COMMENTARY JUDGEMENT OF NACZELNY SĄD ADMINISTRACYJNY OF 14 DECEMBER 2010; REF. ACT I OSK 1155/10

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 381-390
Author(s):  
Patrycja Majewska
Keyword(s):  
Public Administration ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Do So

This commentary discusses the issue of the form of merging cases by a public administration body in the course of proceedings. The provisions of the Code of Administrative Procedure do not specify in which form is to decide on the combination of cases. The author shares the view of the Naczelny Sąd Administracyjny according to which it can be assumed that the public administration body would do so in the form of an unjustified resolve, but there is no such obligation. Therefore, the lack of a resolve on the combination of cases initiated by the applicant’s claims does not constitute violation of the law.

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

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 Domniemanie prawidłowości milczącego załatwienia sprawy

2018 ◽  
Vol 114 ◽  
pp. 45-58
Author(s):  
Barbara Adamiak
Keyword(s):  
Public Administration ◽  
Time Limit ◽  
Final Decision ◽  
The Public ◽  
Administrative Procedure ◽  
The Law

PRESUMPTION OF THE CORRECTNESS OF THE SILENT DEALING WITH THE CASESummaryThe silent dealing with the case enters into legal circulation on the day following the day on which the time limit stipulated for issuing the decision or ruling terminating the proceedings in the case or raising objections expires Article 122c § 1 of the Code of Administrative Procedure. The silent dealing with the case acquires the aspect of the fi nal dealing with the case. According to art. 122g in fi ne of the Code of Administrative Procedure “It is assumed that the eff ect of issuing the final decision was made within fourteen days from the date of expiry of the deadline referred to in art. 122C § 1.” The silent dealing with the case is valid in the legal circulation, binding both the public administration bodies and the party parties. The silent dealing with the case benefits from the protection of durability, being legally binding as a solution to the case in accordance with the law. Undermining the durability of a silent dealing can be done by rebutting the presumption of correctness based on the law in the procedures provided for verifying the decision, as well as a result of an inspection of the enforcement of the decisions applicable to the silent dealing with the case Article 122g of the Code of Administrative Procedure.

Fuzzy Lines: Using the Best-Selling Novel to Illustrate the Blurring Boundaries of “Public”

Public Voices ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 46
Author(s):  
Nolan J. Argyle ◽  
Gerald A. Merwin
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Public And Private ◽  
Contracting Out ◽  
The Public ◽  
Current Trends ◽  
Civic Community ◽  
Additional Area ◽  
Do So

Privatization, contracting out, and a host of other current trends blur the line between public and private—they create what at best is a fuzzy line. This study examines yet one additional area where the lines between public and private have gotten even fuzzier—the best selling novel. It uses the writings of Tom Clancy and Clive Cussler,two authors whose names on a novel guarantee best-seller status. It will do so in the context of what a civic community and civil society are, and how they relate to the public-private question, a question that has renewed life in public administration.

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

La incidencia de la Ley del Procedimiento Administrativo Común de las Administraciones Públicas sobre la potestad normativa local

2017 ◽  
pp. 87-141
Author(s):  
Lucía CASADO CASADO
Keyword(s):  
European Union ◽  
Primary Objective ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
Legislative Initiative ◽  
The Law ◽  
Regulatory Evaluation ◽  
Regulatory Powers ◽  
Laws And Regulations

