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Journal articles on the topic 'Administrative decisions'
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1
Frumarová, Kateřina. "Nullity and Other Defects of Administrative Decisions in the Czech Republic." Baltic Journal of European Studies 5, no. 2 (October 1, 2015): 70–89. http://dx.doi.org/10.1515/bjes-2015-0014.
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AbstractThis article deals with the issue of administrative decision, which represents one of the principal forms of the realization of public administration in the Czech Republic. Even if the Czech legislation provides for its issuance a number of requirements in relation to its content and form, in practice, however, there are violations of these legal conditions and requirements and then we talk about a defective administrative decision. According to how to remedy the defective administrative acts, distinction is made between formally defective administrative decisions, factually inaccurate decisions, unlawful decisions, and next to them, separately null administrative decisions. The main attention is paid to the nullity, because only the nullity represents the most serious and also irremovable defect of an administrative decision. As the null decision does not exist from the perspective of law, it is not able to affect the rights and duties of its recipients. The null acts, as the only category of defective administrative acts, constitute an exception to the principle of the presumption of validity and correctness of administrative acts.
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Kupita, Weda. "State Administrative Court as a Means to Realize Justice." SHS Web of Conferences 54 (2018): 03007. http://dx.doi.org/10.1051/shsconf/20185403007.
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The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.
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Saeed, Dana AbdulKareem, and Dlshad Fatah Faraj. "Protection of the Acquired Rights towards the Administration Authority in withdrawing the Administrative Decisions." Journal of Legal and Political Studies 7, no. 2 (December 22, 2019): 165–208. http://dx.doi.org/10.17656/jlps.10158.
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Nadiyya, Ahsana. "URGENSI CONTEMPT OF COURT DALAM PELAKSANAAN PUTUSAN PTUN: STUDI PERBANDINGAN INDONESIA DAN THAILAND." Yustitia 8, no. 1 (April 30, 2022): 48–61. http://dx.doi.org/10.31943/yustitia.v8i1.148.
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The implementation of the decisions of the State Administrative Court (PTUN) in positive law has been strengthened by using administrative and civil coercive measures in the form of imposition of forced money. However, in the decision execution mechanism, the Administrative Court does not have an executive body, so that the State Administration Officer is often disobedient and does not implement the Administrative Court decisions. Thus, citizens' constitutional rights to justice that have been decided by the State Administrative Court can be threatened. This study aims to compare the PTUN system in Thailand and Indonesia and analyze the urgency of contempt of court action. This research uses normative research with a statutory approach and a comparative approach. The results of this study are that there is no regulation regarding the contempt of court and the executorial institutions of the Administrative Court decisions in Indonesia. Meanwhile, Thailand already has a contempt of court regulation and an executive body that functionally carries out the execution of litigants. Therefore, the regulation and implementation of contempt of court to State Administration Officials who do not implement the Administrative Court decisions is an urgency to increase the effectiveness of the execution of Administrative Court decisions in Indonesia.
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Pattipawae, Dezonda Rosiana, Hendrik Salmon, and Natanel Lainsamputty. "Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions." SASI 28, no. 2 (May 7, 2022): 182. http://dx.doi.org/10.47268/sasi.v28i2.730.
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Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body
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Supriyadi, Supriyadi, and Widyatmi Anandy. "Dinamika Penanganan Pelanggaran Administrasi." Jurnal Adhyasta Pemilu 3, no. 2 (December 6, 2021): 141–58. http://dx.doi.org/10.55108/jap.v3i2.15.
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Bawaslu is an institution that is given the authority to resolve election / election administration violations. The nature of Bawaslu's decisions and recommendations for administrative violations must be followed up by the KPU and its officials, this is confirmed in the provisions of Article 462 of Law No. the administration issued by Bawaslu is not obeyed by the institution implementing the decision / recommendation. Identification of problems: first, what is the nature of mandatory norms in the provisions of the Election / Pilkada Law? Related to follow-up on decisions / recommendations of Bawaslu Administrative Violations? Second, how is the Compliance with the Decision / Recommendation of Administrative Violation of Bawaslu? Third, what factors influence compliance with Bawaslu Administrative Violation Decisions / Recommendations? This research is a normative juridical study with a focus on analyzing decisions / recommendations for administrative violations of Bawaslu. in this study using a statutory approach, a case approach, and a conceptual approach. The data sources used are primary, secondary and tertiary data. The research results and conclusions. First, the "mandatory" norm in the construction of Article 462 of the Election Law and Article 139 paragraph (2) of the Election Law is imperative (order / force). Second, the KPU institutionally still has an attitude of indifference
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Fejes, Erzsébet, and Iván Futó. "Artificial Intelligence in Public Administration – Supporting Administrative Decisions." Pénzügyi Szemle = Public Finance Quarterly 66, Special edition 2021/1 (2021): 23–51. http://dx.doi.org/10.35551/pfq_2021_s_1_2.
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Artificial intelligence (AI) is an increasingly popular concept, although it is often used only as a marketing tool to label activities that are very far from AI. The purpose of this article is to show what artificial intelligence (AI) tools - expert systems - can actually be used for administrative decision in public administration. The end of the administrative decision must be justified in detail according to the legal regulations. Expert systems do this. The other large group of AI tools, solutions based on machine learning, act as black boxes, mapping input data to output data, so the reason for the solution is unknown. Therefore, these tools are not suitable for direct, administrative decision, but can support office work with expert systems. In this article, we present the operation of expert systems through examples.
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Pennisi, Carlo. "Per una valutazione civile delle pubbliche amministrazioni." RIV Rassegna Italiana di Valutazione, no. 40 (February 2009): 9–44. http://dx.doi.org/10.3280/riv2008-040002.
