Academic literature on the topic 'Administrative law;migration tribunals;values'

This article provides a general account of the universal law of sanctions in the Roman Catholic Church. The crisis of the Catholic Church caused by clergy sexual abuse of minors has revealed, among other things, the widespread well-intentioned but naïve inclination to resort to penal law as opposed to any theology of mercy and forgiveness. Although the author argues that penal law has a proper place in the Catholic Church, he considers that in a voluntary community that shares a homogeneous system of moral values without strong penalties involving deprivation of liberty – a community like the Catholic Church – moral and administrative sanctions could be more effective than penal sanctions. A distinction between administrative sanctions and penal sanctions, and therefore between administrative tribunals (should they be established) and penal tribunals, is highly recommended.

This article examines the development, operation and reform of the tribunal system responsible for determining appeals against the refusal of refugee status by the Home Office. Consideration of this particular appellate system is situated within a broader discussion of the criteria and values against which tribunal adjudication systems may be evaluated, By examining asylum appeals, light is shed on the theory and practice of administrative justice with regard to: the problematic nature of ensuring accuracy in tribunal decision-making; the tensions under which appeal procedures operate; the importance of onward appeal rights; and the role of tribunals in policy implementation. The article argues that recent reform of the asylum appeal process, including the introduction of a single tier of appeal, the Asylum and Immigration Tribunal, by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 and restrictions on legal aid, has been motivated by political considerations and may increase the dificulties in operating an effective appeal process.

This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretical problems of judicial review. Codification places the content of the principles of judicial review in the hands of politicians. Australian legislation limiting the grounds of review available in migration cases shows the danger to the separation of powers inherent in codification. If it is thought desirable to foster the further development of the principles of judicial review, this can best be achieved by leaving the task to the judiciary.

AbstractIn recent years, several European countries have tightened the criteria for the legal immigration of a partner from outside the EU. In the Netherlands, the income requirement for ‘family formation’ was raised in 2004 from 100% to 120% of the minimum wage, potentially excluding about thirty percent of the working population from eligibility. The outcomes of this measure for international couples and, on the aggregate level, for migration flows were examined on the basis of administrative trend data and fifty in-depth interviews among international couples. It is demonstrated that the potential power of governments to intervene in partner migration risks being at odds with strongly felt cultural values surrounding partner choice and family life. Partner immigration decreased substantially, especially among poorer groups (ethnic minorities, women, youngsters). At the same time, the measure put pressure on the well-being of a segment of the international couples. In 2010, the European Court of Justice ruled that the Dutch income requirement contradicts the EU directive on family reunification.

Introduction. Today, the issue of administrative and legal status of foreigners is very important because our country needs clearer and more regulated legislation, which will not allow such phenomena as illegal migration, abuse of rights of foreigners in our country, non-compliance with duties, which leads to a violation of the law. In turn, the legislation must meet all requirements and not violate well-known human values and freedoms, so it is subject to change to improve the life of every person, regardless of his position in the state. Scientific research on foreigners and their legal and social status has been done by many researchers. Among them are such scientists as L. Voevodin, M. Inshin, T. Kirilova, M. Matuzov, M. Vitruk, O. Skakun, M. Mochulska., V. Marchenko, T. Drakokhrust, V. Zui, I. Boyko, et.al. The purpose of the paper is to study the administrative and legal status of foreigners in Ukraine, to compare Ukrainian legislation with the international standards, to analyze statistics and court practice on issues of foreigners, to analyze of scientific approaches to understanding the concept of “foreigner”. Results. With the proclamation of Ukraine as an independent state, the issue of the legal status of foreigners has become quite relevant and often studied among researchers. Certain gaps in the legislation create some problems of interaction between the country and foreigners, which can lead to restrictions on the inalienable rights and freedoms of foreigners. The paper analyzes the legal status of foreigners on the basis of research by scholars and legislation for a broader understanding. In addition, ways to solve problems are suggested in this work. The paper analyzes the case law as an example of how gaps in the legislation affect the process of expulsion or return of foreigners. Conclusions. After analyzing the current legislation on the rights and freedoms of foreigners and stateless persons, it can be stated that the rights and freedoms of foreigners and stateless citizens almost completely coincide with the rights and freedoms of citizens of Ukraine. Although foreigners are subject to individual restrictions on entry into Ukraine and the possibility of returning and forcibly expelling foreigners and stateless persons from Ukraine, such measures are used solely to protect the Ukrainian people and cannot be used unreasonably. It is important for every foreigner to be able to defend their rights and appeal to higher authorities in accordance with international standards. In practice, return and expulsion procedures are not always carried out effectively, which can lead to a significant delay in the procedure, which indicates that the implementation of these measures by special bodies is not yet perfect. Based on statistics and a review of current realities, we conclude that now is the right time to modernize the mechanisms for cooperation between special bodies and foreigners and give foreigners a wider range of rights before joining the EU and after Covid-19 time.

