SHAPING THE SYSTEM OF JUDICIAL CONTROL OF DISCIPLINARY DECISIONS IN SERVICE RELATIONSHIPS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 599-609
Author(s):  
Tadeusz Kuczyński
Keyword(s):  
Control System ◽  
Judicial Control ◽  
Systemic Analysis ◽  
Constitutional Principle ◽  
Service Relationships ◽  
Rules Of Procedure ◽  
Administrative Courts ◽  
Right Of Access

Initially, disciplinary liability was not subject to judicial control. The shaping of the judicial control of disciplinary decisions was a long-standing process which was finally established with the entry into force of the constitutional principle right of access to court. A systemic analysis of the provisions in question indicates that the system and functioning of this institution are not based on clear and rational assumptions that meet the postulated criteria of a satisfactory (decent) regulation. Existing provisions often regulate institutional, material and procedural aspects of this control in a different way. This approach to the control system puts the litigant parties (especially the accused) in unjustifiably different procedural situations resulting from different rules of procedure in force in common courts of law and administrative courts.

scholarly journals Theoretical approach of the main means of appeals in the European procedural law

2015 ◽  
Vol 87 (4) ◽  
pp. 2317-2333
Author(s):  
Oana M. Petrescu
Keyword(s):  
European Union ◽  
The European Union ◽  
Judicial Control ◽  
Procedural Law ◽  
Res Judicata ◽  
Court Of Justice ◽  
Rules Of Procedure ◽  
Ancient Times ◽  
Civil Service Tribunal ◽  
Extraordinary Means

Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentione is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.

scholarly journals Zawieszenie rekrutacji w szkolnictwie wyższym

2020 ◽  
Vol 6(161) ◽  
pp. 99-116
Author(s):  
Łukasz Kierznowski
Keyword(s):  
Higher Education ◽  
Scientific Literature ◽  
Case Law ◽  
Administrative Law ◽  
Constitutional Principle ◽  
University Recruitment ◽  
Constitutional Tribunal ◽  
Legal Position ◽  
Administrative Courts ◽  
The Individual

The aim of the study is to compare the admissibility of suspending (and in fact — annulling, abandoning) already announced and commenced recruitment in higher education, as recently approved in the case law of administrative courts, with the requirements of the constitutional principle of protecting trust in the state and law and the second degree principles derived from it, as well as to demonstrate the effects on the legal position of the individual of the consolidation of such a position and its dissemination in university recruitment resolutions in connection with new statutory regulations in the area of law on higher education and science. The study makes use of the scientific literature on constitutional and administrative law, the jurisprudence of the Constitutional Tribunal and administrative courts, and, auxiliary, other sources.

scholarly journals Administrative dispute reform: New attempt - old problems

2020 ◽  
Vol 54 (3) ◽  
pp. 1101-1121
Author(s):  
Ratko Radošević
Keyword(s):  
Public Administration ◽  
Successful Implementation ◽  
Judicial Control ◽  
Legal Standards ◽  
Legal Nature ◽  
Uncritical Acceptance ◽  
Administrative Courts ◽  
Court Proceedings

A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.

scholarly journals Constitutional principles in public administrator's decision-making under the case law of the Supreme Administrative Court of Lithuania

2018 ◽  
Vol 2 (1) ◽  
pp. 109-115
Author(s):  
Ieva Deviatnikovaitė
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Constitutional Court ◽  
Constitutional Principle ◽  
Family Names ◽  
Administrative Courts ◽  
The Republic

This paper serves few purposes. First, it examines the principles of public administration in Lithuania. Good administration principle is analysed as constitutional principle relying on the case law of the Supreme Administrative Court of Lithuania. Second, it explores impact of the decisions of Constitutional Court of the Republic of Lithuania to the contemporary judicial review of Lithuanian administrative courts. Therefore, one of the latest rulings of the Supreme Administrative Court of Lithuania related to the spelling of names and family names in the passports of citizens of the Republic of Lithuania will be reviewed.

The premise of the effect on trade among EU member states in projects concerning culture and heritage conservation within the framework of the implementation of the projects from EU funds – recommendations for judicial decisions

2018 ◽  
Vol 5 (2) ◽  
pp. 213
Author(s):  
Jarosław ODACHOWSKI
Keyword(s):  
Control System ◽  
State Aid ◽  
Heritage Conservation ◽  
Eu Member States ◽  
Legal Provisions ◽  
Public Aid ◽  
Legal Restrictions ◽  
Administrative Courts ◽  
And Control ◽  
The Eu

Aim: Public aid can be involved even in such peculiar public activity sector as culture and heritage conservation. Hence, the EU projects implemented in this area may be subject to legal restrictions on state aid. In this respect, particular legal doubts concerning state aid arise in the context of “impact on trade” premise. This situation is a consequence of both lack of clear definition thereof and the peculiar nature of culture projects. The present paper is aimed at identifying particular issues that ought to be taken into account when determining the possible impact on trade (recommendations for judicature). These issues aren’t actually defined in law, but only in few judgments and literature. Hence, there is a necessity to make further researches.Design / Research methods: Analysis of legal provisions, judgments and literature.Conclusions / findings: 1) It is practically impossible for relevant legal acts to encompass all possible instances of public aid in culture projects. Undoubtedly, judicature (both, of the ECJ and Polish administrative courts) attempts to fill in this peculiar gap by examining and resolving individual cases. 2) Nonetheless, the judicature is not able to account for all possible situations that can be encountered when implementing projects co-financed by the EU, either3) due to the specific nature of this project category, all the above-mentioned aspects and possible interrelations among them need to be considered in great detail. Therefore, each and every case has to be examined separately and individually 4) each of the elements should be examined in detail at every stage of determining whether public aid is granted in a given case (here: from the perspective of possible impact on trade) – both by beneficiaries of the EU funds as well as by institutions involved in management and control system and by administrative courts 5) in individual situations, the sequence of occurrence and intensity of individual elements may differ, which means that each and every case needs to be examined and resolved separately as regards the possible impact on trade and, consequently, the presence of public aid. Originality / value of the article: Contemplated problems are a subject of few judgments and literature. Value of this article is a scientific deepening of all discussed issues. This one is addressed to beneficiaries of the EU funds as well as to institutions involved in management and control system and administrative courts. Implications of the research: This article will enable beneficiaries and mentioned institutions and courts to interpret occurrence of public aid in above-mentioned projects in the appropriate way.