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- The paper highlights the process of social and institutional change within which evaluation practices are embedded in Italy. To recall the main institutional and normative framework through which the Italian public administration has read its own change can explain the reason why evaluation is necessarily a part of collective decision processes and of their institutionalization. The role participation procedures to public decision processes play in this change reveal the main social and cultural issues which are at stake: the due process and the separation of powers the one no more considered, as it once was, as a criterion and a boundary for administrative action; the other no more assumed as a democratic criterion to distinguish public decisions as either political or administrative ones. Administrative action and political decisions can be no more conclusively identified within the legal framework. They are constituted by the procedural enactment of administrative planning processes; they are also the focus of what we define as civil evaluation: the kind of evaluation processes which are strategic in the re-definition of both citizenship and administration as well as in the institutionalization of their mutual relationship. Key words: institutional change, administrative rules, civil evaluation, collective decisions.
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Kareklas, Stefanos. "“HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM." Administrative law and process, no. 2 (29) (2020): 78–88. http://dx.doi.org/10.17721/2227-796x.2020.2.06.
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The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
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Pszczyński, Mateusz. "Administrative Decisions in the Era of Artificial Intelligence." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (December 30, 2020): 253–71. http://dx.doi.org/10.14746/ppuam.2020.11.13.
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The rapid development of cybernetics allows the use of artificial intelligence in many areas of social and economic life. The State can also harness algorithms and machine learning for its actions. Automatic decision making should be one of the stages in the development and improvement of public administration. While it is easy to implement these solutions in the case of related decisions, decisions made under administrative discretion, general clauses or valuation standards pose a challenge. The correct transformation of paper-based public administration into automatic public administration requires a change in decision makers’ thinking, the introduction of new solutions, and building trust in artificial intelligence. Therefore, new solutions have to be built in accordance with the principles of transparency, accountability, equality, goodness and justice. Artificial intelligence making automatic decisions on behalf of the State must be a tool to support the execution of public tasks concerning citizens which is based on trust towards AI and public administration.
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Kareklas, Stefanos. "SAND IN THE GEARBOX OF THE FUNCTIONING OF PUBLIC ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACT AND ITS CONTROL." Administrative law and process, no. 4 (27) (2019): 15–25. http://dx.doi.org/10.17721/2227-796x.2019.4.02.
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The article discusses the issue of the existence and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. In the article the various types and categories of problematic decisions are presented. This issue is presented according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality, other remedies and procedural functions are considered, which can be employed either by the institutions themselves or by the citizens negatively affected in their rights by the problematic decision. Even though the situation at legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of uncommonly many incorrect and illegal decisions, the suspension of which requires time and resources, whereas in the meantime the citizens involved have to struggle to maintain their rightful status or even to merely socially and economically survive. The quantity of such decisions of the administrative and State-institutions is reaching a threshold which can be considered risky and dangerous, not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
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Alshawabkeh, Faisal Abdulhafez, and Tayil Mahmoud Shiyab. "Judicial oversight as a form of governance in the face of administration arbitrariness in administrative decisions." Journal of Governance and Regulation 10, no. 4, special issue (2021): 261–71. http://dx.doi.org/10.22495/jgrv10i4siart6.
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This research explains judicial control as a form of governance in the face of arbitrary administrative decisions — the UAE is an example (Zwart, 2016). The aim of the study is to demonstrate how judicial control can contribute to achieving good governance of the administrative decisions in the absence of the legislative provisions related to the causes of cancellation of an administrative decision. The data were sourced from relevant books, journals, official texts, and courts decisions. The data obtained was analysed through descriptive and analytic methods. This paper is divided into three themes. The first tackles the incidents of abuse of power. The second demonstrates the ways in which abuses of power can be proved, and the third discusses the correlation between judicial control and good governance. The study found that the abuse of power is related to the discretionary power of the administration and that it is a latent defect related to the psychological intentions of the decision-maker and is difficult to prove, also that the administrative jurisdiction plays an important role in promoting the good governance. The study concluded that it is important for the UAE legislator to issue a law regulating the action for the annulment of administrative decisions.
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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة." Twejer 3, no. 3 (December 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.
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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract
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Noor, Hendry Julian, Kardiansyah Afkar, and Henning Glaser. "Application of Sanctions Against State Administrative Officials in Failure to Implement Administrative Court Decisions." BESTUUR 9, no. 1 (August 12, 2021): 72. http://dx.doi.org/10.20961/bestuur.v9i1.49686.
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<p>The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not adhere to administrative court decisions. This is prescriptive legal research and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. Firstly, the results showed that the nature of administrative court decisions is <em>erga omnes.</em> The types of administrative court decisions are before and after the dispute subject examination. Furthermore, the execution consists of the obligation to revoke the state administrative decisions, issue new laws due to the petition for negative or positive fictitious choices, and the imposition of compensation and rehabilitation in employment disputes. Secondly, the position of the Prosecutor was categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.</p><p><strong>Keywords:</strong> Administrative Sanctions; Administrative Court; Prosecutor’s Office.</p>
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I Gede Buonsu, A. A. Sagung Laksmi Dewi, and Luh Putu Suryani. "Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 68–72. http://dx.doi.org/10.22225/jph.2.1.2797.68-72.
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Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).
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Sasmito, Hasto. "Implementation Of Decisions And Obstacles Administrative Court - Implementation Obstacles." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 391. http://dx.doi.org/10.30659/jdh.v1i2.3279.
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Indonesia is a country of law. The rule of law means in our country is the law that has significance especially in all aspects of community life. Everything implementation carried out by the state through its government should be appropriate and according to the channels that have been determined in advance by law. Judicial Administration is a special court, which was given the authority to resolve disputes that arise in the field of administration and personnel or disputes that occur between administration officials with a person or body of civil law as a result of the issuance or issuance of a decision. Act no. 5 of 1986 on State Administration aims to provide a container or a space for people and civil legal entity to file a lawsuit to the Administrative Court (PTUN) for the issuance of an administrative decision (KTUN), then his rights to feel disturbed or harmed but in practice administrative court ruling will not necessarily be implemented because of constraints exist that impede the implementation of the decision of the Administrative Court. Thus the presence of the administrative court as an institution that is expected to be a means of enforcement and legal protection in the field of administration can not be carried out effectively and still needed revision of the law.Keywords: State Administrative Court (PTUN).
