Los «Administrative Law Judges» norteamericanos: imparcialidad administrativa y control judicial

2015 ◽  
pp. 129-162
Author(s):  
Francisco VELASCO CABALLERO
Keyword(s):  
Public Administration ◽  
Comparative Law ◽  
Administrative Law ◽  
The Public ◽  
Judicial Intervention ◽  
Administrative Agencies ◽  
Administrative Employees ◽  
Administrative Procedures ◽  
Open Issues

LABURPENA: Objektibotasuna eta Administrazioa Legeari lotuta izatea Zuzenbide Publiko Konparatuan beti irekita dauden gaiak dira. Helburu hori lortzeko, estatu bakoitzak hainbat tresna juridiko izaten ditu. Espainian, objektibotasunaren eta legezkotasunaren bermea epaileen esku utzi da, funtsean. Beste herrialde batzuek tresna administratiboak dituzte, helburu berberak lortzeko esku-hartze judizialaren beharrik gabe. Horrelakoak dira Ipar Amerikako ≪Administrative Law Judges≫ deituak. Administrazio-enplegatu independenteak dira (independentziazko estatutu ia judiziala dutenak), eta funtzio hau dute: aurkakotasun-prozedura administratiboetan interesdunei entzutea eta dagokion gaian erabaki objektibo bat proposatzea. Administrazio-agentzietako zuzendaritza-kargudunen aldean enplegatu publiko horiek duten independentziari esker, objektibotasuna eta legezkotasuna berma daiteke, esku-hartze judizialaren beharrik gabe. RESUMEN: La objetividad y la vinculacion de la Administracion a la ley son cuestiones permanentes abiertas en el Derecho publico comparado. Diversos son los instrumentos juridicos con las que, en cada Estado, se pretende alcanzar esos objetivos. En Espana, la garantia de objetividad y de legalidad se ha depositado, fundamentalmente, en los jueces. Otros paises disponen de instrumentos administrativos que, sin necesidad de intervencion judicial, pretenden alcanzar los mismos objetivos. Este es el caso de los llamados ≪Administrative Law Judges≫ del Derecho norteamericano. Son empleados administrativos independientes (con estatuto cuasi judicial de independencia) cuya funcion es oir a los interesados en los procedimientos administrativos contradictorios y proponer una decision objetiva en el correspondiente asunto. La independencia de la que disponen estos empleados publicos, respecto de los cargos directivos de las correspondientes agencias administrativas, permite asegurar la objetividad y legalidad sin necesidad de intervencion judicial. ABSTRACT : Objectivity and legality of the Public Administration are open issues in comparative law. Various are the legal instruments by means of which each nation intends to achieve those objectives. In Spain, the guarantees of objectivity and legality traditionally rely on the judicial branch of power. Other countries have displayed distinctive administrative instruments, different to judicial intervention, to achieve the same objectives. This is the case of the so-called ≪Administrative Law Judges≫ of US law. They are independent administrative employees holding quasi-judicial independent. Their task consists of conducting the hearings in contradictory administrative procedures and proposing objective decisions to the directors of the relevant administrative agencies.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

scholarly journals The main stages in the development of the official administration in Hungary

2020 ◽  
Vol 54 (2) ◽  
pp. 833-856
Author(s):  
Zoltán Józsa
Keyword(s):  
Public Administration ◽  
The Public ◽  
Window System ◽  
Straight Line ◽  
State Administration ◽  
Service Oriented ◽  
Administrative Procedures ◽  
The Government ◽  
Historical Comparative ◽  
Historical Periods

After a brief outline of the past, the study focuses on the three main elements of public administration: the organization, the tasks and competences, and the characteristics of the staff. Different but complementary research methods (historical, comparative and dogmatic) show the changes in the management and operation of state administration over historical periods. The formal, subordinated administration has gradually given way to a customer-friendly, service-oriented administration. The corresponding organizational framework is the government window system, while the institutions the Act of General Administrative Procedures provide the opportunity to implement fast, cheap and efficient state services. The commitment, skills, and professionalism of the public administration staff remain the most important factor for the realisation of a modern, service-oriented state. Changes like state administration are not straight-line, but the tendency is the strengthening of the help and service image.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

