scholarly journals The POSITIVE SILENCE TO THE REMOVAL OF TREES – AN ANALYSIS OF A LEGAL INSTITUTION

2019 ◽  
Vol 36 (1) ◽  
pp. 7-26
Author(s):  
Anna Haładyj ◽  
Katarzyna Kułak-Krzysiak
Keyword(s):  
Environmental Protection ◽  
Point Of View ◽  
Legal Institution ◽  
Nature Protection ◽  
Administrative Procedure ◽  
Tree Removal ◽  
Common Nature ◽  
Administrative Proceedings ◽  
The Right

The authorisation for removing trees constituting a common nature protection instrument was supplemented in 2017 by the obligation to notify the intention to remove trees. The right to notify and object to the intention of tree removal corresponds conceptually to the model of positive silence provided for in the amended Code of Administrative Procedure as one of the ways of administrative silence. Our objective is to analyse procedural solutions and the substantive institution of environmental protection law which consists in a notification from the point of view of assessing the correctness of its application when considering law science and administrative proceedings

scholarly journals Legal Aspects of the Imposition and Enforcement of an Administrative Penalty for Failure to Register a Vehicle Imported from the Territory of a European Union Member State

2021 ◽  
Vol 30 (2) ◽  
pp. 33
Author(s):  
Tomasz Brzezicki ◽  
Piotr Rączka ◽  
Jacek Wantoch-Rekowski
Keyword(s):  
End Of Life ◽  
Union Member ◽  
Road Traffic ◽  
Legal Aspects ◽  
European Union Member State ◽  
Legal Institution ◽  
Administrative Procedure ◽  
Traffic Law ◽  
Administrative Proceedings ◽  
Administrative Penalty

<p class="Akapitzlist1">The amendment to the Act on Road Traffic Law introduced a new legal institution related to failure to register a vehicle consisting of an administrative fine in the amount of PLN 200 to 1,000. The penalty is imposed by means of an administrative decision issued by a competent starost. With the introduction of the above-mentioned institution in legal circulation, new problems will arise in connection with conducting administrative proceedings to impose a penalty, as well as determining its amount. In addition, a starost, as a creditor, is obliged to initiate enforcement proceedings in the absence of voluntary execution of the decision imposing the penalty. The established body aims to ensure the implementation of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles, concerning, i.a., the absence of sanctions for not registering an imported vehicle and not registering an end-of-life vehicle. The following article discusses the main problems related to the application of the institution introduced with regard to the administrative procedure, the nature of the penalty imposed, as well as its enforcement. The considerations were carried out on the basis of a dogmatic method.</p>

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

2018 ◽  
Vol 55 ◽  
pp. 00007
Author(s):  
Ewa Sudoł
Keyword(s):  
Information System ◽  
Spatial Information ◽  
Point Of View ◽  
District Level ◽  
National Geographic ◽  
Government Administration ◽  
Administrative Procedure ◽  
State Register ◽  
Administrative Procedures ◽  
Administrative Proceedings

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).

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.

OSTATECZNOŚĆ I PRAWOMOCNOŚĆ DECYZJI ADMINISTRACYJNEJ

2018 ◽  
Vol 17 (1) ◽  
pp. 7-15
Author(s):  
Małgorzata Olczyk
Keyword(s):  
Point Of View ◽  
Administrative Procedure ◽  
Administrative Courts ◽  
Administrative Proceedings

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.

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.

RECONCILIATION ON THE DECISION ON ENVIRONMENTAL CONDITIONS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 85-96
Author(s):  
Grzegorz Dobrowolski
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Environmental Protection ◽  
Environmental Conditions ◽  
Point Of View ◽  
Practical Point ◽  
Administrative Procedure ◽  
Environmental Impact Assessments ◽  
The Subject ◽  
Detailed Interpretation

The subject of this article is the analysis and detailed interpretation of the provisions of the Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and environmental impact assessments (Journal of Laws of 2020, item 283) concerning reconcilation decisions on environmental conditions. The issues discussed in the article are important both from the theoretical and practical point of view. It refers to the continuous development of a specific administrative procedure, which is the “procedure in environmental matters”. The practice of applying the above-mentioned provisions is also important. Environmental impact assessments play a key role in the investment proces.

Administrative Procedure and Judicial Review in Hungary

2021 ◽  
pp. 59-61
Author(s):  
András Zs. Varga
Keyword(s):  
Judicial Review ◽  
Point Of View ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Basic Law ◽  
Legal Remedy ◽  
Administrative Measure ◽  
Constitutional Right ◽  
Judicial Procedures ◽  
The Right

This chapter studies administrative procedure and judicial review in Hungary. Section (1) of Article XXVIII of the Basic Law of Hungary (the Constitution of 2011) regulates the right to a fair trial reproducing the text almost word-for-word as found in Article 6 of the European Convention on Human Rights (ECHR). Consequently, anyone effected by an administrative measure has the (constitutional) right to judicial review. Section (7) guarantees the right to legal remedy against decisions of the courts, the public administration, or other authorities that infringe their rights or demonstrable interests. The two regulations are effective even separately, but their combined effect is that the judicial review of administrative action is an incontestable constitutional right. Administrative courts decide on the legality of the administrative action from the point of view of substantive and procedural administrative law, the judicial review is regulated by Act I of 2017 on the Code on Judicial Review of Administrative Actions, while a lawsuit for damages is heard by the ordinary court in a civil law procedure regulated by Act CXXX of 2016 of the Code of Civil Judicial Procedures.

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