RELIEFS IN THE REPAYMENT OF PROPERTY TAX LIABILITIES, TAKING INTO ACCOUNT SPECIFIC LEGAL SOLUTIONS IN CONNECTION WITH THE SARSCOV2 PANDEMIC

2021 ◽  
Vol 1 (XXI) ◽  
pp. 185-198
Author(s):  
Tomasz Gwóźdź
Keyword(s):  
Public Interest ◽  
Property Tax ◽  
Economic Consequences ◽  
Legal Regulations ◽  
The Public ◽  
Tax Relief ◽  
Rules Of Procedure ◽  
The Subject ◽  
Special Solutions ◽  
Administrative Courts

The subject of the article is tax relief in the payment of property tax liabilities. Both solutions resulting directly from the Tax Code and those introduced in connection with the SARS CoV-2 epidemic and its economic consequences were taken into account. The types of discounts were discussed, as well as the conditions that must be met in order to apply them. It was indicated how to understand the important interest of the taxpayer and the public interest, referring to the decisions of administrative courts and the views of the doctrine. Special solutions for entrepreneurs in this regard were also analyzed separately. The most important rules of procedure for granting the requested tax reliefs are also presented. The article ends with conclusions and an attempt to evaluate the current legal regulations.

Judicial Control of Administrative and Legislative Acts in France

1915 ◽  
Vol 9 (4) ◽  
pp. 637-665 ◽  
Author(s):  
James W. Garner
Keyword(s):  
Individual Rights ◽  
Judicial Control ◽  
Interesting Fact ◽  
Private Rights ◽  
Illegal Acts ◽  
Administrative Courts ◽  
The Government ◽  
Council Of State

In recent years there has been an interesting and very remarkable extension of judicial control over the acts of the administrative authorities in France. The doctrine of recourse in annulment for excess of power, in particular, has undergone such an extraordinary development that it is probably safe to say that there is now no other country where private rights are better protected against arbitrary and illegal acts of public officers. It is an interesting fact also that this protection has not been created by legislation but is mainly the work of the council of state, and, to a less degree, of the court of cassation, the two supreme judicial tribunals of France.The solicitude which the council of state, especially, has shown for the protection of individual rights and the independence which it has exhibited as over against the government by whom the councillors of state are appointed and by whom they may be removed at pleasure is a sufficient answer to the criticism of those English and American writers who assert that the French administrative courts are the docile and servile instruments of the government, and that in controversies between the administration and private individuals their decisions are generally in favor of the administration.

Administrative Procedure and Judicial Review in Switzerland

2021 ◽  
pp. 75-78
Author(s):  
Thierry Tanquerel
Keyword(s):  
Judicial Review ◽  
General Principle ◽  
Judicial Control ◽  
Administrative Procedure ◽  
Administrative Action ◽  
Federal Constitution ◽  
Judicial Authority ◽  
Administrative Courts ◽  
The Right ◽  
Procedural Rights

This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law preclude the determination by the courts of certain exceptional categories of case'. It is widely recognized that Article 29a Cst. grants the right of judicial review of administrative action to everyone whose rights or obligations are affected by such an action. Judicial review of administrative action is entrusted partly to courts with general jurisdiction, partly to specialized administrative courts, and partly to specific independent appellate committees. As a general principle, procedural rights are deemed 'formal rights' by the Federal Tribunal, whose violation would cause the act or the measure at stake to be quashed irrespective of its substantive merits. However, there are certain acts or measures issued by Swiss authorities which escape judicial control, when those acts or measures are primarily of a political nature. When an act is appealed before a court, the only question at stake is the validity of the act. If the court finds it unlawful for procedural or substantive reasons, it will either quash it or modify it to make it lawful.

Through which glass darkly? Constitutional principle in legality and constitutionality review

2020 ◽  
Vol 49 (2) ◽  
pp. 131-150
Author(s):  
Léonid Sirota
Keyword(s):  
United Kingdom ◽  
Constitutional Rights ◽  
Supreme Courts ◽  
Constitutional Principle ◽  
The United Kingdom ◽  
The Common ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Impact ◽  
Right Of Access

In recent years, the Supreme Courts of Canada and the United Kingdom have decided very similar cases on the permissibility of high fees for access to adjudication. The outcomes of the cases were similar: the fees were struck down. In the Canadian case, they were held to infringe s 96 of the Constitution Act, 1867; in the United Kingdom, they were said to be a violation of the common law right of access to courts not authorized by statute. Yet a comparison of the reasoning of the two supreme courts is instructive. While the UK Supreme Court forthrightly and thoughtfully engaged with the impact of the fees at issue on the Rule of Law, the Canadian one failed to do so and instead relied on a strained interpretation of a constitutional provision of questionable relevance. This suggests that, perhaps surprisingly, legality review, being less bound up with constitutional text and causing courts less anxiety about its legitimacy, can allow the courts better to canvass the real issues cases implicating constitutional rights and principles present than constitutionality review.

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