This paper focuses on migration in the context of European integration which implies, on the one hand, internal integration, integration within the EU and, on the other hand, the enlargement process related to the countries that have applied to join the EU. The aim is to determine in which way the migration, especially refugee crisis in 2015, had influence on the EU, as a supranational political community, and what was the impact on Serbia which is in the process of integration into the European Union. Migrant crisis has shown that the EU has to confront many different issues including several issues of great importance for its survival and strengthening: how to influence on global processes to a greater extent instead of dealing with the consequences of the global politics of others; how to preserve and keep the values that the EU itself is founded and the values on which should be built upon further construction of the political community and, finally, weather the EU can be transformed in the direction of the United European States, in both the functional and in terms of values, or the EU will move towards deepening of Europe of concentric circles. Faced with extremely complex migration situation, Serbia does not have the appropriate institutional and regulatory framework, nor a political response to a series of complex issues in the area of migration and migration-related issues, such as asylum system, irregular migration, sustainable return of our citizens asylum seekers in EU member states, implementation of the agreement on readmission, the departure of highly educated - brain drain, migration and development, the fight against human trafficking (protection of victims, prevention, criminal prosecution of traffickers), and smuggling of migrants, issues of border management, demarcation and boundary determination (as well as the agreement that should be concluded). Some of these problems migrant crisis has made visible by encouraging coping with the need of systemic response to the flaws in the regulatory framework, in the policy concerning asylum seekers, irregular migration through the territory of Serbia, as well as in the sustainable return of our citizens, applicants for asylum in member states. If we put all this in the context of untimely planning, ineffective management of economic trends, the lack of financial support from Brussels to deal with the refugee crisis, but also in the context of the fact that the enlargement policy is aimed at meeting the Copenhagen criteria, but not on economic growth - then the fears of uncontrolled influx of migrants pose potential capital of radical and populist political options. In the relationship with Brussels, Serbia would have to fight for more under-standing regarding the state of the economy and, in general, regarding help with the costs of joining the EU, especially in case of further escalation of the migrant crisis. Serbia's image in the international arena has been changing for better because of the human attitude towards refugees and migrants who were in transit, but for the citizens of Serbia is much more important that the attitude towards them is a part of the essential changes in the society, and not juste an agile response to the crisis - i. e. what metters most is to make appropriate administrative and legal measures, to effectively manage the problems that migrant crisis put in the foreground, but primarily to change the essence of political community and to have this change of image as a result of state and society transformation towards strengthening democratic institutions, the rule of law, media freedom and developed human rights and freedoms.

Demographic potential is a particularly important consideration in border areas that are peripheral regions of a country. The aim of this study was to identify differences in the quantitative demographic potential of Polish–German and Polish–Lithuanian transborder regions, as well as the extent to which natural population increase and net migration influence the demographic potential of border regions. An essential element of the research was the analysis of the importance of borders on shaping the quantitative demographic potential. The study relied on the zeroed unitarization method and the method proposed by Webb. The study revealed considerable spatial variation in the quantitative demographic potential of the analyzed regions at LAU 1 (Local Administrative Units) on the background of NUTS 0 (Nomenclature of Territorial Units for Statistics) and NUTS 2. The highest values were noted in urban units, which accounted for 11.0% of all evaluated units. The areas characterized by the lowest demographic potential represented 16.5% of the total number of the analyzed units, which should be regarded as a positive outcome. Most of these border regions were situated in Germany and Lithuania. Demographic potential is an important determinant of social and economic growth; therefore, the results of this study can be used to diagnose problems in border regions and implement the required regional policies.

