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Sumerta Yasa, Putu Gede Arya, Wita Setyaningrum, and Kadek Agus Sudiarawan. "Unlawful Administrative Act: Indonesian Administrative Law Perspective." Varia Justicia 17, no. 2 (September 2, 2021): 160–70. http://dx.doi.org/10.31603/variajusticia.v17i2.5172.
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This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.
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Miliienko, O. A. "DISCRETION AND ADMINISTRATIVE ACT." Private and public law, no. 3 (2020): 103–6. http://dx.doi.org/10.32845/2663-5666.2020.3.20.
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Lewandowski, Alexander. "THE SIGNIFICANCE OF THE ADMINISTRATIVE ACT AS A FORM OF ADMINISTRATIVE ACTION IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 49 (April 18, 2023): 49–57. http://dx.doi.org/10.18524/2411-2054.2023.49.276025.
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The article is devoted to the consideration of administrative act as a form of management by German authorities. A special place in the article is given to the history of the act’s development into an independent unit of administrative law. The author shows the necessity of transition from the concept that emerged in the academic literature in the image of the French act administrative unilateral to a full-ledged legal figure which is still the main element of the guarantee of protection of citizens. The author examines the place of an administrative act in the system of the Administrative Procedure Act and other legal provisions of German law, with an emphasis on the difference in the understanding of an act in different branches of administrative law. The author also reveals the interaction of the act as an element of administrative coercion with the principles of democracy. Particular attention is paid to the understanding of an administrative act in the context of administrative process, including the contrast between the influence of judicial practice and its purely managerial understanding. The article also discusses the peculiarity of an administrative act, namely, its ability to be transformed depending on the needs of public authorities and the absence of any strict restrictions on the part of the legislator. The author also raises the issue of the possibility of replacing or transforming the act with other forms of governance. The author discusses the possibility of a more detailed stratification of an administrative act to increase its effectiveness of application by making its elements easier to construct and facilitating the search for answers to emerging questions.
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Yoon, Kangwook, and Hun-min Park. "Administrative Procedure in Dutch General Administrative Law Act." ADMINISTRATIVE LAW JOURNAL 50 (August 31, 2017): 109–32. http://dx.doi.org/10.35979/alj.2017.08.50.109.
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Milkov, Dragan, and Ratko Radošević. "Assurance in administrative procedure." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 1 (2022): 1–21. http://dx.doi.org/10.5937/zrpfns56-36621.
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Assurance is one of the novelties in the new Serbian Administrative Procedure Act, passed in 2016. Assurance is a written act through which a competent authority accepts the obligation to issue a certain administrative act, at the request of the party. Legal nature of this act is quite unclear and disputable. Legal theory usually asks itself whether this act can also be considered as an administrative act, or not. In order to answer this question, specific regulations on assurance must be analysed in domestic and comparative law. After this analyse has been done, we can conclude that these regulations are contradictory and the features of the assurance do not correspond to those of an administrative act.
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Niemivuo, Matti. "The Finnish Administrative Procedure Act." European Public Law 10, Issue 3 (September 1, 2004): 461–68. http://dx.doi.org/10.54648/euro2004027.
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Борбунюк, О. О. "To determine the administrative act." Problems of Legality, no. 125 (March 1, 2014): 160–68. http://dx.doi.org/10.21564/2414-990x.125.52476.
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Marčetić, Svetlana. "Administrative act: Concept and types." Glasnik Advokatske komore Vojvodine 82, no. 9 (2010): 508–29. http://dx.doi.org/10.5937/gakv1011508m.
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Chvosta, Peter. "WHEN IS AN ADMINISTRATIVE ACT AN ADMINISTRATIVE ACT? REQUIREMENTS FOR A DECISION IN AUSTRIA." Administrative law and process, no. 3(26) (2019): 77–88. http://dx.doi.org/10.17721/2227-796x.2019.3.05.
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Decision or administrative act are the centerpiece of any administrative processing in Central Europe. Their goal is mostly the same in all countries: They provide for legal peace and legal clarity and are starting points for constitutional review of the state’s actions. After administrative act was defined and its whereabouts codified in the German Administrative Procedure Act, legal science turned to the problem of challenging it before an administrative court. It is argued that not so much the form, but rather the content of the act with all the supplement features is its distinctive feature. For example, when a mayor of a municipality in a letter to individual ordered to allow for consume of private water because of a prolonged drought and at the end of the drought withdraw the letter and canceled the emergency consumption resulting can be challenged in court. As the Constitutional Court said: notwithstanding the form it was a decision since it created or revoked rights. On the other hand, communication or notification are not to be qualified as decisions as well as recommendation or consultation with no binding power. Subjective public rights are essential when assessing the quality of a decision. Even a legal opinion of the Minister of Social Affairs can present a decision if it affects a public right. When a decision even in the form of a letter was taken into consideration by the Constitutional Court and the public authority (Governor) took it back the Court thereupon formally terminated the proceedings but said the letter and its effect were illigal. The Court said that the existence or non-existence of a decision may not be at the expense of the party as well as any interference in public subjective rights even through law rules is open to the constitutional control.
