scholarly journals A judicial review of the inactivity of public administration in the Slovak Republic

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 55-64
Author(s):  
Matej Horvat
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
The Public ◽  
Justice Procedure ◽  
Legal Remedies ◽  
Administrative Justice

The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

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.

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>

14. Challenging government action

2019 ◽  
pp. 313-338
Author(s):  
Anne Dennett
Keyword(s):  
Social Security ◽  
Small Group ◽  
Public Administration ◽  
Judicial Review ◽  
Political Issues ◽  
The Public ◽  
Public Inquiry ◽  
Fact Finding ◽  
Immigration And Asylum ◽  
Administrative Justice

This chapter focuses on the administrative justice system. Administrative justice refers to the systems that enable individuals to resolve complaints, grievances, and disputes about administrative or executive decisions of public bodies, and to obtain redress. Grievance mechanisms exist to achieve redress and to ensure accountability and improved public administration. They include formal court action through judicial review, but range well beyond the courts to informal, non-legal mechanisms. Whereas a public inquiry may concern a grievance of a larger section of the public and can raise political issues, an inquiry by an Ombudsman concerns a grievance of an individual or small group, with a different fact-finding process. Meanwhile, tribunals determine rights and entitlements in disputes between citizens and state in specific areas of law, such as social security, immigration and asylum, and tax.

14. Challenging government action

2021 ◽  
pp. 329-355
Author(s):  
Anne Dennett
Keyword(s):  
Social Security ◽  
Small Group ◽  
Public Administration ◽  
Judicial Review ◽  
Political Issues ◽  
The Public ◽  
Public Inquiry ◽  
Fact Finding ◽  
Immigration And Asylum ◽  
Administrative Justice

This chapter focuses on the administrative justice system. Administrative justice refers to the systems that enable individuals to resolve complaints, grievances, and disputes about administrative or executive decisions of public bodies, and to obtain redress. Grievance mechanisms exist to achieve redress and to ensure accountability and improved public administration. They include formal court action through judicial review, but range well beyond the courts to informal, non-legal mechanisms. Whereas a public inquiry may concern a grievance of a larger section of the public and can raise political issues, an inquiry by an Ombudsman concerns a grievance of an individual or small group, with a different fact-finding process. Meanwhile, tribunals determine rights and entitlements in disputes between citizens and state in specific areas of law, such as social security, immigration and asylum, and tax.

scholarly journals PUBLIC PROCUREMENT IN THE CONDITIONS OF THE SLOVAK REPUBLIC WITH REGARD TO THE PARTICIPANTS IN THE PROCUREMENT

2021 ◽  
Vol 9 (1) ◽  
pp. 67-80
Author(s):  
Lucia Bednárová ◽  
Silvia Michalková ◽  
Stanislav Vandžura
Keyword(s):  
Public Administration ◽  
Slovak Republic ◽  
Public Procurement ◽  
High Volume ◽  
Point Of View ◽  
Public And Private ◽  
Developed Country ◽  
Financial Flows ◽  
Economic Point ◽  
The Public

Public finances are a term used to denote specific financial relations and operations taking place within the economic system between public administration institutions, on the one hand, and other entities, on the other. From an economic point of view, a public contract means an efficient allocation of resources with the aim of material and material provision of public administration bodies with such services that these bodies cannot or do not want to secure themselves. Through public procurement, a relatively high volume of public spending is realized in each developed country. Public procurement of goods, services and works by public institutions currently accounts for a relatively high percentage of GDP, estimated at more than 15% in the economies of Central and Eastern Europe. The area of procurement is one of the key areas where the public and private sectors interact financially with each other. As part of the paper, we primarily deal with below-limit and above-limit contracts in public procurement in the Slovak Republic. As part of the research, we focused on the period from 2016 to 2019. The paper provides an overview of the number of procedures in public procurement for the period from 2016 to 2019. In this comparison of data, we try to demonstrate the strength of public procurement in the public sector as well as the volume of financial flows spent on procurement. Within the issue of our research, the acquisition of relevant documents as well as verified procedures is very problematic, as we do not have a significant number of sources of professional and science publications related to these topics in the Slovak Republic.