The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union, which is inherent to the functioning of the internal market and EU citizenship. The prohibition of discrimination on grounds of nationality is undoubtedly one of the main goals of the European Union[1] in the social and economic context, which was reflected in the localization of the matter in question in the primary law of the European Union[2], in secondary law and in the jurisprudence of the Court of Justice of the European Union (CJEU). The Treaty on European Union (TEU)[3] and the Treaty on the Functioning of the European Union (TFEU)[4] indicate equality as one of the EU values (Article 2 TEU), require it to be promoted and combat all discrimination (Articles 8 and 10 TFEU) and prohibit discrimination due to the criteria indicated therein (Articles 18 and 19 TFEU). In secondary law, this principle was expressed primarily in the Regulation of the European Parliament and of the Council No. 492/2011 on the free movement of workers within the Union and in art. 24 of Directive 2004/38/EC 2004 on the right of citizens of the Union and their relatives to move freely[5]. A special role in this area is played by the case law of the Court of Justice of the European Union (CJEU), which stated that all authorities of the Member States are obliged to refuse to apply a provision of national law that is contrary to the prohibition of discrimination on the grounds of citizenship (Article 18 TFEU)[6]. Moreover, national measures may be examined in the light of art. 18 TFEU, but only to the extent that they apply to situations not covered by specific non-discrimination provisions included in the Treaty[7]. The author puts forward the thesis that the analysis of CJEU jurisprudence reveals a visible dissonance between the application of national regulations of the Member States and the provisions of EU law in this matter, which significantly hinders the implementation of the principle of non-discrimination in practice. Discrepancies mainly occur in domestic legal acts due to the improper drafting of national legal provisions and / or their misinterpretation by national judicial or administrative authorities. It should be emphasized that the Member States are obliged to comply with EU law, which is not tantamount only to the obligation of state authorities to respect directly applicable acts, or to implement required regulations into internal law, but also the obligation to interpret and apply internal law in a manner that does not violate the requirement resulting from EU law[8]. Judicial and administrative authorities of the Member States should therefore interpret national law as far as possible, in line with EU law, because the limits of the pro-EU interpretation will be determined by the powers conferred by domestic law[9]. The study uses the legal-comparative method, consisting in a comparative analysis of the legal systems of the Member States and the European Union in the field of non-discrimination on the basis of nationality, rights and restrictions on the freedom of movement of authorized entities. Comparative verification of EU acts with the internal standards of individual EU Member States allows to reveal the degree of advancement of the implementation process of EU law provisions under the free movement of EU citizens and their family members in the discussed area in the legal systems of European Union Member States. The purpose of this analysis is to, inter alia, diagnose areas in which these countries have not implemented or improperly implemented EU regulations, or have misinterpreted them. The second method used is the method of analyzing the jurisprudence of the Court of Justice of the European Union - the rulings of the CJEU constitute a significant part of the study. The case law in question covers the period from the establishment of the Treaties of Rome to the present day. The use of the latter obligated the author to apply the comparative method of judgments based on same or similar legal bases in similar circumstances from different stages of the evolution of the free movement of citizens of the European Union and their family members under the prohibition of discrimination on the basis of nationality. [1] Cf. Olivier De Schutter, Links between migration and discrimination. A legal analysis of the situation in EU Member States (Brussels: European Commission, 2016), 102 and next; See also Brita Sundberg-Weitman, Discrimination on Grounds of Nationality. Free Movement of Workers and Freedom of Establishment under the EEC Treaty (Amsterdam, New York, Oxford: North-Holland Publishing Co., 1977). [2] Erica Szyszczak, “Antidiscrimination Law in the European Union,” Fordham International Law Journal, no. 32 (2008): 635. [3] The Treaty on European Union (consolidated version) OJ of the EU 2012, No. C 326/01. [4] The Treaty on the Functioning of the European Union (consolidated version) OJ of the EU 2012, No. C 326/01. [5] Directive of the European Parliament and of the Council No. 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No. 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (O.J.E.C. L 158, 30 April 2004). [6] CJEU Judgement of 7 May 1998, Clean Car Autoservice GmbH p. Landeshauptmann von Wien, Case C-350/96, ECLI:EU:C:1998:205. [7] CJEU Judgement of 18 June 2019, Republic of Austria v Federal Republic of Germany, Case C-591/17, ECLI:EU:C:2019:504, pt 41. [8] Marek Górski, “Wpływ orzecznictwa Europejskiego Trybunału Sprawiedliwości na interpretację i stosowanie przepisów o ochronie środowiska,” in Wspólnotowe prawo ochrony środowiska i jego implementacja w Polsce trzy lata po akcesji, ed. Jerzy Jendrośka and Magdalena Bar (Wrocław: Centrum Prawa Ekologicznego Press, 2008), 31. [9] Monika Niedźwiedź, “Stosowanie prawa wspólnotowego przez organy administracyjne,” Casus, no. 32 (October 2004): 6.