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Putra, Muhammad Amin. "ADMINISTRATIVE DECISIONS WITH POTENTIAL LEGAL CONSEQUENCES AS OBJECT OF DISPUTE IN THE STATE ADMINISTRATIVE COURT." Jurnal Hukum Peratun 3, no. 1 (February 28, 2020): 1–18. http://dx.doi.org/10.25216/peratun.312020.1-18.
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Since the enactment of Law No. 30 of 2014 concerning Government Administration, there have been many dynamics of changes in judicial practice in state administrative courts, especially in relation to the object of dispute. One of them is regarding Decisions with Potential Legal Consequences as regulated in Article 87 of the Government Administration Law. The problems that arise are related to the accountability of officials, and also to the declarative decisions and constitutive decisions that are regulated in Article 54 of the Government Administration Law. In this paper it is found that officials who issue declarative decisions are not necessarily free from administrative responsibility and the validity of their decisions is determined by the validity of constitutive decisions (as decisions that have the potential to have legal consequences) on which the declarative decisions are issued. This paper uses a normative-legal research method, namely using secondary data in the form of primary and secondary sources of law, both applicable laws and related literatures.
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Jaśkowski, Marek. "Decisions and Administrative Acts according to the ReNEUAL Model Rules on the EU Administrative Procedure and Proposal for Regulation for an Open, Efficient and Independent EU Administration." Polish Review of International and European Law 5, no. 2 (January 27, 2018): 99. http://dx.doi.org/10.21697/priel.2016.5.2.04.
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The author presents and analyses the notions of a decision according to ReNEUAL Model rules on EU administrative procedure and of an administrative act according to the Proposal for Regulation for an open, efficient and independent European Union administration. The discussion approaches the subsidiary character of the proposed rules and exclusions of their applicability in given cases, the designation and individual character of decisions and administrative acts, as well as their form and content. Additionally, the author considers the possibility of qualifying certain regulations as decisions or administrative acts. According to the conclusion, the scope of application of analysed proposals may turn out to be relatively restricted because of the exclusion of implementing acts in the case of the Regulation proposal and the potentially narrow interpretation of the notion of a decision in the case of the Model Rules.
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TAYIB, ABDUL. "EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP PEJABAT PEMERINTAH DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 9 TAHUN 2004." GANEC SWARA 15, no. 1 (March 6, 2021): 880. http://dx.doi.org/10.35327/gara.v15i1.187.
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The problem examined in this paper is how is the execution of state administrative court decisions against regional government officials based on Law Number 9 of 2004? The approach used is the statutory approach (The Statute Approach) and the conceptual approach (Conceptual Approach). The results of this study indicate that: The process of resolving State Administration disputes which are public disputes involving persons / civil legal entities as plaintiffs and government officials (TUN Officials) as defendants, the legal power of the decision to execute the State Administrative Court which is the executor of judicial power in the environment. The Supreme Court is equivalent to decisions of other judicial bodies. Then the normative changes to the State Administrative Court with Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts made legal remedies contained in Article 116 such as forced money and/or administrative sanctions and publication of court decisions. be better than using a hierarchical execution model which is considered ineffective in the current era of regional autonomy. Under these circumstances, efforts must be made to provide other alternatives to produce a deterrent effect for government officials, especially local government officials, to submit to the State Administrative Court's decision.
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Bimasakti, Muhammad Adiguna. "DISCOURSE OF ELECTRONIC JUDICIARY REGARDING EXECUTION OF COURT DECISIONS IN THE ADMINISTRATIVE JUDICIARY BODY." Jurnal Hukum Peratun 5, no. 1 (February 28, 2022): 19–38. http://dx.doi.org/10.25216/peratun.512022.19-38.
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In the past, the litigation process in court was carried out manually from registration of cases to the reading of court’ decision. With the promulgation of Supreme Court Regulation No. 1 of 2019 concerning the Administration of Cases and Hearing in Electronic Courts (PERMA No. 1 of 2019), the paradigm regarding judiciary process has shifted towards electronic justice. In the sense that from registration of cases, the adjudication stage (trial in court) and the reading of court decisions is carried out electronically with the e-court application. However, this regulation did not reach the post-adjudication administrative process, at the stage of execution of the decision. For this reason, this paper was made to look at the potential for the implementation of administration of the execution of court decisions, especially in the administrative court, through the hierarchical execution process using the e-court application. The results of the study indicate that the administrative process of the execution of administrative court decisions can be carried out through the e-court application by changing the e-litigation paradigm, namely the change in PERMA no. 1 of 2019. The e-litigation paradigm in this regulation must also be expanded into e-judiciary (holistic electronic judiciary) so that the execution stage can be carried out electronically.
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Mazur, Oleksandr. "Regulatory and legal basis of electronic governance for modernization of administrative processes in public authorities of Ukraine." Public administration and local government 45, no. 2 (July 23, 2020): 45–56. http://dx.doi.org/10.33287/102018.
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In the article, we understand the term «administrative process» as the statutory procedure for public administration. The author considers the legal framework for introducing e-governance according to modernizing the activities of public administration, which are the main stages of administrative processes. The author believes the implementation of information and communication technologies is an important area for achieving greater efficiency of public administration.
The purpose of the article is to conduct a retrospective review and systematization of regulatory and legal support of Ukraine on the implementation of e-governance aimed at modernizing the administrative processes taking place in public administration.
The author examines the regulations on informatization, e-governance and digital transformation in terms of the main stages of administrative processes, namely: task definition; preparation for management decisions; decision making; bringing it to the recipients and organization of execution; control over the implementation of the decisions.
