scholarly journals Dopuszczalność drogi sądowoadministracyjnej od orzeczeń Komisji Regulacyjnej ds. Polskiego Autokefalicznego Kościoła Prawosławnego

2020 ◽  
Vol 4 (68) ◽  
pp. 161-175
Author(s):  
Robert Jastrzębski
Keyword(s):  
Orthodox Church ◽  
Administrative Procedure ◽  
Single Instance ◽  
Constitutional Tribunal ◽  
Regulatory Commission ◽  
The Right ◽  
Regulatory Committee

The article contains a historical and legal outline, taking into account the evolution of the jurisprudence of the Constitutional Tribunal and the Supreme Administrative Court. The admissibility of initiating the judicial-administrative procedure against the decisions of the Regulatory Commission of the Polish Autocephalous Orthodox Church is closely related to the judgments of these bodies. The author concluded that, in accordance with the provisions of the Act on the State’s Relationship to the Polish Autocephalous Orthodox Church, the ruling of the Regulatory Committee should be recognized as an administrative decision issued in a single-instance procedure. Such a decision is a final one, against which a party has the right to lodge a complaint to a voivodeship (i.e. provincial) administrative court.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 14 grudnia 2017 r., sygn. akt K 17/14

2021 ◽  
Vol 1(162) ◽  
pp. 179-191
Author(s):  
Justyna Karaźniewicz
Keyword(s):  
Narrow Scope ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Laws And Regulations

In the commented judgment, the Constitutional Tribunal stated that the provisions of laws and regulations providing for the right of officers of many services to search a person or carry out a personal inspection are inconsistent with the Constitution of the Republic of Poland. The inappropriate division of regulations between laws and sub-statutory acts, violating the constitutional requirement of specifying the principles and procedure of limiting the rights and freedoms of the individual at the level of a law, was rightly questioned. The Tribunal also referred to the obligation to ensure effective mechanisms of protection of individuals against unjustified interference with their rights through the introduction of effective measures of appeal against undertaken actions. Due to the narrow scope of the Ombudsman’s request initiating proceedings before the Tribunal, the consideration was limited only to certain aspects of searches and personal inspection. However, valuable, albeit fragmentary, references to the essence of these activities and their normative shape, desirable from the constitutional perspective, can be found in the judgement.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 16 maja 2018 r., sygn. akt SK 18/17

2021 ◽  
Vol 4(165) ◽  
pp. 147-158
Author(s):  
Agnieszka Kawałko
Keyword(s):  
Family Relationship ◽  
Time Limit ◽  
Biological Origin ◽  
The Right To Know ◽  
Civil Status ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Age Of Majority

The commented ruling of the Constitutional Tribunal concerns the constitutionality of the provision of Article 70(1) of the Family and Guardianship Code, which provided that the time limit for a child to bring an action to deny the paternity of his or her mother’s husband is three years and runs from the moment the child reaches the age of majority, regardless of the child’s know-ledge of his or her biological origin, i.e. regardless of whether the child within that time limit acquired knowledge that he or she did not come from his or her mother’s husband and whether the child could decide to bring an action. The expiry of the three-year period resulted in the expiry of the child’s right to claim the denial of paternity of the mother’s husband and, consequently, precluded the possibility of a positive determination of the paternity of a man other than the mother’s husband. The Constitutional Tribunal found this provision to be inconsistent with Article 30 in conjunction with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The author agrees with the position expressed by the Constitutional Tribunal in the judgment in question, which in this case provides a basis for consideration of the relationship between the right to know one’s biological origin and the value of stabilising the civil status of a child and persons remaining in an established family relationship with him or her.

scholarly journals The authority of the ecumenical patriarch in the Orthodox Church: A historico-canonical analysis

2010 ◽  
pp. 301-322
Author(s):  
Vasilije Vranic
Keyword(s):  
20Th Century ◽  
Canon Law ◽  
Historical Analysis ◽  
Vital Role ◽  
Eastern Orthodox ◽  
Orthodox Church ◽  
Christian Church ◽  
Exact Role ◽  
History Of ◽  
The Right

During the 20th century, the exact role and the scope of jurisdictional authority of the Ecumenical Patriarch was an object of attention of both theologians and historians. The problem of defining the Patriarch was reactualized through the intensification of conciliar negotiations of Orthodox Churches. The purpose of this article is to demonstrate that the pretensions of the Ecumenical Patriarch for universal jurisdiction over the entire Orthodox Diaspora, and the pretensions for the right of final arbitration in the ecclesial matters of the entire Orthodox communion, do not have a support in the Orthodox Ecclesiology. This will be argued in a historical analysis of the relevant prescriptions of the Eastern Orthodox Canon Law, which will be placed into the context of the history of the Christian Church, primarily of the Patristic period, since there disciplines play a vital role in the Orthodox understanding of Ecclesiological Tradition.

