The role of administrative courts in shaping the development directions of the sustainable development principle: remarks regarding case-law in environmental protection and spatial planning cases

Motivation: This text presents the results of the process of juridization of the sustainable development principle in international, EU and national law, as well as the development of that principle with regard to the application of law practice. Aim: At the same time, the text attempts to define the role of an administrative court as a body reinterpreting the sustainable development principle in environmental protection and spatial planning cases, bearing in mind both the ecological as well as social justice outlook Results: As a result, the study presented focuses on determining the impact of the administrative courts’ established case-law on the application of the sustainable development principle by national public administration authorities.

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

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.

A CASH EQUIVALENT FOR UNUSED LEAVE OF A POLICE OFFICER.PROBLEMS OF JURISPRUDENCE OF POLICE BODIES RELATED TO THE CONSTITUTIONALITY OF ART. 115A OF THE POLICE ACT

The article presents the difficulties that, in the application of, currently, both for public administration bodies and administrative courts, art. 115a of the Police Act. In the conclusions it was stated that one of the sources of misunderstandings on the background of this regulation is the duality of the legal form of action used by the Police authorities specifying the right to a police equivalent, i.e. the company of a material and technical act when the law is granted, and the form of an administrative decision when it occurs to refuse to accept the officer’s request.

Urgent applications in French administrative justice

The institute of urgent judicial decisions is a special procedure for administrative justice bodies in France, which allows to prescribe effectively and quickly a wide range of necessary measures (from the appointment of expert examinations to the suspension of normative administrative acts) and to protect the legitimate interests of individuals and organizations. There are two main categories of urgent judicial decisions, accordingly their functional purpose. The procedural features of urgent judicial decisions are related to the obligation of the French administrative courts to establish conditions for urgency and the need to prescribe certain measures as a matter of urgency. These criteria, being evaluative, are specified by the jurisprudence of the French administrative courts, according to which the judge determines whether there is a threat of causing immediate and sufficiently serious harm to the interests of the applicant and whether there is a need to take urgent measures, taking into account the circumstances of the case. At the same time, the urgent applications judge does not consider the case, but sets temporary measures that can be changed in the course of further proceedings. The article suggests creating mechanisms in Russian law that are similar to those existing in the French legal regulation of urgent judicial decisions in administrative cases. In particular, the author suggests expanding the powers of Russian courts to suspend normative administrative acts and individual decisions when courts take measures of preliminary protection in administrative claims.

Administrative Courts as Judicial Authorities

The present article is a research on the administrative jurisdictions according to Bulgarian legislation. It analyses the Constitution of the Republic of Bulgaria, the practice of the Constitutional Court and the current legislation. The juridical features are pointed out and the need for such juridical bodies is discussed.

Zákaz zneužitia veřejných subjektívnych prav a slobôd

The aim of the article is to point out the growing phenomenon of the abuse of public subjective rights and freedoms by private persons in public administration. It analyzes the legal nature of the abuse of rights and freedoms, and the competence of public administration authorities. The author mentions some of the most well-known cases decided by the Constitutional Court and administrative courts in the Czech Republic and Slovakia.

Vliv organizace státní správy na (místní) příslušnost soudů ve správním soudnictví

This paper deals with changes that have taken place in the organisation of state administration from the perspective of administrative justice and its local jurisdiction. In order to do so, the paper answers the basic question of whether the organisation of state administration (in terms of the local jurisdiction of administrative authorities) and the organisation of administrative courts (also in terms of their local jurisdiction) are related or not. In this context, it is worth considering whether the organisation of administrative justice should follow the organisation of the public/state administration as such and its trends, or even the opposite, and whether the two phenomena should not be independent of each other. The paper summarises the issue of the criteria for determining the local jurisdiction of administrative courts, the legal regulation of which has undergone certain developments, similar to the development of the legal regulation of the organisation of the state administration. The question is whether any common indicators can be traced. The issue under examination is not only of a purely practical nature, such as the criteria for determining the local jurisdiction of an administrative court. It is related to the overall state of both the state administration and the administrative justice and their organization, and it offers a number of questions of a more general nature, such as the formal and informal impact of “its” regional court on the administrative authorities within its jurisdiction, the influence of their case law on “local administrative law”, the question of the availability of administrative courts, or access to them, as well as their caseload. Overall, the paper discusses whether it is possible to find any relationship, or rather consequences, arising from the local jurisdiction of administrative authorities, resulting of course from the form of the organisation of the state administration, and the (non)corresponding local jurisdiction of the administrative justice. Possible de lege ferenda considerations in terms of the organisation and local jurisdiction of the administrative justice are also mentioned.

The Contemporary Significance of the Principle of Proportionality in Tax Law

The principle of proportionality plays a key role in shaping the principles of the tax law system, as it is an important element in the protection of taxpayer’s rights. The interpretation directive related to the principle of proportionality has a doctrinal, normative, and jurisprudential character. It is an EU and constitutional standard and should become a rule used on a daily basis in the practice of tax authorities. As a general principle of tax law, it is addressed to the legislative, executive, and judicial authorities. The article analyses the case law of the CJEU, the Constitutional Tribunal and the Supreme Administrative Court, which leads to the following conclusions. The CJEU quite often refers to the principle of proportionality in its jurisprudence and has developed a jurisprudence doctrine based on the doctrine of law. The Constitutional Tribunal, although in a limited scope, also employs the principle of proportionality. In disputes between tax authorities and taxpayers, Polish administrative courts apply the principle of proportionality using a pro-EU and pro-constitutional interpretation.

Legal Position of Administrative Courts in Poland

The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.