The author concludes that since the proclamation of Ukraine’s independence in 1991 to the present in regulations on the introduction of information and communication technologies in public administration areas of public policy in the field of informatization and e-governance have significantly changed the administrative processes in public administration bodies. The author states that at the first stages of informatization of public administration in regulatory and legal support the greatest attention in the introduction of information and communication technologies was paid to the main stages of administrative processes. According to the author, the basic principles of information society development in Ukraine, with their focus on citizen participation in governance, have influenced all the main stages of administrative processes. To support, the author systematizes the main stages of information systems used in public administration, namely: information systems for statistical presentation of information are introduced for the stage of «task definition»; information-analytical systems are introduced for the stages «preparation for management decision-making» and «decision-making»; for the stages of «bringing it to the addressees of the decision», «organization of execution» and «control of execution of decisions» electronic document management systems are introduced.
In the course of the analysis, the author finds out that the activities of public administration bodies such as «disclosure and access to public information» and «public services providing» in which administrative processes take place have become important. According to the author, the active phase of rule-making support of e-governance shows that the main focus is on providing administrative services in electronic form through web portals and mobile Internet services.
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Alanzi, Awad Ali. "Judicial Control Over Negative Administrative Decisions in the Saudi Legal System." Academic Journal of Interdisciplinary Studies 11, no. 6 (November 5, 2022): 26. http://dx.doi.org/10.36941/ajis-2022-0146.
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In this study, we discuss the negative decision concept as the legal characterization approved by the Law for Administration's abstention or refusal to issue a decision, which is obligated to give in accordance with the laws and regulations. The study aims to determine the possibility of challenging its negative position and re-coursing if the Administrative Authority fails to perform its duty or Circumvent Law in a manner that prejudices individuals’ interests. We have clarified that every silence or abstention from Administration is not a negative decision. Rather, it is required that the Authority of Administration should be restricted upon its silence or refrain from doing as per legal requirements. Further, the negative administrative decision is a legal characterization that is not embodied in a material form, and its issuance is not subject to formal and statutory rules established for issuing explicit decisions. Therefore, it does not need to be announced to be effective in facing individuals. It is also characterized by several characteristics that distinguish it from other decisions. For example, a negative decision of the Administration may be appealed by an annulment suit after the grievance to the Administrative Authority and fulfilling the annulment lawsuit conditions. In addition, compensation for a negative decision could be obtained through a compensation claim if the damage results from Administration's failure to perform its legal duty.
Received: 8 August 2022 / Accepted: 12 October 2022 / Published: 5 November 2022
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Hulkó, Gábor. "Legal Remedies against State Funding Decisions in Slovakia." Public Governance, Administration and Finances Law Review 1, no. 1 (June 30, 2016): 102–12. http://dx.doi.org/10.53116/pgaflr.2016.1.7.
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Legal remedies against decisions of central state administration or special administrative bodies instead of the standardly used appeal (which is more or less identical in all Visegrad states) special types of legal remedies step in, which can be still considered as ordinary remedies. In Slovakia, the standard legal remedy in administrative procedures is the appeal (in case of organs of central administration called remonstrance) regulated by Act no. 71/1976 on Administrative Proceedings, however in case of special organs this regulation is often overwritten by special rules and by special legal remedies. Latter mentioned – from a jurisprudential point of view - raising the question, whether they can really serve as a tool for a real legal remedy if they represent an effective tool of decision supervision. The following case study introduces the standard procedure of use of such special legal remedy against a decision of the State Fund for Housing Development in Slovakia.
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Bekesi, Nóra, and Kitti Pollak. "The realisation of the constitutional principles - the right to good administration and the right to legal remedy - in Hungary." Bratislava Law Review 2, no. 1 (June 30, 2018): 46–56. http://dx.doi.org/10.46282/blr.2018.2.1.90.
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The paper aims to present the realisation of two procedural principles – the right to good administration and the right to legal remedy – regulated also in the Fundamental Law of Hungary, which entered into force on 1st January 2012. The right to legal remedy has been a constitutional principle since the change of regime (in 1989) and the right to good administration has been constitutionally named only by the Fundamental Law of Hungary. The actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. Based on these Acts, a new legal remedy system has been introduced regarding administrative decisions in which the judicial review procedures became – instead of the internal administrative appeal procedures – in most of the cases the firstly used legal remedy possibility regarding administrative decisions. After a short overview of the new legal remedy system which has been introduced regarding administrative decisions, the paper presents the constitutional basis of the right to good administration and the right to legal remedy. Finally, we analyse in detail the latest and most relevant decisions of the Constitutional Court of Hungary and some cases of the Curia of Hungary about the practice of the direct enforcement of the constitutional principles: the right to good administration and the right to legal remedy regarding administrative decisions.
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Pilving, Ivo, and Monika Mikiver. "A <i>Kratt</i> as an Administrative Body: Algorithmic Decisions and Principles of Administrative Law." Juridica International 29 (December 31, 2020): 47–61. http://dx.doi.org/10.12697/ji.2020.29.05.
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Estonia, as the number-one-ranked country in Europe for the digital public services dimension of the Digital Economy and Society Index, aims at widespread adoption of artificial-intelligence systems to assist or even replace officials in public administration. It is expected that there will be 50 artificial-intelligence applications operating in Estonian public administration by the end of 2020. The machine learning capacity that is often intrinsic in artificial intelligence systems means, in practice, that even the data analyst or programmer who wrote the respective code is later no longer able to explain the parameters behind the decisions. If the state allows a so-called black box to make administrative decisions, further constitutional issues will arise in addition to that of judicial control of such a decision. An administrative decision presumes the implementation of legislation. Owing to the vagueness of the law, a judicial appraisal does not merely involve formal-logic operations, as laws and regulations require interpretation and the consideration of the facts. This is particularly important in making discretionary decisions. Interpretation and consideration must not be limited to the predictions made on the basis of earlier, similar cases by means of statistical methods. It is not rare that a decision on applying a standard needs to be made also in a situation that the legislator has been unable to foresee and for which there is no requisite pattern emerging in the training data fed to an algorithm. The article examines the related principles arising from the Constitution, and one of the conclusions drawn from these is that for factually or legally complex decisions, the weight of the decision must be borne by humans, at least until much more powerful artificial intelligence is developed. However, with the help of learning algorithms individual components and elements of such decisions can be taken. Full automation remains an option in cases of routine administrative decisions that are advantageous for the person(s) concerned and that lack negative side effects for them, as well in cases where all relevant factual circumstances are comprehensible to an algorithm as such and transparent.
