Realizacja prawa wglądu w akta sprawy w postępowaniu administracyjnym

2021 ◽  
pp. 271-287
Author(s):  
Karolina Wojciechowska
Keyword(s):  
Working Hours ◽  
Administrative Records ◽  
Administrative Procedure ◽  
System A ◽  
The Hours ◽  
Information And Communication ◽  
On Line ◽  
Administrative Proceedings ◽  
The Right ◽  
Right Of Access

The subject of the article is an analysis of the realisation of the right to access to administrative records in public administration authorities. This right is the most important manifestation of the right of access to the records, which a party to administrative proceedings is entitled to. The right to access the administrative records is limited by the fact that the party has access to incomplete, unstructured, unnumbered records or unavailable records without issuing a refusal of access to the records, as well as access to the records in places not adapted for that purpose. The right of access is also limited by the following restrictions which do not exist in the Code of Administrative Procedure but are applied by the authorities: the hours of visitors and the queuing system. A party should be able to review his or her personal records during the office’s working hours in a room adapted for that purpose. I propose that the party should be able to access the records in the body’s information and communication system at on-line remote.

scholarly journals Participants in Administrative Court Proceedings in Multi-Stakeholder Proceedings

2021 ◽  
Vol 3 ◽  
pp. 123-143
Author(s):  
Jakub Polanowski
Keyword(s):  
Administrative Procedure ◽  
Public Announcement ◽  
Procedure Code ◽  
The Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
Multi Stakeholder ◽  
Administrative Proceedings ◽  
The Right ◽  
Right Of Access

This article is conceptual in nature and addresses the application of the rules on the participation of participants in administrative court proceedings. The main thesis of the paper is based on the statement that a person who, as a party to administrative proceedings, was notified, pursuant to Art. 49a of the Administrative Procedure Code, of the activities of an authority by public announcement, may become a participant in administrative court proceedings after fulfilling the condition specified in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The subsidiary thesis is that reasons of procedural efficiency require the adoption of such a limitation of the rights of the designated entities that will not infringe the essence of their right to a court and will not impede the exercise of that right by the parties and other participants to the proceedings. The purpose of this paper is to provide that Art. 49a of the Code of Administrative Procedure is one of the “special provisions” referred to in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The reasoning adopted is based on the assumption that the interpretation of the above provisions should take into account both the requirements arising from the right of access to court and the right to be heard without unreasonable delay and the need to minimise the costs of proceedings. The described issue, based on national research, is of significant importance for practice and have not yet been discussed in more detail in the doctrine.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals Mediator w postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 117-131
Author(s):  
Wiktor Trybka
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Mediation Process ◽  
Applicable Law ◽  
The Public ◽  
Administrative Procedure ◽  
Case Files ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.

On the issue of the optimal procedural form of judicial control over the observance of the right to freedom and personal integrity

2019 ◽  
pp. 372-384
Author(s):  
Nataliya Anatolevna Buraschnickova
Keyword(s):  
Russian Federation ◽  
Personal Integrity ◽  
Distinctive Features ◽  
Judicial Control ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
The Individual ◽  
Administrative Proceedings ◽  
The Right

The study is devoted to the analysis of the procedural form of consideration by the courts of the Russian Federation of administrative cases related to the implementation of judicial control over the observance of the right to freedom and personal inviolability. We give the main characteristics of material public legal relations, within which the state may exercise the statutory restriction of the right of the individual to freedom and inviolability. As a result of a study we come to a conclusion that the essence of these legal relations predetermines the necessity of functioning in the Russian Federation of preliminary judicial control over observance of the right to freedom and personal inviolability as the most effective guarantee of prevention of arbitrary and illegal restriction of this right. The nature of material legal relations and the nature of the law protected by the court indicate the need to consider such cases in the order of special administrative proceedings, the distinctive features of which are formulated by the author. The suggestions we give on amendments to the legislation on administrative judicial procedure aimed at the selection of cases on judicial review in cases of “special administrative procedure” with the establishment of the Code of administrative procedure of the Russian Federation the unified rules and regulations governing the handling all types of cases involving the exercise of judicial control over observance of the rights of citizens and organizations.

How many Instances in the Polish Administrative Procedure? Analysis of Normative Solutions in the Aspect of Procedures for Reviewing Decisions Issued by the Executive Bodies of Local Self-government

2020 ◽  
Vol 18 (4) ◽  
pp. 977-997
Author(s):  
Magdalena Maria Michalak ◽  
Przemysław Kledzik
Keyword(s):  
Administrative Procedure ◽  
The Subject ◽  
Administrative Courts ◽  
The Republic ◽  
Administrative Proceedings ◽  
The Right

Pursuant to the art. 78 of the Constitution of the Republic of Poland each party has the right to appeal against  judgments and decisions issued in the first instance. The Constitution also stipulates that administrative courts control the activity of administration in at least two-tier proceedings. Pursuant to the above, in Poland, decisions are issued in two-tier general administrative proceedings and may be subject to review in two-tier court administrative proceedings. The number and structure of procedures of appeal against administrative decisions have been a subject of discussion for years. Criticism of the current solution comes, among others, from local self-government representatives whose bodies issue the largest number of decisions in Poland. These issues have recently become even more relevant due to statutory obligation of reviewing Polish legislation in terms of legitimacy of reducing the number of administrative instances. The subject of the study is an analysis of possibility and purposefulness of limiting the number of instances in the administrative procedure, conducted on the example of a procedure for reviewing decisions of local self-government bodies. The reflection was made taking into account systemic and procedural position of Self-Government Boards of Appeal.