LABURPENA: Ekonomiako Lankidetza eta Garapenerako Erakundeak eta Europar Batasunak bultzatutako erregulazioa hobetzeko politika gero eta gehiago garatu da Espainian eta 2015ean bultzada esanguratsua jaso du, urriaren 1eko 39/2015 Legea, Herri Administrazioen Administrazio Prozedura Erkideari buruzkoa, onartuta. Lege horrek titulu berria dakar —VI.a— legegintza-ekinbidea eta erregelamenduak eta bestelako xedapenak emateko ahalmena arautzeko. Bertan, legegintza-ekinbidea eta lege mailako arauak egiteko ahala erabiltzeari, erregelamenduak egiteko ahala erabiltzeari, erregulazio onaren printzipioei, araudiaren ebaluazioari, arauen publizitateari, arauen plangintzari eta herritarrek lege mailako arauak eta erregelamenduak egiteko prozeduran parte hartzeari buruzko xedapen batzuk jasotzen dira. Lan horrek arlo horretan 39/2015 Legeak sartutako berritasunak aztertzen ditu, tokiko ikuspegitik, haren xedapenak administrazio publiko guztiei eta, beraz, toki-administrazioei ere, aplikatzen baitzaizkie. Helburu nagusia Legeak tokiko arauak egiteko ahalean daukan eragina aztertzea eta, ondorioz, arlo horretan tokiko eremuan sartzen diren berritasun nagusiak zehaztea da, haren aplikazioak ekar ditzakeen erronka, arazo eta zalantza batzuk ikusteko eta balizko irtenbideak emateko. RESUMEN: La política de mejora de la regulación, impulsada por la Organización para la Cooperación y el Desarrollo Económico y por la Unión Europea, se ha desarrollado en España de forma reciente y ha recibido un impulso significativo en 2015, con la aprobación de la Ley 39/2015, de 1 de octubre, del procedimiento administrativo común de las administraciones públicas. Esta Ley incluye un nuevo Título —el VI—, destinado a regular la iniciativa legislativa y la potestad para dictar reglamentos y otras disposiciones. En él se recogen algunas previsiones sobre el ejercicio de la iniciativa legislativa y la potestad para dictar normas con rango de ley, el ejercicio de la potestad reglamentaria, los principios de buena regulación, la evaluación normativa, la publicidad de las normas, la planificación normativa y la participación de los ciudadanos en el procedimiento de elaboración de normas con rango de ley y reglamentos. Este trabajo se centra en el análisis de las novedades incorporadas en esta materia por la citada Ley 39/2015 desde una perspectiva local, dada la aplicación de sus previsiones a todas las administraciones públicas y, por consiguiente, también a las administraciones locales. El objetivo primordial es analizar la incidencia de esta Ley sobre la potestad normativa local y, en consecuencia, determinar las principales novedades que se incorporan en esta materia en el ámbito local, con el fin de apuntar algunos retos, problemas e incertidumbres que su aplicación puede suscitar y aportar posibles soluciones. ABSTRACT: Policies to improve regulation promoted by the Organisation for Economic Co-operation and Development and the European Union have recently been applied in Spain and in 2015 received a significant boost with the passing of Law 39/2015, of 1 October, on common administrative procedure for the public administrations. This Law includes a new Section (VI) which regulates legislative initiative and the power to create regulations and other provisions. The law contains provisions regarding the execution of legislative initiative and the power to create regulations with the force of laws, the exercising of regulatory power, the principles of good regulation, regulatory evaluation, regulatory publicity, regulatory planning and the participation of citizens in the process of creating legislation with the force of laws and regulations. The present study analyses the changes made to local regulatory powers by the aforementioned Law 39/2015, given that its provisions are applicable to all public administrations and, therefore, also to the local administrations. The primary objective is to analyse the effect of this Law on local regulatory powers and, therefore, to determine the principle new changes that have been made to local regulatory powers, with the aim of identifying the challenges, problems and uncertainties that may arise through the application of the Law and to propose possible solutions.

scholarly journals ADMINISTRATIVE AND LEGAL INSTRUMENTS FOR ENSURING THE IMPLEMENTATION OF STATE POLICY IN THE FIELD OF EUROPEAN INTEGRATION OF UKRAINE

2019 ◽  
pp. 78-83
Author(s):  
E. O. Kazmiryshyn
Keyword(s):  
Civil Society ◽  
European Integration ◽  
Public Administration ◽  
State Policy ◽  
Scientific Literature ◽  
The Public ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Research Problems ◽  
Stated Purpose