Towards Implementation of the Pan-European General Principles of Good Administration through Reforms of the Public Administration System

2020 ◽  
pp. 723-738
Author(s):  
Vache Kalashyan ◽  
Tigran Grigoryan
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Legal Order ◽  
Successful Implementation ◽  
Administration System ◽  
Full Extent ◽  
The Public ◽  
System P ◽  
The Impact

This chapter discusses the impact of the pan-European general principles of good administration on Armenian administrative law. The chapter claims that successful reform of Armenian public administration is an indispensable prerequisite for successful implementation of these principles but that there is still a long way to go. Besides this, the Armenian legal order is generally open to being shaped and influenced by the said principles and demonstrates numerous successful examples thereof. Nevertheless, the chapter highlights that usually the Armenian legislator is the only one to transfer these principles into Armenian law. It describes the reception of the pan-European general principles of good administration as still being under development in Armenia. The chapter concludes that in order to guarantee the full extent of ‘good administration’ it remains necessary that general reforming of Armenian public administration be successfully implemented.

Towards the Integration of E-Government Process in the University of Murcia

2015 ◽  
pp. 107-123
Author(s):  
Jesús D. Jiménez Re ◽  
M. Antonia Martínez-Carreras
Keyword(s):  
European Union ◽  
Public Administration ◽  
Business Processes ◽  
The European Union ◽  
The Public ◽  
Agile Processes ◽  
Service Oriented ◽  
Administrative Procedures ◽  
Automated Process ◽  
The University

Several countries are adopting e-government strategies for adapting the administrative procedures to automated process with the aim of obtaining efficient and agile processes. In this sense, the European Union has published some directives which indicate the need for European countries to adopt e-government in the public administration. Additionally, the Spanish government has published laws and documents for supporting the adoption of e-government in the different public administration. Concretely, the University of Murcia has developed a strategy for the adoption of e-government using a service-oriented platform. Indeed, this strategy has evolved for the adoption of BPM for its administrative processes. The aim of this chapter is explaining the strategy for the adoption of business processes in the University of Murcia.

scholarly journals Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

2015 ◽  
Vol 38 (2) ◽  
pp. 52-59
Author(s):  
Niina Mäntylä ◽  
Laura Perttola ◽  
Kristian Siikavirta
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Administrative Law ◽  
Soft Law ◽  
Eu Law ◽  
Public Governance ◽  
The Public ◽  
The Individual ◽  
Changing Role

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals Brazilian Administrative Law: influences, Characteristics and recent changes

2018 ◽  
Vol 5 (2) ◽  
pp. 1-20
Author(s):  
Irene Patrícia Nohara
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Administrative Law ◽  
Public Law ◽  
Law System ◽  
The Public ◽  
Deductive Method

The present article aims to expose, using the hypothetical-deductive method, the origins and influences of Brazilian Administrative Law. It is a descriptive article that focuses on the main characteristics of the discipline, belonging to the branch of public law. It also seeks to address recent changes to provide an up-to-date overview of the Brazilian Administrative Law system. It tries to explain how the new institutes and the reforms in the matter contribute to the functioning of the Public Administration.

scholarly journals Władczość i niewładczość administracji w jurysdykcyjnym postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (2)) ◽  
pp. 171-180
Author(s):  
Katarzyna Kłosowska-Lasek
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
The Public ◽  
Administration Culture ◽  
Administrative Proceedings ◽  
Partnership Approach

The implementation of a new administration culture (based on a partnership approach of public administration to citizens) causes the growing use of non-imperious forms and methods of public administration activity. This tendency also includes jurisdictional administrative proceedings, in which authoritative and non-authoritative actions of the public administration are intertwined. The aim of the article is to look at these tendencies and determine whether they are in accordance with the essence of the administrative law relation as a key notion of administrative law.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

Sign in / Sign up

Export Citation Format

Share Document