THE INSTYTUTION OF THE WAIVER OF THE RIGHT TO APPEAL IN GENERAL ADMINISTRATIVE PROCEEDINGS (ART. 127A K.P.A.)

2020 ◽  
Vol 2 (XX) ◽  
pp. 219-235
Author(s):  
Ewa Śladkowska
Keyword(s):  
Final Part ◽  
Administrative Procedure ◽  
Administrative Proceedings ◽  
The Right ◽  
Legal Consequences

The article presents the right to appeal against an administrative decision, which is a relatively new institution, introduced to the Code of Administrative Procedure on June 1, 2017. The article discusses the conditions that determine the recognition of a waiver of an appeal as effective, the legal consequences of the waiver of an appeal, as well as the most important problems regarding the use of this institution. Concise way to regulate this institution in the Code of Administrative Procedure for it raises a lot of ambiguities and causes discrepancies in both doctrine and administrative court rulings. The final part of the article contains general conclusions about the described institution.

Knowledge Management in University Libraries in the Information Technology Era

2016 ◽  
Vol 4 (1) ◽  
Author(s):  
Nagesh Kumar
Keyword(s):  
Information Technology ◽  
Knowledge Management ◽  
New Technologies ◽  
Service Organizations ◽  
University Libraries ◽  
System A ◽  
Internet Information ◽  
Information And Communication ◽  
Paper Work ◽  
The Right

Knowledge Management (KM) is one of the most important and valuable tasks in University libraries. There are varieties of knowledge in the world. The traditional sources of knowledge in libraries are manuscript, hard bounded books, journals, magazines, newsletters, newspapers, documents etc. In other words we can say that KM is limited up to paper work only. The new techniques and technologies are injecting a new culture in Knowledge Management system. A time will come when the paper work of library will be replaced with digital or electronic versions. Managing knowledge assets can be a challenge with the advent of new technologies such as Internet, information technology (IT), information and communication technology (ICT), networking service organizations (ERNET, NICNET, OCLC, INFLIBNET etc.), databases (www.manupatra.com, www.lexisnexis.com/in/legal, www.lexisnexis.com/ academic, www.westlawindia.com, www.jstor.org etc.), data mining, web casting etc. Therefore the concept of KM can be put forth with these words: Getting the right knowledge to the right people through right processes on right time by utilizing efficient IT infra-structure.

scholarly journals INSTITUTE OF ADMINISTRATIVE CLAIM: CURRENT STATE AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 28-34
Author(s):  
O. H. Kostromina ◽  
H. O. Babenko
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Administrative Claims ◽  
Administrative Procedure ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Right

An administrative claim is one of the main institutions of administrative justice. To understand the institution of an administrative claim as a complex legal structure covering the right of a person to apply to an administrative court with a request, it is necessary to clarify the concept, legal nature, types of administrative claim. The purpose of the article is the theoretical and legal characteristics of the categories of the institution of administrative proceedings, the definition of the concept, the definition of the essence and structure of an administrative claim, the criterion for its classification, making proposals aimed at improving the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a combination of general scientific and special methods of cognition. The research is based on the dialectical method of scientific cognition of the phenomena of reality in their development and interrelation. The achievement of certain research objectives led to the use of such methods as: the historical and legal method – when analyzing claims in administrative proceedings, the system analysis method made it possible to consider an administrative claim as a single system with its own structure and dynamics of development. The methods of analysis and synthesis, structural-functional, synergetic and other methods were also used, which made it possible to comprehensively explore the problematic aspects of understanding the institution of administrative claims. An administrative claim is understood as a material claim of the plaintiff for the protection of rights, freedoms and interests in public law relations, addressed to an administrative court. Various approaches to the classification of administrative requirements depending on the content are described. The internal structure of the administrative claim is described, in connection with which the provisions of the legislation are analyzed. The substantive and procedural aspects of the claim are highlighted. Analyzes the legal requirements for an administrative claim. It is noted that within the framework of administrative legislation, in particular in the Code of Administrative Procedure of Ukraine, the types of administrative requirements are not directly defined. It has been established that at the scientific and theoretical level, the main criteria for the classification of administrative claims are: the subject of an administrative claim, a method of procedural protection, a method of achieving procedural goals, the nature of material legal relations. The main tasks that an administrative claim solves as a procedural means of protecting rights, freedoms and interests in the field of public relations are determined.

