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 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>

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 The Position of the Attorney's Request for Information in Corruption Case Investigation as the Object of the Application for Abuse of Authority in the State Administrative Court (Study of Decision Number: 25 / G / 2015 / PTUN-MDN)

2020 ◽  
Vol 7 (6) ◽  
pp. 590
Author(s):  
Leni Eva Nurianti ◽  
Yuslim Yuslim ◽  
Khairani Khairani
Keyword(s):  
House Of Representatives ◽  
Administrative Law ◽  
The State ◽  
Criminal Proceedings ◽  
Abuse Of Power ◽  
Government Administration ◽  
Procedural Law ◽  
Object Based ◽  
The Absolute ◽  
The Government

The absolute authority of the State Administrative Court in examining, deciding and resolving State Administrative Disputes is based on objects in the form of decisions and / or actions regulated in the State Administrative Court Law (PERATUN Law) and the Government Administration Law (AP Law). In Decision Number: 25 / G / 2015 / PTUN-MDN, the Prosecutor's Request for Information is placed as the object of the request for abuse of authority. Based on these facts, normative legal research is carried out which aims to examine and analyze cases (case approach) with the statute approach and other regulations related to legal issues regarding how the limits of abuse of power are the absolute competence of the State Administrative Court and what is the position. Request for a statement from the Attorney General's Office in investigating corruption cases in the Procedural Law of the State Administrative Court. The conclusion of the research results is that the limit of abuse of power which is the absolute competence of the State Administrative Court is a decision and / or action as normalized in the Administrative Law and the Government Administration Law. The absence of procedural norms on abuse of authority in the Administrative Court Law makes Judges and Lawyers inaccurate in determining the legal basis for placing the Prosecutor's Request for Information as an object in the application for abuse of power when case Number : 25 / G / 2015 / PTUN-MDN is rolling in the Medan State Administrative Court . The norm vacancy is filled by Supreme Court Regulation Number 4 of 2015 which limits the absolute competence of the State Administrative Court in applications for abuse of power after the results of the Supervision of Government Internal Supervisory Apparatus and prior to criminal proceedings. The Prosecutor's Request for Information issued based on the provisions of the Criminal Procedure Code (KUHAP) cannot be placed as an object based on the norms of Article 2 letter d of Law Number 9 of 2004, so the author advises the President and / or the House of Representatives to design amendments to the Administrative Law so that it is harmonious with the new norms presented by the Government Administration Law and it is hoped that Judges and Lawyers as law enforcers and justice carry out the norms of the Law ethically so that they do not get lost in determining the object of the application for abuse of power. 

New Indian online rules risk state overreach and abuse

2021 ◽  
Keyword(s):  
Social Media ◽  
News Media ◽  
Public Discourse ◽  
Hate Speech ◽  
Central Government ◽  
Service Providers ◽  
Online News ◽  
Content Type ◽  
Digital Service ◽  
The Government

Significance The new rules follow a stand-off between Twitter and the central government last month over some posts and accounts. The government has used this stand-off as an opportunity not only to tighten rules governing social media, including Twitter, WhatsApp, Facebook and LinkedIn, but also those for other digital service providers including news publishers and entertainment streaming companies. Impacts Government moves against dominant social media platforms will boost the appeal of smaller platforms with light or no content moderation. Hate speech and harmful disinformation are especially hard to control and curb on smaller platforms. The new rules will have a chilling effect on online public discourse, increasing self-censorship (at the very least). Government action against online news media would undercut fundamental democratic freedoms and the right to dissent. Since US-based companies dominate key segments of the Indian digital market, India’s restrictive rules could mar India-US ties.

scholarly journals Tuareg-Rebellion, Islamismus und Staatskrise in Mali

2013 ◽  
Vol 43 (170) ◽  
Author(s):  
Thomas Greven
Keyword(s):  
Social Relationship ◽  
Central Government ◽  
The State ◽  
Islamic Fundamentalism ◽  
Coup D'etat ◽  
The North ◽  
Majority Population ◽  
The Us ◽  
The Government ◽  
Spontaneous Reaction

The root causes of the ongoing crisis in Northern Mali lie in the region’s underdevelopment, exacerbated by longstanding, if recently decreasing, neglect of the central government; the complex social relationship between the largest minority, the Tuareg, and the majority population, which has worsened since a largely unresolved crisis in the 1990s; and the growing interest of a small but growing number of actors involved in the drug trade and other criminal activities in the absence of the state. Among the latter have been a growing number of Jihadists, at first mostly from Algeria, who have been taking Western citizens hostage and therefore caused the US and France to pressure the Malian government to re-establish a presence of the state in the North. The clash was all but inevitable when several thousand heavily armed Tuareg fighters came to Mali after the defeat of Gaddafi in Libya. A new element of the crisis is the growing number of jihadists among the Tuareg rebels and other Malians, but neither Tuareg irredentism nor Islamic fundamentalism has more than minority support in Mali, Northern Mali, or among the Tuareg. The coup d’état against the president, while most likely a spontaneous reaction to the inability of the government to fight the rebellion, uncovered a structural crisis of Malian democracy and society. The disintegration of Mali’s long-praised formal democratic institutions after the coup showed fundamental problems. However, political supporters of the coup who assumed that the population’s tacit support of the coup could be turned into a movement for fundamental social change, had to find that it was largely an opportunistic and diffuse expression of general discontent.

scholarly journals Evolution of the Concept of Citizenship in the Islamic Thought: An Analysis