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Bareikytė, Simona. "Toolbox of the Public Administration Entity. Intersection of the Principle of Legality and Administrative Discretion in Exercising the Revocation of an Administrative Decision." Bratislava Law Review 5, no. 2 (December 30, 2021): 63–74. http://dx.doi.org/10.46282/blr.2021.5.2.255.
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For some, revocation of an administrative decision arises doubts, for others, it is a legal measure ensuring that public administration entities are able to respond to changing circumstances and adopt not only legitimate, but also fair decisions by striking a balance between private and public interests. This paper aims to analyse the choice of Lithuania with respect to the implementation and application of the public administration entities right to revoke its previously adopted administrative decision. In order to achieve this goal, the results of analysis of the role of the principle of legality and administrative discretion in the decision-making process, legal regulation of public administration and case-law are revealed. The analysis will show that there is room for the possible systematisation of the administrative procedures, aiming to ensure that public administration entities are able to respond to the ongoing changes in order to fulfil the objectivities based on which the particular public administration entities were established.
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Kabytov, Pavel. "Administrative Decisions: Concept, Types, Forms." Journal of Russian Law 7, no. 12 (October 25, 2020): 1. http://dx.doi.org/10.12737/jrl.2019.12.10.
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Willison, David H. "Judicial Review of Administrative Decisions." American Politics Quarterly 14, no. 4 (October 1986): 317–27. http://dx.doi.org/10.1177/1532673x8601400403.
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Sari, Leona putri, and Arif Wibowo. "Pelaksanaan Putusan Peradilan Tata Usaha Negara (PTUN)." Jurnal Penelitian Multidisiplin 2, no. 1 (February 8, 2023): 59–63. http://dx.doi.org/10.58705/jpm.v2i1.99.
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Execution of the decision (executie) is the method and conditions that used by the tools of state power to help interested parties to carry out the judge's decision if the losing party is not willing to comply with the substance of the decision within the allotted time.limiting court decisions that have permanent legal force that are relevant to implementation, namely a decision that has been accepted by the parties or has not been submitted again legal action (appeal or cassation). Court decisions that have not yet obtained force the law still does not have the power of execution or in other words a court decision who still have legal remedies. State business as a manifestation of the implementation of the judicial function to control its course. The executive function in the form of testing a form of state administration decision issued by State Administrative Officials that the decision was in accordance with the provision legislation and general principles of proper government administration in accordance with Article 115 of Law Number 5 of 1986 concerning Administrative Court A state that states that only decisions have gained legal force fixed that can be implemented.
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Perlingeiro, Ricardo. "Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights." British Journal of American Legal Studies 10, no. 1 (April 1, 2021): 1–25. http://dx.doi.org/10.2478/bjals-2020-0015.
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Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.
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Laritmas, Selfianus, I. Gede Yusa, and Ahmad Rosidi. "The Use Of The Erga Omnes Principle In The Implementation Of Decisions Of The State Administrative Court (PTUN) With Permanent Legal Power." International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 248–60. http://dx.doi.org/10.51601/ijersc.v3i1.258.
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Legal regulation The role of the State Administrative Court in the practice of settling government administration in Indonesia needs to be properly regulated, because in the implementation of the Administrative Court decisions according to Article 116 of Law no. 51 of 2009 concerning the Second Amendment to Law No. 5 of 1986 is a regulation regarding forced money which is not clear and there is no final settlement of a decision that has permanent legal forcethe execution cannot be carried out properly, and the absence of an executive or foundational institution strong law causes the decision of the State Administrative Court to have no power force. Even the State Administrative Court Law does not regulate firmly and clearly regarding the issue of the coercive power of the State Administrative Court's decision, so that in the implementation The decision really depends on the good faith of the State Administration Agency or Official in obey the law. This situation is quite alarming, because the principle of justice is State Administration, to put juridical control in the government to be lost meaning in the Indonesian constitutional bureaucratic system even though the decision should bind the disputing parties and have executive power when they already have a decision that has permanent legal force, according to the legal principle Erga omnes states thatThe decision of the State Administrative Court is publicly binding, not only binding on the disputing parties. This is a consequence of the nature of the state administrative dispute which is a public legal dispute, so that the Administrative Court Decision must bind all interested parties and have the obligation to comply with every decision;This research analyzes the problem, How about The existence of the Implementation of Administrative Court Decisions in the law enforcement system? And Has the execution of the Administrative Court Decision been effective in the law enforcement system. The research methodology used in this study is normative juridical with the approach used is the Statute Approach and the Case Approach, the approach carries out an assessment of laws and regulations related to the central theme of research with the procedure for collecting legal materials. Both Primary and secondary legal materials are collected based on the topic of the problem that has been formulated based on the Legislation which is reviewed comprehensively to provide new legal ideas for legal reform.
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Siboy, Ahmad, and Dewi Cahyandari. "The Relation Between DKPP and PTUN Decisions Regarding Violations of Ethics." Jurnal Konstitusi 19, no. 3 (August 30, 2022): 623. http://dx.doi.org/10.31078/jk1936.
