances towards civil society and democracy particular attention must be paid to strengthening trust. Trust requires not just the institutional framework appropriate to democracy and the rule of law — already substantially in place — but also an appreciation of politics and civil society as spheres of continuing diversity, competition and conflict. The deficit of trust can be addressed by a leadership exemplary in its service to the public interest, and by an acceptance of the new, adversarial politics.

Sign in / Sign up

Export Citation Format

Share Document