2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour
Keyword(s):  
The State ◽  
The Past ◽  
Islamic Thought ◽  
State And Society ◽  
The Government ◽  
The One ◽  
The Individual ◽  
Islamic Civilization ◽  
Political Economic ◽  
The Relationship

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.

scholarly journals KEBIJAKAN PENGGUNAAN SANKSI PIDANA DALAM PERUNDANG--UNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASIUNDANGAN HUKUM ADMINISTRASI UNDANGAN HUKUM ADMINISTRASI

2016 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Eman Sulaiman
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Administrative Law ◽  
Law Enforcement Agencies ◽  
Criminal Sanctions ◽  
Procedural Law ◽  
State Administration ◽  
The One ◽  
Level Of Understanding

<p>Abstract</p><p><span>The use of criminal sanctions as the main sanction has indicated the extent to<br /><span>which the level of understanding of the legislators to the problem of "crime and<br /><span>punishment". At least show that the limited understanding of the use of criminal<br /><span>sanctions also affect the determination of criminal sanctions in administrative<br /><span>law. "Errors" in the formulation of the implications for the difficulty and<br /><span>confusion in the law enforcement, because there is a gap of two disciplines,<br /><span>namely the criminal law on the one hand and on the other hand administrative<br /><span>law, which has its own procedural law. This confusion will lead to ambiguity in<br /><span>the resolution of cases of violation of administrative law contains criminal<br /><span>sanctions, whether enforcement will be carried out by law enforcement agencies<br /><span>within the criminal justice sisitem or whether officials of the state administration<br /><span>in the sphere of administration? Such circumstances, of course, will lead to the<br /><span>existence of legal uncertainty for the community.<br /><span>Kata Kunci: <em>sanksi pidana, hukum pidana, hukum administrasi</em></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span></p>

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

American Democracy Reconsidered: Part I

1973 ◽  
Vol 3 (1) ◽  
pp. 1-28 ◽  
Author(s):  
L. J. Sharpe
Keyword(s):  
United States ◽  
The United States ◽  
National Government ◽  
The State ◽  
City Government ◽  
State Governments ◽  
American Democracy ◽  
The People ◽  
The Government ◽  
The One

In his celebrated study of American democracy written in 1888, Lord Bryce reserved his most condemnatory reflections for city government and in a muchquoted passage asserted: ‘There is no denying that the government of cities is the one conspicuous failure of the United States. The deficiencies of the National government tell but little for evil on the welfare of the people. The faults of the State governments are insignificant compared with the extravagance, corruption and mismanagement which mark the administration of most of the great cities'sangeetha.

scholarly journals AN INSTITUTIONAL APPROACH TO THE ANALYSIS OF KLEPTOCRATIC ECONOMY IN THE CONTEXT OF EUROPEANIZATION

2019 ◽  
Vol 5 (4) ◽  
pp. 203
Author(s):  
Robert Pustoviit ◽  
Oleg Kuklin ◽  
Mykhailo Kryvoruchko
Keyword(s):  
Property Rights ◽  
Transaction Costs ◽  
Political Violence ◽  
The State ◽  
Market Mechanism ◽  
Ruling Elite ◽  
Methodological Basis ◽  
The Government ◽  
The One ◽  
Economic Formation

Relevance. Kleptocratic economy, as an institutional system, is oriented towards a key function that involves gaining wealth by the ruling elite through the introduction of non-market transaction costs for companies and households, which is based on administrative, bureaucratic, and political violence. For this purpose, the kleptocratic states create such systems of state institutional management that give the authorities the possibility of rent-oriented behaviour, which impedes the functioning of the real sector of the economy and encourages the shadow one. Under such circumstances, transaction costs are redirected to administrative intervention into the market mechanism, rather than aimed at increasing its efficiency; property rights are not clearly specified; the level of uncertainty about rules and norms of economic behaviour increases, and the motivational system of business activity is distorted. As a result, on the one hand, inefficient allocation of resources and slow economic growth (decline) are observed, and on the other hand, there is the redistribution of income in favour of the ruling elite and its excessive enrichment, that is detrimental to the welfare of the majority of the population. The aim of the article is to analyse the political-economic formation of a kleptocratic basis, which in the future transforms the state and its economy into kleptocratic formations; defining ways of counteraction and institutional capacity for transformations in the direction of Ukraine’s aspirations for European integration. Methodological basis. The methodological basis of the research is the work of domestic and foreign scientists in the field of institutionalism and kleptocratic economy. The models of the development of a kleptocratic state and the influence of kleptocratic factors on the socio-economic processes in the country have been studied with the application of the method of analysis, systematization, and generalization. Results. It is determined that in order to liquidate the grounds of kleptocratic economy, it is of primary necessity to eliminate institutional obstacles that interfere with the unification of the legal and shadow sectors of the economy and ensure their institutional formalization. This requires the introduction of effective ways of restraining the ruling elite in order to restrict corruption abuses of the government and its close reigning coalition with special privileges and bureaucracies and form an institutional structure, in which firms and households have clearly defined property rights and also have the possibility to protect contractual rights provided by formal institutes. Particular attention should be paid to the ways of civil society’s monitoring the state information policy and methods of adopting laws, which is, the institutional foundation that guarantees the openness of information as to the actions of government institutions. According to the results of the study, definite measures are proposed, the implementation of which will ensure the opportunities for Europeanization, particularly in Ukraine. The emphasis is placed on the fact that the important factors of counteracting the kleptocratic economy are the wage reform and the “transparent” selection of employees in the public administration sector on the basis of their professional qualities only.

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