scholarly journals Mediation in French administrative courts: what lessons for administrative justice?

2020 ◽  
Vol 71 (3) ◽  
pp. 457-479
Author(s):  
Sophie Boyron
Keyword(s):  
Empirical Study ◽  
Justice System ◽  
Administrative Law ◽  
Significant Challenge ◽  
The Core ◽  
Administrative Courts ◽  
Set Up ◽  
Reform Needs ◽  
Administrative Justice ◽  
Administrative Mediation

In 2016, the French Parliament introduced a new chapter on mediation in the Code of Administrative Justice. To succeed, this reform needs to reverse repeated failures in this field. In view of the significant challenge of embedding administrative mediation in the French administrative justice system, the reform and its implementation were informed by empirical findings arising from a mediation pilot set up by the administrative court of Grenoble in Spring 2013. An empirical study of the pilot and of the experience of rolling out administrative mediation in France forms the core of this article and the context in which to revisit foundational questions about mediation and administrative justice. I argue that mediation is not illsuited to administrative law disputes, but that to be integrated in a system of administrative justice, mediation requires the negotiation of a dedicated environment triggering in turn the emergence of a pluralist administrative justice system.

The Formation of the Italian Administrative Justice System, European Common Principles of Administrative Law, and ‘Jurisdictionalization’ of Administrative Justice in the Nineteenth Century

2021 ◽  
pp. 282-310
Author(s):  
Marco Mazzamuto
Keyword(s):  
Nineteenth Century ◽  
Justice System ◽  
Civil Law ◽  
Administrative Law ◽  
European Context ◽  
Administrative Courts ◽  
Administrative Justice

The present study deals with the formation of the Italian administrative justice system and its French derivation. The analysis therefore extends into the wider European context in the nineteenth century, showing the existence of European common principles of administrative law and providing reasons that explain why the administrative justice system achieved a citizen protection superior to that of the civil law tradition. Finally, the chapter focuses on the consequences of the process of ‘jurisdictionalization’ of administrative justice, suggesting that the gracieuse origins of administrative justice was more easily saved in systems, such as the French or Italian system, in which the ‘same’ administrative bodies in exercising administrative justice formally became administrative courts.

6. The administrative justice system

2021 ◽  
pp. 160-196
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Government ◽  
The Relationship ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Once again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the Transformation Programme and the response to the COVID-19 pandemic. It also considers the particular responsibilities of Members of Parliament in holding the Government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

6. The administrative justice system

2019 ◽  
pp. 156-190
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
Members Of Parliament ◽  
System P ◽  
The Relationship ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society, overseeing the relationship between the citizen and the state. Again adopting the holisitic approach, the chapter discusses not only the role of the courts, but also the tribunals, ombudsmen, and other bodies and processes that together make up the institutional framework of administrative justice. It notes some of the key changes being introduced as a result of the current transformation programme. It also considers the particular responsibilities of Members of Parliament in holding government to account. In addition, it asks who has general oversight of the system and whether current oversight arrangements are adequate.

6. The administrative justice system

2017 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
Institutional Framework ◽  
System P ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It then discusses the bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN GEORGIA

2019 ◽  
pp. 28-42
Author(s):  
Ketevan Tskhadadze
Keyword(s):  
Soviet Union ◽  
Administrative Law ◽  
Judicial Process ◽  
Important Place ◽  
The Core ◽  
The Soviet Union ◽  
Core Elements ◽  
Administrative Body ◽  
Administrative Code ◽  
Administrative Justice

Purpose. In 1999 the adoption of the General Administrative Code and Administrative Procedure Code in Georgia gave basis for creation of the new administrative law, since before the entry into force of the above-mentioned codes, Georgia had no tradition of the administrative law and, hence, no practice of the administrative justice. In Georgia being part of the Soviet Union, and in the Soviet Union overall, the administrative law did not exist with the understanding that is regulated by the modern administrative law. The communist doctrine of the administrative law radically differs from the modern administrative law because in those times the administrative legislation was mainly defining the citizens’ obligations before the administration, rather than ensuring citizens’ rights and protection of their interests. Methods. Therefore, the article discusses development stages of the administrative law, the path gone through by the administrative law starting from the formulation until present time, also the Soviet heritage and its influence on the development of the administrative law is discussed, along with the influence of the European reception and establishment within the Georgian legislation, the core factors are analyzed, which caused the necessity of the creation of new administrative law. Results. The significant part in the article is devoted to the discussion of the subject of administrative law and system of administrative law on the example of the Georgian administrative law. The core elements of the implementation of public administration are discussed, the notion of the administrative body, forms of activity of the administrative body and basic principles that are characteristic to the Georgian administrative law. Conclusions. In this regard, the important place is given to particularities of the administrative proceeding and judicial process in Georgia, namely, so called “prejudicial” rule of appealing within the administrative body, suspensive effect of the administrative appeal, principles of disposition and inquisition in the administrative process, as well as the institute of the amicus curiae is discussed, as a particularity of the Georgian administrative justice.

scholarly journals Reflections About the Administrative Process in Modern Russia

2021 ◽  
Vol 18 (3) ◽  
pp. 277-291
Author(s):  
A. A. Grishkovets
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
The Russian Federation ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
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.

6. The administrative justice system

2018 ◽  
Author(s):  
Martin Partington
Keyword(s):  
Justice System ◽  
Modern Society ◽  
Administrative Law ◽  
Institutional Framework ◽  
System P ◽  
Administrative Justice

This chapter focuses on administrative justice. It reflects on the nature of administrative law and the role it plays in modern society. It discusses the courts, tribunals, ombudsmen, and other bodies and processes that make up the institutional framework of administrative justice. It also considers the responsibilities of Parliament in holding government to account. In addition, it asks who has general oversight of the system.

Liberating Malawi's Administrative Justice Jurisprudence from Its Common Law Shackles

2011 ◽  
Vol 55 (1) ◽  
pp. 105-127 ◽  
Author(s):  
Danwood Mzikenge Chirwa
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
The Common ◽  
The Right ◽  
Administrative Justice

AbstractThe 1994 Malawian Constitution is unique in that it, among other things, recognizes administrative justice as a fundamental right and articulates the notion of constitutional supremacy. This right and the idea of constitutional supremacy have important implications for Malawi's administrative law, which was hitherto based on the common law inherited from Britain. This article highlights the difficulties that Malawian courts have faced in reconciling the right to administrative justice as protected under the new constitution with the common law. In doing so, it offers some insights into what the constitutionalization of administrative justice means for Malawian administrative law. It is argued that the constitution has altered the basis and grounds for judicial review so fundamentally that the Malawian legal system's marriage to the English common law can be regarded as having irretrievably broken down as far as administrative law is concerned.

The Individual and Administrative Justice

2021 ◽  
Author(s):  
Naomi Creutzfeldt
Keyword(s):  
Decision Making ◽  
Justice System ◽  
Service Users ◽  
Perceptions Of Fairness ◽  
Decision Making Processes ◽  
The Subject ◽  
Individual Justice ◽  
The Individual ◽  
Individual Service ◽  
Administrative Justice

This chapter discusses what individual justice means in the realm of administrative justice. The standards of justice and fairness that apply in administrative decision-making need consideration from the perspective of the service user. Should the administrative justice system serve the citizen or the state? What role do individual service users have in the design, use, and evaluation of more bureaucratic systems of redress? Different notions of justice, as they relate to primary decision-making processes, have been described through various models. This chapter provides a set of tools with which to study the subject and argues for the importance of user voice and perceptions of fairness in the provision of a more citizen-focussed justice.

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