Behördliche Beratung und Informationsrisiko

2020 ◽  
Vol 53 (4) ◽  
pp. 501-534
Author(s):  
Johannes Eichenhofer
Keyword(s):  
Civil Law ◽  
Administrative Law ◽  
General Information ◽  
Present Contribution ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Constitutional State ◽  
The Social ◽  
The Individual

In the social constitutional state, the administration’s mandate is not limited to making legal and expedient decisions. According to § 25 of the German Administrative Procedure Act and parallel provisions in social, tax and procurement laws, the office administrators are obliged to advise the individual to a certain extent on the exercise of their rights, whereby the requirement of legality and expediency is at least to some extent supplemented by a requirement of optimization. The present contribution will discuss the justification, the regulatory context, and the extent of the duty to provide advice, as well as the consequences of insufficient or incorrect advice. The institution of official advice is interesting for the discipline of administrative law as it stands at the interface of civil law and administrative law (substantive and procedural), and therefore, is able to reconstruct its dogmatic form on the basis of the “doctrine of legal relations”. Finally, the official duties to advise exemplify how administrative procedural law deals with information risks – a hitherto neglected component of general information administrative law.

scholarly journals THE STRUGGLE OF WORLDVIEWS IN THE FORMULATION OF LEGAL NORMS ON MEASURES OF ADMINISTRATIVE AND PROCEDURAL ENFORCEMENT

2021 ◽  
pp. 35-41
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Administrative Law ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Court Proceedings ◽  
Theory Of Law ◽  
The One ◽  
Scientific Worldview ◽  
National Police ◽  
Rule Making

The article reveals the main contradictions that arise between the scientific worldview and the worldview of the legislator on measures of administrative coercion. Emphasis is placed on the fact that in the development of regulations that contain administrative law, often ignore the achievements of the science of administrative law and process and use the achievements of related sciences, in particular, the theory of state and law, theory of public administration, theory of procedural law, etc. On the one side, this indicates the openness of knowledge of administrative law, because it uses the experience of other sciences, and, on the other – the chaos of scientific knowledge about administrative law phenomena, as well as the further process of unbalancing the existing doctrine of administrative law. On the example of the provisions of the Law of Ukraine “On the National Police” the inconsistency of the norms of the administrative legislation with the provisions of the doctrine of administrative law on measures of administrative coercion is revealed. Also, on the example of the provisions of the Code of Administrative Procedure of Ukraine, the influence on the process of formation of norms of administrative law on measures of administrative coercion of the provisions of the theory of civil procedural law is revealed. It is proved that the measures of procedural coercion are heterogeneous in terms of target orientation and consequences of application. Some of them are aimed at providing evidence in the case, some – to ensure court proceedings, and some of them – to punish the person who violated the requirements of procedural law. Instead, administrative procedural legislation, regulating measures of procedural coercion, ignores the theory of administrative law and process and borrows the experience of civil procedural and economic procedural regulation. It is emphasized that the unification of procedural legislation, which is taking place today in Ukraine, destroys the system of science of administrative law and process. It is concluded that the rules of administrative law, which enshrine measures of administrative coercion and measures of procedural coercion, indicate a significant gap between the theory of law and rule-making, which threatens the continued existence and development of the theory of administrative law and process.

scholarly journals Administrative Acts of the European Union

2018 ◽  
Vol 6 (2) ◽  
pp. 35
Author(s):  
Marek Jaśkowski
Keyword(s):  
European Union ◽  
The European Union ◽  
Present Contribution ◽  
Member States ◽  
Administrative Procedure ◽  
Administrative Act ◽  
The Individual ◽  
The Eu

In light of the transfer of the non-negligible extent of administrative competences from member states to the EU it is important not to deprive the interested individuals of legal guarantees, originally enjoyed by them under the national law of administrative procedure. Therefore, formal qualification of an act at the EU level should not result in diminishing individual procedural protection. With this assumption in mind the present contribution is intended to construe a notion of an administrative act of the European Union on the basis of national law conceptions of administrative acts. Subsequently, the article presents an analysis of various categories of EU acts in light of a uniform notion of the individual administrative act as an attempt to standardize the structures, procedures and methodologies employed in different domains of EU competence.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Real Estate ◽  
Social Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Special Role ◽  
Real Property ◽  
Procedural Law ◽  
State Registration

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.

The importance of international lump sum indemnity agreements in the context of communalisation of land in Warsaw under the Warsaw Decree

2021 ◽  
Vol I (I) ◽  
pp. 155-175
Author(s):  
Ewa Olas
Keyword(s):  
International Law ◽  
Civil Law ◽  
Administrative Law ◽  
Capital City ◽  
Public International Law ◽  
The Public ◽  
Administrative Procedure ◽  
Lump Sum ◽  
The Impact ◽  
Legal Consequences

This article aims at analysing the legal effects of international lump sum indemnity agreements entered into by Poland with states whose citizens and other entities had been deprived of their real properties by virtue of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa (the so-called “Warsaw Decree”). Firstly, it presents the circumstances of agreements’ execution, their legal consequences under the public international law as well as their subjective and objective scope. Secondly, the article describes the impact of international lump sum indemnity agreements on civil law relations in Poland and the sphere of administrative law and administrative procedure. It also identifies one of the main problems regarding interpretation of international lump sum indemnity agreements in domestic proceedings concerning real properties in Warsaw.

scholarly journals Administrative Law in the Time of Corona(virus)

