OSTATECZNOŚĆ I PRAWOMOCNOŚĆ DECYZJI ADMINISTRACYJNEJ

Administrative Courts ◽

The aim of this article was an indication the most important differences between finaladministrative decision and valid administrative decision. The main basic for writing the articlewas a jurisdiction of administrative courts, both the Voivodship Administrative Courts, as theSupreme Administrative Court. Also served the jurisdiction of the Supreme Court.In the article was discussed an essence of one of general principles of the administrativeproceedings, i.e. the principle of stability of administrative decisions. Subsequently, the terms “finaladministrative decision” and “valid administrative decision” were defined and differences betweenthem were determined. In addition, in the article was presented the importance of administrativedecision in relation to two registers – the land and mortgage register and the land register.The matter which was addressed in the article is a proclamation to the last amendment of theCode of Administrative Procedure, which added a concept of valid decision. The showing differencesof final administrative decision and valid administrative decision is a special important knowledgefrom the point of view of administrative proceedings’ party, but the distinction both aspectsof administrative decision raises a problem even for organs, which settle the matter.

Administrative Procedure and Judicial Review in Lithuania

10.1093/oso/9780198867609.003.0012 ◽

2021 ◽

pp. 69-71

Author(s):

Agnė Andrijauskaitė

Keyword(s):

European Union ◽

Public Administration ◽

Judicial Review ◽

General Rule ◽

The European Union ◽

The Public ◽

The Law ◽

Administrative Courts ◽

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

Changes in the conduct of administrative proceedings in the scope of cadaster database

E3S Web of Conferences ◽

10.1051/e3sconf/20185500007 ◽

2018 ◽

Vol 55 ◽

pp. 00007

Author(s):

Ewa Sudoł

Keyword(s):

Information System ◽

Spatial Information ◽

Point Of View ◽

District Level ◽

National Geographic ◽

Government Administration ◽

State Register ◽

Administrative Procedures ◽

One of the components of the national spatial information infrastructure database (National Geographic Information System) at the district level is the records database of land and buildings. It is a state register that contains databases related to space and procedures and techniques for collecting, updating, processing and sharing information. A legal system regulating the procedures for keeping, updating and making available subject and object information included in the cadastres database is determined by the proper functioning of the land and buildings register (as part of the geodetic resource). The basis of department work in the field of keeping land and buildings records are primarily provisions of the Codex of Administrative Procedure of the Geodetic and Cartographic Law and regulations in the register of land and buildings. On 1 June 2017, a new Codex of Administrative Procedure came into force. In this paper have been presented the most important changes in conducting of administrative procedures in the field of geodesy at the district level after the aforementioned legal amendment. This paper touched the topics related to, among others, issued principle of resolving doubts in favor of the party (Article 7a), silent settlement of the case (Article 122a), administrative simplified proceedings (Chapter 14), appeal proceedings (Chapter 10). There have been presented examples of the most frequently conducted cases in the field of land and buildings registration in district country with particular emphasis on changes introduced by the latest legal amendments in connection with detailed regulations. The author focused on the logical interpretation of legal changes in order to show the problems connected with their application in practice (from the point of view of the proceedings and local government administration).

Zeszyty Naukowe Instytutu Administracji Akademii im Jana Długosza w Częstochowie Gubernaculum et Administratio ◽

A technical relic or a timeless communication device? Filing an application by fax in the general administrative proceedings

10.16926/gea.2021.02.23 ◽

2021 ◽

Vol 2(24) ◽

pp. 119-135

Author(s):

Agnieszka Skóra

Keyword(s):

Public Administration ◽

Electronic Communication ◽

Delivery Service ◽

Communication Device ◽

Administrative Courts ◽

Electronic Delivery

The aim of the study is to present the issues related to submitting applications by fax to a public administration authorites in general administrative proceedings. This issue raised and continues to cause significant practical problems; it is also a source of divergent views in the doctrine and in the judicature of administrative courts. The significance of this method of communication in the general administrative procedure (introduced into the Code of Administrative Proceedings in the January 1, 1999) remains so relevant that the Act of November 20, 2020 on Electronic Delivery Service leaves fax as one of the methods of submitting an application. The application can also be sent via faxmodem or a fax server. I assume that in this case, the fax machine, as part of an IT tool, meets the conditions for being considered a means of electronic communication within the meaning of Art. 2 point 5 of the Act of 18 July 2002 on the provision of electronic services in connection with joke. 3 point 4 of the Act of February 17, 2005 on the computerization of the activities of entities performing public tasks.

