Administrative Law and Private Law

The Justice ◽  
2020 ◽  
Vol 181 ◽  
pp. 80-108
Author(s):  
Hyun-Joon Kim
Keyword(s):  
Administrative Law ◽  
Private Law

Malta

2015 ◽  
Author(s):  
Richard Frimston ◽  
Overdijk Claire ◽  
Annalise Micallef
Keyword(s):  
Common Law ◽  
Administrative Law ◽  
Private Law ◽  
Hybrid Form

Maltese law is best described as a hybrid form of law. Whereas the private law is based on the Napoleonic Code, other areas of law have been shaped on common law models, namely the constitutional and administrative law of the island, as well as legislation in areas of commercial and financial areas.

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 Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law

2017 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Enforcement ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Market Abuse ◽  
Annotated Guide ◽  
Market Abuse Directive

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.

Administrative Law

2021 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Public Law ◽  
First Century ◽  
Government Agencies ◽  
Private Law ◽  
The Subject ◽  
The Common ◽  
Twenty First Century

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.

scholarly journals Profesora Jana Bocia koncepcja interesu w prawie administracyjnym

2019 ◽  
Vol 16 (1 (1)) ◽  
pp. 165-174
Author(s):  
Marta Wożniak
Keyword(s):  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Traditional Definition ◽  
The Individual ◽  
The Relationship ◽  
Academic Interests

This paper does not aspire to offer an overall presentation of Prof. Jan Boć’s contribution to the concept of interest, but is intended to point out several views of this author on the design of legal interest in administrative law, including an attempt to assess their validity.Some of these views now require revising, others give them a fresh look. Professor Jan Boć commented on the relationship between public law and private law, made successful attempts to define the relationship. In the area of Professor Jan Boc’s academic interests, there has always been the individual, and therefore the Professor devoted considerable space in his work to the construction of legal interest of the individual, which went beyond the traditional definition describing the conceptof public interest.

scholarly journals The Abuse of Rigts in Tax and Administrative Law

2011 ◽  
Vol 11 (1) ◽  
pp. 125-144
Author(s):  
Martina Radkova
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Abuse Of Power ◽  
European Public

Abstract Aim of this article is to point out the recent development of the principle of abuse of rights in tax and administrative law. Subject of this article is not abuse of discretion, abuse of rule of law, abuse of power or eventual other abuses. Although abuse of rights is traditionally category of private law, we could observe application of this institute in European public law including the Czech public law.

scholarly journals The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts

2021 ◽  
Vol 10 ◽  
pp. 662-667
Author(s):  
Solechan Solechan ◽  
Keyword(s):  
Problem Solving ◽  
Legal Aspects ◽  
Administrative Law ◽  
Government Procurement ◽  
Private Law ◽  
Legal Relationship ◽  
Procurement Contract ◽  
Government Procurement Contract ◽  
Service Procurement ◽  
Procurement Contracts

Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private legal issues are resolved through administrative law. Theoretically, this study contributes to the resolution of this problem, there are intersections between two legal aspects, namely private law and administrative law. In practical terms, this study encourages the development of government goods/service procurement contract problem-solving practices to adopt the contract problem-solving method starting to use administrative law.

Constitutional Dialogues

2019 ◽  
pp. 127-161
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Decision Making ◽  
Fundamental Problem ◽  
Administrative Law ◽  
The Other ◽  
Private Law ◽  
Constitutional Courts ◽  
The Face

Apex courts face a fundamental problem: they cannot succeed in building systematic effectiveness in the face of regular opposition from the other branches of government, but they must sometimes invalidate the acts of those institutions to make rights effective. Chapter 5 considers how a court can build effectiveness while inducing inter-branch cooperation. A key is proportionality, which provides an infrastructure for the construction of dialogic jurisprudence. Constitutional courts delineate “zones of proportionality” within which policymakers enjoy meaningful policy discretion, albeit within guidelines set by the court. The chapter considers how rights-based, constitutional dialogues play out in three contexts, with respect: to legislating, making and enforcement of administrative law, and in the adjudication of private law disputes. These dialogues not only serve to secure other institutions’ acquiescence to the court’s jurisprudence, but drive proportionality reasoning into their decision-making routines, and hence into the legal domains over which they preside.

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