Administrative Procedure and Judicial Review in Germany

2021 ◽  
pp. 53-58
Author(s):  
Lilly Weidemann
Keyword(s):  
Judicial Review ◽  
Fundamental Rights ◽  
Access To Justice ◽  
Protective Effects ◽  
Administrative Procedure ◽  
Basic Law ◽  
Federal Statute ◽  
The Right ◽  
Substantive Law ◽  
Subjective Rights

This chapter explores administrative procedure and judicial review in Germany. The German Basic Law contains a guarantee of access to justice. According to section 40(1) of the Code of Administrative Court Procedure (CACP), recourse to the administrative courts shall be available in all public-law disputes of a non-constitutional nature insofar as the disputes are not explicitly allocated to another court by a federal statute. German administrative court procedure generally aims to protect subjective rights. In general, all measures taken by a public authority are subject to review by courts. This principle forms an essential part of the fundamental rights constitutionally guaranteed. Thus, no measure by the public administration is excluded from this guarantee. The infringement of a procedural provision with protective effects does not necessarily lead to the right of the applicant to have the decision quashed. This usually requires the infringement of a right of the appellant resulting from substantive law. Damages cannot be claimed within the same (administrative) court proceeding that aims to quash an administrative decision.

Standards of Judicial Review of Administrative Action (1890–1910) in the Austro-Hungarian Empire

2021 ◽  
pp. 41-72
Author(s):  
Angela Ferrari Zumbini
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Public Affairs ◽  
Main Theme ◽  
Administrative Procedure ◽  
Administrative Action ◽  
General Principles Of Law ◽  
Liberal Approach ◽  
The Right

This chapter argues that, if France has been the home of administrative courts, Austria has greatly contributed to the development of administrative law with regard to administrative procedure. Thanks to the Austrian Administrative Court, established in 1875, administrative law has been increasingly important in the regulation of public affairs. The chapter analyses the causes, development, and effects of these features. One main theme is, of course, the scope and purpose of judicial review of administrative action. In this respect, the chapter shows the growth of litigation and the liberal approach followed by the Court. Moreover, the role of the Court as lawmaker is examined in the light of the general principles of law that it developed. . Such principles included legality and procedural fairness, with particular regard to the right to a hearing and the duty to give reasons. Considered as a whole, they required public administrations to act reasonably rather than arbitrarily. Finally, it was judge-made law that constituted the basis for the codification of 1925.

The Main Features of the Law Amending the General Administrative Procedure Act

10.4335/32 ◽  
2009 ◽  
Vol 6 (1) ◽  
pp. 71-86
Author(s):  
Tjaša Ivanc
Keyword(s):  
Decision Making ◽  
Key Words ◽  
Cost Effective ◽  
Effective Procedure ◽  
Legal Regulations ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Administrative Procedures ◽  
The Law ◽  
The Right

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorising the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. KEY WORDS: • administrative procedure • electronic operations • right to appeal

The ‘Dosografa’ church in the treaty of Küçük Kaynarca

1979 ◽  
Vol 42 (1) ◽  
pp. 46-52
Author(s):  
Roderic H. Davison
Keyword(s):  
Ottoman Empire ◽  
Orthodox Church ◽  
Greek Orthodox ◽  
The Sublime ◽  
Greek Orthodox Church ◽  
Turkish Text ◽  
The Right ◽  
The Church

By the treaty of Küçük Kaynarca of 1774, which marked a disastrous defeat of the Ottoman empire by Russia, the Russians were accorded the right to build a church in Istanbul, in the Galata quarter. The treaty further specified that the church was to be under the protection of the Russian minister, who could make representations concerning it to the Sublime Porte. This church, and the Russian right to protect it and to make representations about it, furnished much of the basis on which Russian governments, in later years, built a claim to a broader right to protect the Greek Orthodox Church, even the Greek Orthodox people, in the Sultan's domains. The claims were exaggerated, but since the church in Istanbul was to be ‘of the Greek ritual’, as article 14 of the treaty said, the connexion seemed logical. The Turkish text of the treaty, however, as Cevdet Pasa reproduces it in his history, makes no mention of a church ‘of the Greek ritual’. Instead, his article 14 specifies that this church is to be called the dusugrafa or dosografa church ().

scholarly journals The Dialogue between the Supreme Administrative Court and the Constitutional Tribunal in the Preliminary Reference Procedure

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 126-137
Author(s):  
Anna Chmielarz-Grochal
Keyword(s):  
Reference Procedure ◽  
Constitutional Tribunal ◽  
Administrative Courts ◽  
The Republic ◽  
Prior Application ◽  
The Right

The purpose of the article is to analyze how the Supreme Administrative Court implements the right of this court to apply to the Constitutional Tribunal, enshrined in the Constitution of the Republic of Poland, with a request to examine the constitutionality of the legal act applicable in a particular case. The emergence of this investigation is marked by a noticeable decrease in the number of requests submitted by administrative courts to investigate the constitutionality of a legal act, which encourages the investigation of the causes of this phenomenon. The prior application of the court for the constitutionality of a legal act encourages the analysis of a specific cooperation dialogue between the requesting court and the Constitutional Tribunal.

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