scholarly journals Procesné a organizačné súvislosti zmeny názvu obce a jej časti

2020 ◽  
Vol 21 (2) ◽  
Author(s):  
Lukáš Tomáš
Keyword(s):  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
Central State ◽  
State Administration ◽  
The Future ◽  
Administrative Courts ◽  
The Government ◽  
The Village

In the presented article, the author analyzes the procedural and organizational aspects of changing the name of the municipality and its part. It formulates reflections on whether the beginning of the process of changing the name of the municipality is conditioned by procedural activity on the part of the municipality, or whether it is possible only at the initiative of the Government of the Slovak Republic. There have been different legal views on this issue in the application practice of the Government of the Slovak Republic, the Central State Administration and the administrative courts. The author also brings a comparative view of the modification of the name of the village and part of the village. He examines these aspects from the point of view of legal theory and applied practice. In the indicated contexts, the comparison of the Slovak legal regulation with the relevant diction of foreign municipal establishments does not omit either. It also presents its own proposals for a possible change in legislation in the future (de lege ferenda).

scholarly journals New Legal Regulation of the Administrative Justice in the Slovak Republic

2019 ◽  
Vol 4 (2) ◽  
pp. 95-100
Author(s):  
Juraj Vačok
Keyword(s):  
Public Administration ◽  
Slovak Republic ◽  
Partial Evaluation ◽  
Legal Regulation ◽  
Future Directions ◽  
Legal Norms ◽  
The Future ◽  
Administrative Justice

Administrative justice is a very strong element of control of public administration. Its decisions not only control but also guide the future directions in an application of particular legal norms. The author evaluates the new changes of administrative justice in the Slovak Republic. He points out the main changes in comparison with the previous legal regulation and tries to evaluate them. He points out that it is too early to evaluate the whole new legal regulation. Despite this fact, he states that it is possible to make a partial evaluation on the basis of a result and experiences acquired to this time.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

scholarly journals Role of Public Entities in Suitable Provision of Public Services: Case Study from Slovakia

2021 ◽  
Vol 11 (4) ◽  
pp. 143
Author(s):  
Viera Papcunová ◽  
Roman Vavrek ◽  
Marek Dvořák
Keyword(s):  
Public Administration ◽  
Local Governments ◽  
Public Services ◽  
Slovak Republic ◽  
The State ◽  
Main Role ◽  
The Public ◽  
State Administration

Local governments in the Slovak Republic are important in public administration and form an important part of the public sector, as they provide various public services. Until 1990, all public services were provided only by the state. The reform of public administration began in 1990 with the decentralization of competencies. Several competencies were transferred to local governments from the state, and thus municipalities began to provide public services that the state previously provided. Registry offices were the first to be acquired by local governments from the state. This study aimed to characterize the transfer of competencies and their financing from state administration to local government using the example of registry offices in the Slovak Republic. In the paper, we evaluated the financing of this competency from 2007 to 2018 at the level of individual regions of the Slovak Republic. The results of the analysis and testing of hypotheses indicated that a higher number of inhabitants in individual regions did not affect the number of actions at these offices, despite the fact that the main role of the registry office is to keep registry books, in which events, such as births, weddings, and deaths, are registered.

Internal review systems and administrative justice

2021 ◽  
Author(s):  
Tom Mullen
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Judicial Review ◽  
Cost Effective ◽  
Administrative Organization ◽  
Initial Decision ◽  
Internal Review ◽  
Administrative Justice

Internal review is a process whereby an administrative organization reconsiders its own decisions. The rationales typically offered for internal review are that it provides a means of challenging administrative decisions which is more accessible, quicker, and more cost-effective than external remedies such as appeals to tribunal and judicial review, and encourages improvement in the quality of initial decision-making in public administration. This chapter reviews the use made of internal review and evaluates the performance of several existing systems of internal review, concluding that they have failed to deliver the benefits claimed for them. Possible reasons for this failure are discussed and suggestions made as to what is required for internal review systems to achieve the aims to providing effective remedies for bad decisions and to contributing to improving initial decision-making.

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