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The commissioner of the general election administration was discharged through the decision of the General Election Administrator Honorary Council (DKPP). The decision is not final and binding at the executive branch, considering that the decision can be cancelled by the Administrative Court. This study aims to define the authority of DKPP and PTUN in resolving ethical violations committed by election administrators and parse the implications and relationships of the decisions of the two institutions. This paper also proposes an ideal concept for the design of solving ethical violations of election administrators in the future. This study uses normative juridical methods. The results showed that the DKPP and PTUN have overlapping authority but with different decisions. DKPP purely adjudicates ethical issues, and the Administrative Court adjudicates the Presidential Decree, which is a follow-up to the DKPP decision. To avoid conflicting decisions on cases that intersect, violations of the code of ethics in the future must be resolved with a settlement mechanism by the judiciary.
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Mohamedameen, Mohammed Shahab, and Ibrahim Mohammad Haje. "Proportionality as a judicial tool in striking a balance between management discretion and citizens' rights (a comparative study)." Twejer 4, no. 1 (May 2021): 745–806. http://dx.doi.org/10.31918/twejer.2141.17.
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This study deals with clarifying the issue of (proportionality or suitability) administrative decisions and the possibility of supervising the administrative judiciary on administrative decisions in terms of proportionality, through an analytical comparative study between the French, the Egyptian and the Iraqi at the jurisprudential and judicial level. The practical importance of this topic lies in knowing the modern role that the administrative judge plays in the area of his control over administrative decisions that went beyond the abstract control of the internal project, which was stopped at the limit of the control of the legal adaptation of facts towards the element of cause - as this control went beyond the control of the administration’s assessment of the importance of Realistic reasons and an assessment of the proportionality between their importance and seriousness and the action taken in their regard. The purpose of this study is to clarify the concept of proportionality control in the administrative judiciary, to clarify the issue of the contradiction between discretionary authority and proportionality, between separation of powers and proportionality, and to clarify the position of the judiciary and administrative jurisprudence on the control of proportionality in the administrative judiciary, to clarify the comparative jurisprudential trends from monitoring proportionality in the administrative judiciary And to clarify the limits of control over the cause of the administrative decision and the authority of the judge between legality and suitability, and to indicate the modern means upon which the administrative judge relies upon examining the decision. The problem of the study is: that the administrative judge, within the framework of his control over proportionality, examines and searches for the latter within the elements of the internal legality of the decision; For what is this censorship focused? That is, what is the element that the administrative judge examines? And does the administrative judge, by using the means of controlling proportionality, remain a judge of legality, or does this control include it within the scope of convenience, as it is one of the issues that the administration is independent of when issuing its decisions? What are the limits of judicial oversight on The authority of proportionality? To what extent is the proportionality audit inconsistent with the discretionary authority and the principle of separation of powers? What is the legal basis for the proportionality audit according to the comparative jurisprudential and judicial debate? Does oversight differ in proportion to oversight, legal conditioning? What are the modern techniques or methods that an administrative judge uses when examining an administrative decision to discover proportionality?
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Pratama, Yogi, Muhammad Irsyad Tirtasah, Yarni Nikita Ahmady, and Ardoyo Wardhana. "PENGATURAN HUKUM MENGENAI KEDUDUKAN KEPUTUSAN YANG DIMOHONKAN KEPADA PEJABAT TATA USAHA NEGARA." Perspektif Hukum 19, no. 1 (May 2, 2019): 167. http://dx.doi.org/10.30649/phj.v19i1.197.
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<p><em>This research aims to find out two matters. the first matter is to find out how the paradigm of Law Number 5 Year 1986 and Law Number 30 Year 2014 on decisions that are petitioned to State Administrative Officials (hereinafter TUN Officials). Second, to find out the legal implications of the differences in the position of decisions that are applied to TUN Officials based on Law Number 5 Year 1986 and Law Number 30 Year 2014. The following research results, (1) that related to the paradigm of Article 3 of the Law on State Administrative Court and Article 53 of the Government Administration Law, should be related to the type of decision.. (2) The legal implication of the decision’s differences that have been petitioned to TUN officials may allow confusion to occur when it is applied in the process of administering the government and also the process in court. </em></p>
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Syamsu, Syamsir, and Muhammad Alifian Geraldi Fauzi. "Meaning and Follow Up of Positive Fictional Decisions According to the Government Administration Law." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 2 (April 7, 2021): 195–206. http://dx.doi.org/10.25041/fiatjustisia.v15no2.2297.
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After enacting the Government Administration Law, there have been positive fictitious decisions, which are contrary to the negative fictitious decisions stipulated in the Administrative Court Law. It has led to an inaccurate understanding in some of the general public that a positive decision is the final form of a request from the public to a government agency or official being granted a decision and/or implementation of government action. This research uses normative legal research methods using a statutory approach and literature study. This study explains that the existence of positive fictional decisions does not necessarily eliminate the existence of negative fictional decisions.
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Barikova, Anna. "Prejudice in Administrative Proceedings." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 75–83. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-6.