The relationship between a voluntary association and its members is founded on a contract. The constitution of the association regulates the acquisition and termination of the membership of the association. The courts have always had the jurisdiction to hear disputes between members of the association, and they can also interfere with its decision if it has acted ultra vires, or in an instance where its decision was vitiated by bias. After the dawn of the new constitutional democracy, the Constitution became the supreme law of the Republic, and it enshrined the transformative clauses. Thus, the process of transforming the adjudication of disputes in the private sector has to be aligned with the values embedded in the Constitution. This article explains the review of the decisions of a disciplinary tribunal prior to and after the 1994 constitutional dispensation. This it does by discussing the effect of transformative constitutionalism on the review of disputes in the private sector. The relevant transformative clauses in the Constitution are discussed. More particularly, the article concentrates on the effect of the just administrative clause in the Constitution and the Promotion of Just Administrative Act (PAJA) in transforming the rules of natural justice. Furthermore, instances where the PAJA is applicable with regard to the decision of a tribunal of voluntary association, are explained. Finally, a conclusion is drawn on the post-1994 courts’ reviews of decisions of disciplinary tribunals of voluntary associations.

Some form of administrative review of executive action is accepted in the common law world for the reason that it serves certain basic values and goals. This study draws on political, legal and management theory in considering the values that underlie administrative review. It is primarily concerned with the role of tribunal review. A full range of values are considered, including fairness, justice, consistency, rationality, dignity, respect, accessibility, equity, efficiency and economy. Some are seen as fundamental to the administrative review system while others have different purposes. There is general agreement on many of the values and goals of administrative review. In their practical application however, values compete, overlap and evolve in accordance with economic, social, political and legal change. There are value tensions in, for instance, the role of independent tribunals as a check on the power of the executive while they are also within the executive, in the extent of the obligation on administrative tribunals to apply government policy and in the setting of proper limits of judicial review. There is continuing tension in demands for individual dignity and rights to fair treatment on the one hand and notions of the 'public interest' on the other. This thesis argues that the provision of tribunal review of administrative decisions is increasingly ideologically driven and focussed on 'functional' or 'management' values. At times these have trumped other values in decisions about entitlements to procedural fairness, access to review, effectiveness in public administration and the achievement of the 'correct and preferable' decision in the instant case. The focus of this thesis is a case study of migration decision-making. The importance of this area of study is evident in the potentially devastating consequences that migration decisions can have for individuals and families. In the context of Australia's history of inadequate and racially based migration policies, independent administrative review provides security against arbitrariness and discrimination in decision-making. An analysis of administrative review of decisions made under the Migration Act 1958 (Cth) by the Migration Review Tribunal, and its predecessor the Immigration Review Tribunal, illustrates the claim that values, in their application, have real, practical and local importance. Issues of tribunal independence and accountability, the normative goal of review and procedural justice are considered in depth. It is argued that where compromises are made in administrative review, underlying values should be revealed so that their practical consequences may be better understood. The need to articulate and analyze these issues has never been greater. The Australian administrative review system is in a period of change analogous to that of the introduction of the 'new' administrative law in the 1970s. If tribunals are to continue to play an effective role then it is important to think clearly about how they can, in practice, embody the right mix of administrative law values.

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

There is no doubt that prior to Covid-19 outbreak the issue of migration had been one of the top priorities across the European Union, especially after so-called ‘’refugee crisis’’ of 2015-2017. However, the situation rapidly changed since Covid-19 outbreak, when migration has fallen off the radar as a political issue. The aim of this paper is to analyse students' attitudes towards migrants, in the period before COVID-19, and our initial thesis is that the fact that attitudes towards migrants are rooted in individual values and when established can be resistant to change. The paper consists of three parts. In the first part of the paper, we give an overview of available reports on the impact of Covid-19 to public attitudes towards migrants. Although is too early to make some general conclusions about it, the surveys made so far show that external factors, such as Covid-19, does not make important changes to public attitudes towards migrants. Having this in mind, in the second part of the paper we present the results of our research which was developed as a part of the project ''Creating Welcoming Communities'' of the Association ''MI''. The purpose of this research was to identify the attitudes of students of the Faculty of Law Osijek for the acceptance and integration of migrant into society. The target group of survey participants covered by the research was defined so as to include students of different levels (Intergrated Undergraduate and Graduate Study Programme, Professional Administrative Study Programme, University Undergraduate Study of Social Work) and the sample of students included 300 persons. Finally, in the third part of the paper we give a synthesis of our research and a review of the topic from the perspective of human rights and social work in the community.