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

Lex localis - Journal of Local Self-Government ◽

10.4335/18.3.977-997(2020) ◽

2020 ◽

Vol 18 (4) ◽

pp. 977-997

Author(s):

Magdalena Maria Michalak ◽

Przemysław Kledzik

Keyword(s):

The Subject ◽

Administrative Courts ◽

The Republic ◽

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.

POSTĘPOWANIE W SPRAWIE O ROZGRANICZENIE (ZAGADNIENIA WYBRANE)

Zeszyty Prawnicze ◽

10.21697/zp.2009.9.1.12 ◽

2017 ◽

Vol 9 (1) ◽

pp. 265

Author(s):

Grzegorz Jędrejek

Keyword(s):

Point Of View ◽

Administrative Body ◽

Immovables’ Delimitation Procedure (Chosen Problems)SummaryThe aim of the article is to clear some doubts concerning the immovables’ delimitation procedure. The procedure takes place at the administrative body and then – if it becomes necessary – before the court which examines the case during voluntary jurisdiction proceedings. The legislator has made the possibility of a judicial way in the immovables’ delimitation procedurę dependent on some formal premises concerning the termination of the administrative proceedings. The court is only bound by the ‘objective’ extent of the delimitation procedure. It is by no means bound by the settlements accepted during the administrative procedure. It doesn’t evaluate the administrative procedure from the point of view of its legal accuracy either. The immovables’ delimitation procedure may only regard a part of a boundary between the immovables.

Reflections About the Administrative Process in Modern Russia

Siberian Law Review ◽

10.19073/2658-7602-2021-18-3-277-291 ◽

2021 ◽

Vol 18 (3) ◽

pp. 277-291

Author(s):

A. A. Grishkovets

Keyword(s):

Russian Federation ◽

Administrative Law ◽

Administrative Process ◽

Administrative Procedures ◽

The Russian Federation ◽

Administrative Courts ◽

Administrative Jurisdiction ◽

Administrative Justice

The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the adoption of the Code of Administrative Proceedings of the Russian Federation in our country, a real legal basis appeared for the creation of administrative justice, which resolves disputes between a citizen and the state. The legal nature of administrative justice and administrative jurisdiction is not the same. They belong to various subbranches of administrative law. The situation should be preserved when one part of cases of administrative offenses is considered by courts, and the other - by other bodies of administrative jurisdiction. The proposal to consider cases of administrative offenses in accordance with the norms of the Code of Administrative Proceedings is critically assessed. An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. The experience of creating administrative courts in France and Germany is presented. The reasons why the administrative courts were never created are indicated. Administrative cases are considered by courts of general jurisdiction. An attempt to adopt the Administrative and Administrative Procedure Codes of the Russian Federation is analyzed. The Code of Administrative Proceedings of 2015, on the basis of which administrative cases are considered, is, in fact, the Administrative Procedure Code. The proposal to develop and adopt the Federal Law “On Administrative Procedures” is critically assessed. It is concluded that the administrative process is a judicial procedure for considering cases arising from public legal relations according to the norms of the Code of Administrative Proceedings of the Russian Federation, as well as the activities of bodies of administrative jurisdiction, including the court, to consider cases of administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses.