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The paper addresses the issues of judicial discretion in the application of appropriate preliminary categories for the fair and impartial consideration and settlement of disputes. The author focuses on the peculiarities of applying the prejudice to express contradictions and truth-falsehood, establishment of erroneousness and truth of assessment. The administrative court is to assess a prejudicial relationship between judicial decisions concerning an established legal fact or composition, the consequences or claims arising from the same legal relationship in the original proceedings. Such prejudice applies to the following cases: 1) emergence, change or termination of the main legal relationship in the primary process, affecting the use of prejudicial categories in derivative legal relations in the subsequent process; 2) emergence of a legal relationship not generated by the primary relationship, which contains interdependent substantive legal regulations; 3) recognition of a claim for a conviction due to confirmed preliminary categories by a primary court decision, etc. Direction of assessing the circumstances of the case are dealt with in the paper to establish the facts by comparing the judge’s rules of law and conduct of the parties on the basis of operational rules of law, taking into account «legal issues» (in material/primary and procedural/secondary components). Under the influence of the nature of reasoning, such effective evaluation criteria are formulated as observance of the principles of confidence in law, justice, honesty and morality; standards of reasonableness, impartiality, good faith; political goals of ensuring the common good, security of the state, public interests. Within the procedural discretion when using the preliminary categories, the judge is to fully and impartially investigate the «question of fact» regarding the modelling of scenarios and empirical knowledge of the truth on the levels of probability, conviction, absolute certainty. This subject of evaluation is dependent on previous decisions in the direction of «definitive» interpretation in order to make an unambiguous decision. The author adduces examples of legal positions of the Supreme Court and courts of previous instances on applying preliminary categories in administrative proceedings. It has been identified that the possibility of preliminary categories non-application in case of motivated judge’s disagreement in the way of the «recall» within the subject of consideration of the factual circumstances of the case is to be provided. Deviation from prejudice might be justified if there is a need for a «live» transition of judicial practice to interpretation, filling gaps and open «legitimate» completion of the law. Relevant changes are to be implemented in a natural, gradual and coordinated manner. Procedure for overcoming the legal force of the preliminary ruling of a court decision has been proposed. The universality of a court decision is conditional. The standard legitimate way to reject prejudice is to review court decisions. Such decisions might be reviewed for compliance with the law and validity in their adoption. Confirmation of a judicial error «cancels» the preliminary nature of such a decision. Moreover, if the draft decision contradicts the preliminary categories given in another court decision that has entered into force, it is necessary to review unacceptable legal facts and compositions. For example, these could be procedural abuses, artificial distortion (creation or forgery) of evidence, etc. Key words: discretion, judicial discretionary power, prejudice, falsity, truth, contradiction.
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Effendi, Maftuh. "PERADILAN TATA USAHA NEGARA INDONESIA SUATU PEMIKIRAN KE ARAH PERLUASAN KOMPETENSI PASCA AMANDEMEN KEDUA UNDANG-UNDANG PERADILAN TATA USAHA NEGARA." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 25. http://dx.doi.org/10.25216/jhp.3.1.2014.25-36.
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Indonesian administrative courts’ absolute jurisdiction are limited to the administrative decisions. It leads the courts as a special administrative court, even a “very special court”, because such definition of administrative decisions laid down on Law on Administrative Court is more narrow compared to the definition of administrative decision as laid down on the General Administrative Law Act of the Netherlands as it source. Most court decisions on the courts’ absolute jurisdiction vary in interpretations that make them unpredictable. They cause uncertainty and inconsistency in the application of administrative courts’ absolute jurisdiction. Furthermore, they create confusion to the society looking for appropriate forum dealing with administrative acts and bafflement to the administrations executing courts’ decisions. The concept offered to the expansion of Indonesian administrative courts’ absolute jurisdiction are based on the method and determination of administrative disputes. Method used is general method, while determination used is subjective and objective determinations. Subjective determination includes external and internal disputes, while objective determination includes all administrative acts in the field of public laws covered the legal and factual acts causing material or immaterial damages. Keywords: administrative courts, absolute jurisdiction, expansion.
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Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law." Cambridge Law Journal 51, no. 1 (March 1992): 138–53. http://dx.doi.org/10.1017/s0008197300016792.
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The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.
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Smarż, Joanna. "The Extent of Administrative Courts’ Review of Cases Based on Challenges to Cassation Decisions." Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego 17, no. 1 (June 14, 2022): 271–90. http://dx.doi.org/10.32084/bsawp.4410.
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The paper analyses a new means of challenging cassation decisions by appeal authorities by force of Article 138, para. 2 CAP, that is, objection to a decision. Particular attention is paid to the extent of reviews by administrative courts in cases concerning objections to cassation decisions, since that extent gives rise to grave doubts in practice, which is reflected in two different trends of rulings by administrative courts.
The literal wording of Article 64e PBAC and the legislator’s intention expressed in the draft amendments to CAP imply the objection to a decision is intended to allow administrative courts to undertake reviews limited to reasons for repealing a decision by an appeals authority and submission of a case to reconsideration. Administrative court rulings comprise decisions, though, which assume courts should not only assess explanatory proceedings, but also review the interpretations of substantive law.
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Hadi, Syofyan, Sudarsono Sudarsono, Istislam Istislam, and Moh Fadli. "Ratio Legis of the Execution Regulation of Administrative Court Decisions in Article 116 of Law Number 51 Year 2009." International Journal of Multicultural and Multireligious Understanding 7, no. 2 (March 4, 2020): 117. http://dx.doi.org/10.18415/ijmmu.v7i2.1471.
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The execution of the Administrative Court decision is regulated in Article 116 of Law Number 51Year 2009. Ratio legis of Article 116 of Law Number 51 Year 2009 are (1) respect for Administrative Court decisions by requiring government officials to execute and be subjected coercive measures if they do not carry out their obligations, and (2) involving the President and the representative institutions tomake the Administrative Court decisions effective. However, the ratio legis is not reflected in the formulation of norms, so that resulting an incomplete execution regulation. It has implications that Administrative Court decisions is not executed by government officials.
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Unegbu, Vincent E. "Information use on Decision-making Process of Administrative Staff of Federal University of Agriculture Abeokuta, Ogun State, Nigeria." Information Management and Business Review 5, no. 2 (February 28, 2013): 83–91. http://dx.doi.org/10.22610/imbr.v5i2.1030.
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Information is vital in decision making; and bad decisions most of the times are as a result of lack of adequate information. This research examined the administrative staff’s use of information in their decision making process in Federal University of Agriculture, Abeokuta. The descriptive survey, total enumeration technique, and a well-structured questionnaire were used to obtain data. Most of the administrative staff members were fully aware of how the use of information aids in administrative decisions. The most frequently consulted information sources were internal memo, minutes of meeting, schedules of meeting, past conference papers and dictionaries. The reasons for administrative staff’s use of information were according to confronting issues like scheduling appointments, calling up meetings, and recruiting new staff. The use of mobile phones by administrative staff should be encouraged since the administrators could receive messages anywhere and at any point in time to make both individual and administrative decisions.
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Dalkowska, Anna, and Karol Rzęsiewicz. "Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part I)." Nieruchomości@ I, no. I (March 31, 2021): 109–33. http://dx.doi.org/10.5604/01.3001.0014.7460.
