scholarly journals Right to Court in Climate Matters in the Light of the Aarhus Convention and the Case Law of Polish Administrative Courts

2021 ◽  
Vol 30 (5) ◽  
pp. 275-293
Author(s):  
Anna Kalisz
Keyword(s):  
Case Law ◽  
Aarhus Convention ◽  
Administrative Courts

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 The Reopening of Proceedings After the Judgment of the ECtHR in Cases Against Lithuania

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 27-49
Author(s):  
Nika Bruskina
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
Administrative Courts ◽  
Administrative Proceedings

The author of this article examines the case law of the Lithuanian courts of general jurisdiction and administrative courts related to the reopening of domestic criminal, civil, or administrative proceedings when the European Court of Human Rights (hereinafter – the ECtHR or the Court) finds a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and/or Protocols in the cases against Lithuania.

scholarly journals Zawieszenie rekrutacji w szkolnictwie wyższym

2020 ◽  
Vol 6(161) ◽  
pp. 99-116
Author(s):  
Łukasz Kierznowski
Keyword(s):  
Higher Education ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Constitutional Principle ◽  
University Recruitment ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
Administrative Courts ◽  
The Individual

The aim of the study is to compare the admissibility of suspending (and in fact — annulling, abandoning) already announced and commenced recruitment in higher education, as recently approved in the case law of administrative courts, with the requirements of the constitutional principle of protecting trust in the state and law and the second degree principles derived from it, as well as to demonstrate the effects on the legal position of the individual of the consolidation of such a position and its dissemination in university recruitment resolutions in connection with new statutory regulations in the area of law on higher education and science. The study makes use of the scientific literature on constitutional and administrative law, the jurisprudence of the Constitutional Tribunal and administrative courts, and, auxiliary, other sources.

scholarly journals Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Point Of View ◽  
Administrative Discretion ◽  
The Public ◽  
Procedural Law ◽  
Tax Relief ◽  
The Law ◽  
Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

scholarly journals Constitutional principles in public administrator's decision-making under the case law of the Supreme Administrative Court of Lithuania

2018 ◽  
Vol 2 (1) ◽  
pp. 109-115
Author(s):  
Ieva Deviatnikovaitė
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Constitutional Court ◽  
Constitutional Principle ◽  
Family Names ◽  
Administrative Courts ◽  
The Republic

This paper serves few purposes. First, it examines the principles of public administration in Lithuania. Good administration principle is analysed as constitutional principle relying on the case law of the Supreme Administrative Court of Lithuania. Second, it explores impact of the decisions of Constitutional Court of the Republic of Lithuania to the contemporary judicial review of Lithuanian administrative courts. Therefore, one of the latest rulings of the Supreme Administrative Court of Lithuania related to the spelling of names and family names in the passports of citizens of the Republic of Lithuania will be reviewed.

ON THE ISSUE OF JURISDICTION OF ECOLOGICAL DISPUTES

2017 ◽  
Author(s):  
Olena Gulac ◽  
◽  
Volodymyr Kurylo ◽  
Roman Koval ◽  
◽  
...  
Keyword(s):  
Case Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Scientific Article ◽  
The Public ◽  
Safe Environment ◽  
Procedural Law ◽  
Aarhus Convention ◽  
The Subject ◽  
Constitutional Right

The scientific article is devoted to the delimitation of jurisdiction of courts in considering and resolving cases in the field of ecology on the basis of case law and positions of scientists while highlighting the variety of possible problematic aspects faced by both parties and courts on this issue. It is proved that the category of jurisdiction is significantly developed in the doctrine of law and is clearly enshrined in each piece of legislation governing a particular type of procedural law. At the same time, based on the spread of environmental offenses established by criminal and administrative law, namely, the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine, some other regulations, the issue of lack of a unified notion of jurisdiction over environmental offenses remains relevant. Emphasizing the problematic aspects, the peculiarity of the implementation of the constitutional right to a safe environment was noted, in particular by protecting the violated right through members of the public, the provisions of which are provided by the 1998 Aarhus Convention. Relevant examples in the field of justice are given. The critical importance of the case law on establishing the jurisdiction of environmental cases has been established and the variety of possible problematic aspects faced by both the parties to the dispute and the courts on this issue has been highlighted. As a result, it is noted that when considering disputes over environmental violations in general, the decisive indicator of the assignment of such cases to a particular jurisdiction is the nature of the dispute, and only then - the subject composition and the actual subject of the dispute.

The precautionary principle and the burden and standard of proof in European and Dutch environmental law

2020 ◽  
Vol 13 (2) ◽  
pp. 113-131
Author(s):  
Rogier Kegge
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Burden Of Proof ◽  
Case Law ◽  
Fair Allocation ◽  
Protective Measures ◽  
Standard Of Proof ◽  
The Precautionary Principle ◽  
Administrative Courts

This article offers an analysis of the application of the precautionary principle by European courts and the highest Dutch administrative courts in environmental cases. The precautionary principle is one of the leading principles in EU environmental law, but it has no unequivocal meaning. This makes the principle difficult to apply and the allocation of the burden of proof and the level of standard of proof complex matters. In the context of the allocation of the burden of proof, it is essential to make the distinction between the precautionary principle invoked as an obligation or a justification for protective measures. A realistic level of standard of proof is also essential. Without a fair allocation of the burden of proof and a realistic level of standard of proof, either the authorities or the appellants may be exposed to unequal procedural positions and unsolvable evidentiary problems. Analysis of the case law leads to the conclusion that the principle sometimes is misapplied by the Dutch administrative courts.

La impugnación jurisdiccional de las relaciones de puestos de trabajo

2013 ◽  
pp. 229-260
Author(s):  
Miguel Ángel RUIZ LÓPEZ
Keyword(s):  
Judicial Review ◽  
Case Law ◽  
Legal Regime ◽  
Legal Definition ◽  
Legal Nature ◽  
Personal A ◽  
Legal Uncertainty ◽  
Administrative Courts

LABURPENA: Lanpostu-zerrenden araubide juridikoa aztertzen da eta, bereziki, administrazioarekiko auzien jurisdikzioan inpugnazio jurisdikzionala jartzeko araubidea. Auzitegi Gorenaren jurisprudentziak aldarrikatua du langileak antolatzeko instrumentu horiek xedapen orokorren kategorian sartu behar liratekeela, prozesuen ondorioetarako besterik ez bada. Alabaina, berez, sui generis egintza administratiboak dira juridikoki. Bere kalifikazio juridikoaren eta inpugnazio-araubidearen arteko urruntasunak koloka handia eragiten du, eta, orotara, segurtasun juridikoan zalantzak pizten ditu. RESUMEN: Se analiza el régimen jurídico de las relaciones de puestos de trabajo y, en especial, su régimen de impugnación jurisdiccional ante la jurisdicción contencioso-administrativa. La jurisprudencia del Tribunal Supremo viene proclamando la asimilación de dichos instrumento de ordenación del personal a la categoría de las disposiciones generales, a los exclusivos efectos procesales. Sin embargo, su verdadera naturaleza jurídica es la de actos administrativos sui generis. La discordancia entre su calificación jurídica y el régimen de impugnación produce importantes desajustes que en su conjunto provocan un ambiente de inseguridad jurídica. ABSTRACT: It is analyzed the legal regime of the lists of job positions and specially its regime of judicial review before the administrative courts. The Supreme Court’s case law has proclaimed the assimilation of those instruments of organization to the category of general provisions just for exclusive procedural purposes. However, its true legal nature is that of sui generis administrative acts. The discrepancy between its legal definition and the regime of review creates important imbalances which as a whole provokes legal uncertainty.

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