Administrative Procedure and Judicial Review in Ukraine

10.1093/oso/9780198867609.003.0015 ◽

2021 ◽

pp. 79-81

Author(s):

Halyna Dovhan

Keyword(s):

Public Relations ◽

Judicial Review ◽

Public Law ◽

Administrative Act ◽

Administrative Courts ◽

The Right

This chapter evaluates administrative procedure and judicial review in Ukraine. The Constitution of Ukraine provides that 'Administrative courts function in order to protect the rights, freedoms, and interests of a person in the sphere of public relations'. According to the Code of Administrative Proceedings (CAP), all persons have the right to bring a case before the administrative court if they consider that their rights, freedoms, or legal interests have been infringed by the decision, action, or inaction of the empowered authority. While the Constitution states that the jurisdiction of courts covers any legal dispute, the CAP entrusts administrative courts with jurisdiction over all public-law disputes. Absent a law on administrative procedure or administrative acts, in such cases the courts use the provisions of the special law that regulates the concrete sphere. They examine the administrative act or measure from the viewpoint of its conformity with the criteria set forth in the CAP. If the court finds that there has been a breach of fundamental standards of administrative propriety and fairness, it is entitled to quash the contested act or measure and also to award damages.

Modern Approaches to the Determination of the Structure of an Administrative Procedure

Administrative law and procedure ◽

10.18572/2071-1166-2021-1-25-29 ◽

2021 ◽

Vol 1 ◽

pp. 25-29

Author(s):

Eduard L. Leschina ◽

Keyword(s):

Public Administration ◽

Point Of View ◽

Main Element ◽

Present Stage ◽

Legal Process ◽

Administrative Process ◽

Definition Of ◽

Тhe article considers the existing approaches to the definition of the administrative process and its structure. The conclusion is formulated that at the present stage, the General theory of the legal process, as well as the theory of administrative process, is still very difficult to consider universally recognized and finally formed. Further, the point of view that the administrative process is a broad collective concept that covers the legally significant activities of public administration and the court is substantiated. The main element of the administrative process is administrative proceedings, and the structure of the administrative process includes cases that have the characteristics of the process as a legal category. The existing disagreements among experts on the issue of inclusion in the structure of the administrative process of various categories of administrative proceedings (cases) are shown.

SPECYFIKA REGULACJI ADMINISTRACYJNOPRAWNEJ W PRAWIE KONSULARNYM. WYBRANE PROBLEMY USTROJOWE I PROCEDURALNE

10.31338/2544-3135.si.2020-87.17 ◽

2021 ◽

pp. 354-375

Author(s):

Michał Możdżeń-Marcinkowski

Keyword(s):

Foreign Relations ◽

Legal Status ◽

Administrative Law ◽

Point Of View ◽

The Other ◽

Fundamental Condition ◽

Administrative Procedures ◽

The Republic ◽

The article discusses a significantly modified regulation within administrative law applied in the consular service. There seems to be a need for a voice in the discussion regarding the legal status of a Consul of the Republic of Poland (as well as the other members of the diplomatic corpus) as seen from an administrative law point of view. In the background of two regimes of administrative and consular law, it is also undoubtedly necessary to indicate the basic procedural border problems. A very typical example are the modified administrative procedures provided for diplomacy, with particular emphasis put on the importance of jurisdictional administrative proceedings lead by the consul. The administrative procedure constructed in this way by the legislature differs in many points from the general administrative procedure performed by other Polish authorities. Therefore, to some extent, it can be perceived as a specific administrative consular law. The aim of this article is to signal the typical procedural differences and to point out their sources. “Consular administrative law” can be perceived as a special administrative procedure, which does not constitute part of the general administrative procedure applicable to all national authorities and citizens in Poland, but which still is a sub-branch of Polish consular law which applies to the Polish citizens and foreigners in a specific administrative situations. The existence of so-called “consular administrative law”, however, presupposes one fundamental condition, which is having and maintaining foreign relations in the first place.

Participants in Administrative Court Proceedings in Multi-Stakeholder Proceedings

Przegląd Prawa Administracyjnego ◽

10.17951/ppa.2020.3.123-143 ◽

2021 ◽

Vol 3 ◽

pp. 123-143

Author(s):

Jakub Polanowski

Keyword(s):

Public Announcement ◽

Procedure Code ◽

The Law ◽

Administrative Courts ◽

Court Proceedings ◽

Multi Stakeholder ◽

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.