The article is devoted to determining the list of administrative and legal instruments for ensuring the implementation of state policy in the field of European integration of Ukraine. In order to achieve the stated purpose, it seems necessary to solve the following research problems: 1) to analyze the domestic scientific literature devoted to understanding the category of “administrative and legal instruments” or its analogues; 2) identify the types of administrative and legal instruments used by public administration entities in implementing state policy in the field of European integration of Ukraine; 3) to specify the prospects of expanding the list of administrative and legal instruments that public administration entities may use in implementing state policy in the field of European integration of Ukraine. As a result of the study the following conclusions are reached: they use the appropriate administrative and legal instruments to perform the tasks assigned to the subjects of the public administration of Ukraine involved in the implementation of state policy in the sphere of European integration of Ukraine. The conducted research allows to state that the specifics of this direction of state policy of Ukraine determines their insignificant list. These include: by-laws, planning acts and information acts; the necessity of introducing a clear procedure for involving civil society institutions and interested individuals in developing, discussing and monitoring the implementation of state policy plans in the field of European integration of Ukraine has been proved. The procedure for such involvement should be defined at the level of the Administrative Procedure Code of Ukraine; the necessity of expanding the list of administrative and legal instruments used by the public administration of Ukraine in implementing state policy in the field of European integration of Ukraine is substantiated. Their extension is possible, for example, through the involvement of administrative contracts, in particular: subordination and coordination administrative agreements. They could become the legal basis for the interaction of public administration entities of Ukraine, as well as subjects of national public administration and local self-government bodies or civil society institutions in particular areas of implementation of state policy in the field of European integration of Ukraine.

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.

Democracy as Public Law: The Case of Constitutional Rights

2013 ◽  
Vol 14 (8) ◽  
pp. 1017-1037 ◽  
Author(s):  
Richard Bellamy
Keyword(s):  
Ad Hoc ◽  
State Power ◽  
Public Law ◽  
Constitutional Rights ◽  
Public Power ◽  
The Public ◽  
Public Behavior ◽  
The Law ◽  
Over Time ◽  
Do So

The distinctive domain and character of public law have become—and in certain respects always were—unclear and, to a degree, contested. As a result, any definition is likely to be to some extent stipulative. For my purposes, I want to refer to public law in two broad and related senses—as applying to a certain kind of body and its functions, and as requiring a certain kind of justification. The first sense refers to the actions of the state and its administration. Of course, it will be pointed out that these are increasingly performed by private bodies and often involve legal activities that have been associated with private parties and doctrines, such as procurement and contract. Nevertheless, government and the administrative apparatus more generally can still be considered as possessing distinctively broad, authoritative, and coercive powers which in various ways make their subjection to the law both problematic and pressing: Problematic in that they play a central role in the making and enforcement of the law, pressing in that this role renders them more powerful than other bodies. The second sense enters here. For the justification of state power has come to rest on its serving the public ends of the ruled rather than private ends of the rulers, and certain public qualities of law have been thought to oblige those who wield state power to do so in a publically justified and justifiable way. Ruling through laws has been viewed as different from rule by willful, ad hoc commands because laws have certain characteristics that render them capable of coordinating and shaping public behavior in consistent and coherent ways over time, while ruling under the law likewise forces rulers to adopt public processes and offers an additional incentive to devise laws that treat rulers and ruled equitably. Again, these matters are far from straightforward. How far laws need to, or even can, always possess the requisite qualities and the degree to which these do constrain power holders are matters of dispute. Yet, that all law has to have some public qualities—for example, that it be promulgated and capable of being followed in ways that make it publicly recognized as law—and that these features formalize power to a degree, is reasonably undisputed. Increasingly, though, and even more controversially, many jurists have wanted to suggest that legality also involves certain substantive qualities of a public kind—that laws must appeal to public reasons that all subject to them can accept as reflecting, or being compatible with certain basic interests or values that are equally shared by all. Such arguments have come to be identified with rights and in particular constitutional rights, which are deemed to set the terms of how and to what purpose political power may be legally exercised. In this way, the two senses of public law come together. Constitutional rights define and mark the limits of public power in ways that can be publicly justified, and thereby ensure it serves public ends. They thereby serve what Martin Loughlin calls the “basic tasks of public law;” namely, “the constitution, maintenance and regulation of governmental authority.”

Competences of Public Administration of the Slovak Republic in the Area of Defense

2020 ◽  
Vol 11 (2) ◽  
pp. 151-165
Author(s):  
Ryszard Szynowski
Keyword(s):  
Public Administration ◽  
Political Power ◽  
Slovak Republic ◽  
The State ◽  
Self Administration ◽  
The Public ◽  
Government Administration ◽  
The Law ◽  
The Government ◽  
The Many

In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.

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