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Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains in force for over seventy years, are often the subject of judicial review of administrative decisions. Administrative court rulings play a significant role in real property cases and set the directions for future decisions by public administration bodies. The analysis of judicial rulings in real property cases will be limited to selected problems, which, given differing interpretations, are the cause of discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the study, covers jurisprudence on the premise of death of a party during administrative proceedings, which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the status of a party in real property proceedings.
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Britvić Vetma, Bosiljka, and Ivan Malenica. "Izvršenje u francuskom upravnom sporu." Zbornik Pravnog fakulteta u Zagrebu 70, no. 6 (February 2, 2021): 721–53. http://dx.doi.org/10.3935/zpfz.70.6.01.
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Court decisions are mandatory for the party who must execute them. Similarly, the party may seek that the administrative court “order” the public legal entity to execute court judgements within a specific timeframe. In the case of a refusal to execute a decision, the administrative court can punish the public legal entity. To be more specific, in administrative court adjudication, the Republic of France’s procedural methods used in the case of non-execution of administrative court decisions range from incentive to repressive measures. An immense contribution to effective execution of administrative court decisions has been made by two institutions: the Department for Reporting and Studies of the State Council and the Public Ombudsman.
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Tararykin, S. V., I. D. Ratmanova, and L. N. Bulatov. "INFORMATION SUPPORT FOR MAKING ADMINISTRATIVE DECISIONS." University Management: Practice and Analysis 23, no. 4 (2019): 69–79. http://dx.doi.org/10.15826/umpa.2019.04.029.
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Vermeule, Adrian. "Rationally Arbitrary Decisions in Administrative Law." Journal of Legal Studies 44, S2 (June 2015): S475—S507. http://dx.doi.org/10.1086/676332.
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Byrne, Joseph M. "Administrative ethics: Good intentions, bad decisions." Healthcare Management Forum 31, no. 6 (October 7, 2018): 265–68. http://dx.doi.org/10.1177/0840470418794210.
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The Canadian healthcare system is costly. Each day, health leaders must make decisions about what healthcare services will be offered, how they will be funded, to whom they will be made available, and within what administrative and clinical structure they will be managed and delivered. These decisions, their justification, and the ethics framework employed can vary greatly across the Canadian landscape. These high-stakes decisions must not only draw upon healthcare science but the science of business finance, risk management, and organizational design. However, in equal measure and often overlooked, these decisions must draw upon our values, upon our ethics. Sometimes we get it right, and other times, decidedly less so. When timely and fair access to effective and efficient healthcare services is not rendered, matters of justice, fairness, rights, and a host of other constructs are often cited. However, these important constructs are commonly misunderstood, contributing, in part, to well-intentioned but ultimately unethical decisions.
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Greenlaw, Paul S., and John P. Kohl. "AIDS: Administrative Decisions and Constitutional Rights." Public Personnel Management 22, no. 3 (September 1993): 445–59. http://dx.doi.org/10.1177/009102609302200308.
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Administrators have made decisions in seeking to cope with the AIDS epidemic in the United States. Subordinates have challenged many of these decisions on the basis that their constitutional rights have been compromised. Case law has shown that when risk of AIDS transmission is high, or where there is a danger to an AIDS victim, the courts will support the administrator's decisions. Conversely, when there is a very low risk of AIDS transmission or personal injury, such decisions (e.g., mandatory blood testing) will be struck down.
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Barczewska-Dziobek, Agata. "PARTICIPATION OF INDIVIDUALS IN PUBLIC DECISIONS IN THE POLISH LEGAL SYSTEM-THE OUTLINE." Proceedings of CBU in Social Sciences 1 (November 16, 2020): 21–27. http://dx.doi.org/10.12955/pss.v1.40.
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The idea of good governance is associated with the postulate of participatory and interactive democracy. This results in the appearance in the legal system of solutions reflecting the recommendations of the so-called "good administration." Good administration is the subjective right which, in the relationship between the body and the citizen, defines the individual's rights and the duties of the administration to act in a particular way. It may be interpreted differently, but it must comply with universal standards. They have been defined in international, European and soft law. These include the rule of law, equality, administrative transparency, confidence and trust, as well as the opportunity to participate in decisions. The last of these relates to procedures for involving citizens in administrative decision-making.
The purpose of the article is to present normative solutions in Polish law that guarantee citizens participation in decision-making processes at various levels of administration and their systematics. To achieve this goal, the method of legal text analysis was used, which allows us to indicate the existence of many different mechanisms of participation. Their presence in Polish law determines the varying levels of civic influence on public decisions.
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Niezgoda, Andrzej. "Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 441. http://dx.doi.org/10.17951/sil.2021.30.4.441-457.
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<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>
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Witte, Andreas. "The Interaction Between Administrative and Judicial Review at the European Level: Notes on the Judgment of the General Court of 6 October 2021 in Joined Cases T-351/18 and T-584/18, Ukrselhosprom PCF LLC and Versobank AS v ECB." Review of European Administrative Law 15, no. 1 (April 8, 2022): 45–60. http://dx.doi.org/10.7590/187479822x16484711706007.
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In many fields of EU administration, it has become common for secondary law to establish a pre-judicial appeal procedure that allows applicants to contest decisions administratively before initiating court litigation. Unlike many national systems, however, Union law does not contain a general and positively defined concept of administrative review. This forces secondary law legislators to construct such an edifice through the available administrative law toolkit, most importantly, the decision under Article 288 TFEU as the main instrument. In a recent case that arose in the context of the ECB's banking supervision activities in the Single Supervisory Mechanism, this has caused problems for the General Court to arrive at a pragmatically reasonable outcome in a doctrinally sound manner. The present case note discusses this judgment in the context of prior precedents from which it partially deviates. It also undertakes some conjecture as to the possible consequences of the ruling for the future and administrative appeal procedures beyond the Banking Union.