2021 ◽  
Vol 6 (1) ◽  
pp. 35-50
Author(s):  
István Hoffman ◽  
István Balázs
Keyword(s):  
Public Discourse ◽  
Central Government ◽  
Administrative Law ◽  
The State ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Second Tier ◽  
The Government ◽  
The One ◽  
Simplified Procedure

The Hungarian administrative law has been significantly impacted by the Covid-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general code on administrative procedure has been weakened: new, simplified procedure and regime have been introduced. The local self-governance has been impacted by the reforms. The transformation has had two, opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance have been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (megye), has been strengthened by the establishment of the special economic (investment) zones. On the other hand, the municipalities could be interpreted as a ‘trash can’ of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. Although these changes have been related to the current epidemic situation, it seems, that the ‘legislative background’ of the pandemic offered an opportunity to the central government to pass significant reforms. From 2021 a new phenomenon can be observed: the state of danger has remained, but the majority of the restrictions have been terminated by the Government of Hungary. Therefore, the justification of the state of danger during the summer of 2021 became controversial in Hungarian public discourse.

scholarly journals REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»

2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Functional Purpose

Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.

scholarly journals Ayat-Ayat Hukum dalam Alquran Mengatur Hubungan Sesama Manusia

2021 ◽  
Vol 6 (1) ◽  
pp. 165
Author(s):  
H. Hendrianto ◽  
Lutfi Elfalahy
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Civil Law ◽  
Administrative Law ◽  
Study Data ◽  
Law And Finance ◽  
Human Beings ◽  
Literature Study ◽  
Human Relationships ◽  
Procedural Law

This study aims to reveal the legal verses in the Koran, especially the legal verses about human relationships (habluminannas) that have been written in the Koran, as a guide or reference for Muslims. Especially in the case, the number of verses regarding muamalah law is relatively small, especially when compared to the law verses on worship. While the development of life seems to continue to change. while the verse has no changes and additions. This research was conducted with literature study, data collection techniques using documentation techniques with data analysis, namely content analysis. The results show that the verses of muamalah law are classified into 7 (seven) sections, including those related to family law, civil law, criminal law, procedural law, administrative law, economic law, and finance. The verse of law regulates fellow human beings or muamalahs which provide little opportunity for Muslims to implement muamalah activities in accordance with the guidelines contained in the Koran and Hadith, if not explicitly explained it is supported by other legal products such as ushul fiqh and kaedah- fiqh principles.

Restriction of the owner’s right to dispose of and use the owner’s premises in the event of a preventive measure being applied against the owner under Article 275a of the Code of Criminal Procedure

2021 ◽  
Vol I (I) ◽  
pp. 177-194
Author(s):  
Piotr Rogoziński
Keyword(s):  
Civil Law ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Individual Rights ◽  
Property Ownership ◽  
Procedural Law ◽  
Violent Offence ◽  
The Individual ◽  
The Impact

The author discusses the impact of a preventive measure in the form of an order to temporarily vacate premises occupied together with an aggrieved party, imposed upon a person charged with a violent offence committed to the detriment of the cohabiting person, on the exercise of civil-law rights to the premises by the said accused, in particular when the accused is the owner of the premises. The individual rights jointly constituting the property ownership right are analysed in the context of a preventive measure referred to in Article 275a of the Code of Criminal Procedure. The meaning of the notion of “premises” as used in the procedural law in relation to the preventive measure and its relation with the civil law is examined as well. The article also features a summary and conclusions.

LIMITATION OF THE DEFECTIVENESS OF A DECISION IN THE GENERAL ADMINISTRATIVE PROCEDURE

2021 ◽  
Vol 2 (XXI) ◽  
pp. 179-194
Author(s):  
Ewa Śladkowska
Keyword(s):  
Civil Law ◽  
Administrative Law ◽  
Time Limits ◽  
Administrative Procedure ◽  
General Studies

The issue of the passage of time is important for administrative law, and the legal effects of the passage of time are much more diverse in this branch of law than, for example, in civil law. Until recently there were no general studies of the issue of the statute of limitations in administrative law. According to the current views of doctrine, the statute of limitations is an institution present in administrative law, albeit only in a residual form. Its construction consists of the lapse of time specified in the administrative law regulations and the passivity of the entity authorized to take a particular action, which results in the expiration of rights or obligations. The article attempts to assess whether the time limits for the elimination of administrative acts from legal turnover in extraordinary procedures regulated by the Code of Administrative Procedure can be referred to as the statute of limitations, despite the constructional differences.

scholarly journals Administrative Law in the Time of Corona(virus): Resiliency of the Hungarian Administrative Law?

2021 ◽  
Vol 30 (1) ◽  
pp. 103
Author(s):  
István Hoffman ◽  
István Balázs
Keyword(s):  
Public Administration ◽  
Central Government ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Second Tier ◽  
The One ◽  
Simplified Procedure ◽  
And Task

<p class="Default">The Hungarian administrative law has been significantly impacted by the COVID-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general code on administrative procedure has been weakened: new, simplified procedure and regime have been introduced. The local self-governance has been impacted by the reforms. The transformation has had two opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance has been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (<em>megye</em>), has been strengthened by the establishment of the special economic (investment) zones. On the other hand, the municipalities could be interpreted as a “trash can” of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. Although these changes have been related to the current epidemic situation, it seems, that the “legislative background” of the pandemic offered an opportunity to the central government to pass significant reforms.</p>

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