What's New? Perspectives on Freedom of Information and the Internet

2011 ◽  
pp. 235-254
Author(s):  
Sonja Bugdahn
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Freedom Of Information ◽  
Access To Information ◽  
New Information ◽  
The Future ◽  
Information And Communication ◽  
Concept Of Information ◽  
The Right ◽  
Right Of Access

Critics of the notion or concept of “information society” have often made claims to put the new ICTs into a more historical and institutional context. As a response, in this chapter, the more than 200-year-old right of access to governmental information is selected as a reference point. A comprehensive review of literature reveals that this right can be analyzed from various perspectives. Examples are the politics, policy, and polity perspective; the market perspective; and the citizenship perspective. Each perspective highlights different aspects of the impacts a right of access to information can possibly have. The citizenship perspective turns out to be particularly interesting, because the traditional, but changeable concept of citizenship, and the right of access to information interact with each other. In a second step, the same perspectives can be utilized for an analysis of documents and literature on new Information and Communication Technologies (ICTs) in order to determine whether truly new and original elements are added to what has previously been analyzed in terms of access to information rights. The application of the freedom of information perspectives to Internet-based access to information allows for the identification of interesting research questions on the changing concept of citizenship, the future of national and transnational governance and the future of regulation.

scholarly journals El derecho a la desconexión digital: delimitación y análisis. Aplicación práctica en la Administración Pública.

2020 ◽  
pp. 64-91
Author(s):  
Diego MEGINO FERNÁNDEZ ◽  
Eugenio LANZADERA ARENCIBIA
Keyword(s):  
Information And Communication Technologies ◽  
Occupational Safety ◽  
Working Hours ◽  
Communication Technologies ◽  
Legal Analysis ◽  
Safety And Health ◽  
Information And Communication ◽  
The One ◽  
Under Construction ◽  
The Right

Laburpena: Azterlan honen xede nagusia da irakurleari deskonexio digitalaren eskubidearen inguruan azterketa juridiko eta pentsakor bat eskaintzea. Izan ere, oraintsuko lege harrerako irudia da, lanadiaren muturreko malgutasunarekin alderatuz, informazio eta komunikazio teknologiek bultzatuta (langileari etengabeko prestutasuna sortzen baitio eta, horren ondorioz, bere berme nagusi batzuk kaltetzen ditu). Horretarako, hasieran arreta bere konfigurazioan, artikulazioan eta ondorioetan oinarrituko da. Ondoren, erkidegoko enplegu publikoan azterketa espezifiko bat egingo da, egiaztatzeko alde batetik, eskumen horri emandako trataera testuinguru zehatz horretan. Eta, beste alde batetik, lotuta dagoen oinarrizko beste alderdi batuzekin jarritako modua;esate baterako, eskainitako zerbitzuen denbora, soldata, uztarketa, telelana, segurtasuna eta ingurune profesionaleko osasusna edo diziplina-araubidea. Era honetan, ikuspegi osoa eta eredugarria erraztu nahi da eraikitze-fasean dagoen gai baten inguruan eta ondorioztatuko den bezala, zehaztasun- eta garapen-maila handiagoa behar du legegilearen aldetik. Resumen: Este estudio tiene como objetivo fundamental ofrecer al lector un análisis jurídico y reflexivo acerca del derecho a «la desconexión digital», figura de reciente recepción legal como contrapeso frente a la flexibilidad extrema de la jornada laboral propiciada por las tecnologías de la información y la comunicación (capaces de acarrear una permanente disponibilidad para la persona trabajadora y, en consecuencia, la degradación de algunas de sus principales garantías). Para ello, en un primer momento la atención se centrará en su configuración, articulación y efectos. A continuación, se realizará un examen específico de la situación en el empleo público autonómico, a fin de verificar, por un lado, el tratamiento otorgado a dicha prerrogativa en ese particular contexto y, por otro, el modo en que ha sido puesta en relación con otras facetas básicas con las que conecta, como el tiempo de prestación de servicios, el salario, la conciliación, el teletrabajo, la seguridad y la salud en el entorno profesional o el régimen disciplinario. De este modo, se pretende facilitar una visión completa y ejemplificativa sobre una cuestión en plena fase de construcción y que, como se concluirá, requiere de una mayor concreción y desarrollo por parte del legislador. Abstract: The main objective of this study is to offer the reader a reflective and legal analysis of the right to «digital disconnection», a figure recently incorporated into law as a counterbalance to the extreme flexibility of the working hours, promoted by information and communication technologies (capable of causing permanent availability of the workers and, consequently, the degradation of some of their main labour guarantees). First of all, the attention will focus on its configuration, articulation and effects. Secondly, the situation in public sector employment will be specifically examined, to verify, on the one hand, the treatment given to that prerogative in this particular context and, on the other hand, how it relates to other basic aspects: working hours, salary, work-life balance, teleworking, occupational safety and health or the disciplinary regime. At the end, the reader will have a complete and ilustrative vision on an issue under construction and that needs further concretion and legal development.

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