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Miljic, Drazen. "Administrative contracts according to the General Administrative Procedure Act." Zbornik radova Pravnog fakulteta, Novi Sad 51, no. 2 (2017): 521–39. http://dx.doi.org/10.5937/zrpfns51-13936.
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Radošević, Ratko. "Deciding on an objection in the administrative procedure: Legal nature of the decision." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 601–16. http://dx.doi.org/10.5937/zrpfns55-33699.
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An objection is a "legal remedy" in administrative procedure, used against new forms of "administrative activities": due to non-fulfillment of obligations from the administrative contract, against administrative actions and due to the manner of providing public services. The objection is decided by a decision, which should have the character of an administrative act. In this way, legal protection against new forms of "administrative activities" should be introduced into régime administratif, which includes an appeal in the administrative procedure and a lawsuit in the administrative dispute. This decision, however, reminds of an administrative act only by name - not by its features. Such a conclusion is indicated by the legal definitions of the administrative act, in the General Administrative Procedure Act and the Administrative Disputes Act. In short, this decision is not an administrative act because the situations in which it is made are not administrative matters, but various situations, of different legal nature.
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Langa, P., E. I. Edoun, and V. Naidoo. "Success Factors for Creating Spin-Out Companies by South African Publicly Financed Research and Development Institutions: A Resource-Based View Perspective." Journal of Economics and Behavioral Studies 10, no. 6(J) (December 22, 2018): 113–28. http://dx.doi.org/10.22610/jebs.v10i6(j).2603.
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Technology commercialisation using spin-out companies has shown to be a viable option by publicly financed research and development (R&D) institutions internationally. In South Africa (SA) this trend of spin-out company creation for technology commercialisation is anticipated to be on the rise since the inception of the Intellectual Property Rights from Publicly Financed Research and Development Act number 51 of 2008 (IPR-PFRD Act). This study aimed at trying to understand the factors that influence the successful creation of spin-out companies by SA publicly financed R&D institutions, utilising the RBV as the main theoretical framework. A survey questionnaire was distributed using a purposive sample approach to 49 key individuals (technology transfer professionals) who have been involved in spin-out creation in the past and the response was received from 17 respondents. A mixed methods research methodology was utilised and the data was presented using descriptive statistics and narration. The results of the data indicate a similar pattern to international trends and in some instances unique resource combinations that are relevant to SA.
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Langa, P., E. I. Edoun, and V. Naidoo. "Success Factors for Creating Spin-Out Companies by South African Publicly Financed Research and Development Institutions: A Resource-Based View Perspective." Journal of Economics and Behavioral Studies 10, no. 6 (December 22, 2018): 113. http://dx.doi.org/10.22610/jebs.v10i6.2603.
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Technology commercialisation using spin-out companies has shown to be a viable option by publicly financed research and development (R&D) institutions internationally. In South Africa (SA) this trend of spin-out company creation for technology commercialisation is anticipated to be on the rise since the inception of the Intellectual Property Rights from Publicly Financed Research and Development Act number 51 of 2008 (IPR-PFRD Act). This study aimed at trying to understand the factors that influence the successful creation of spin-out companies by SA publicly financed R&D institutions, utilising the RBV as the main theoretical framework. A survey questionnaire was distributed using a purposive sample approach to 49 key individuals (technology transfer professionals) who have been involved in spin-out creation in the past and the response was received from 17 respondents. A mixed methods research methodology was utilised and the data was presented using descriptive statistics and narration. The results of the data indicate a similar pattern to international trends and in some instances unique resource combinations that are relevant to SA.
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Kim, Nam Wook. "A Study on automated Administrative Decisions and Due Process by Artificial Intelligence Algorithms." National Public Law Review 20, no. 1 (February 28, 2024): 73–103. http://dx.doi.org/10.46751/nplak.2024.20.1.73.
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With the development of science and technology, the administration is increasing the number of fully automated administrative dispositions by automatic electronic systems without public officials' expressions or intervention based on artificial intelligence algorithms and big data in mass administrative procedures. Article 20 of the Framework Act on Administrative Law Affairs stipulates that fully automated administrative actions can be administered by a fully automated system based on the law, but it is emerging as a legal task for legislators to regulate the requirements and limitations of fully automated administrative actions and securing procedural fairness in individual laws.
It is also necessary to clarify the distinction between partially automated administrative actions and fully automated administrative actions by artificial intelligence algorithms, and to consider the limitations of automatic administrative decisions in discretionary and judgment areas. The German Federal Administrative Procedure Act does not provide an opportunity for hearings or an explanation of the reasons for disposal for automated administrative actions, and the British Data Protection Act prepares to object to automated administrative decisions.
In this paper, legislation on fully automated administrative actions under the Federal Administrative Procedure Act in Germany, the Framework Act on Taxes, the Social Security Act, and the Battery Act, legislation on the requirements and procedures of fully automated administrative actions under the Data Protection Act in the UK, the concept of fully automated administrative disposition and the establishment and presentation of administrative agencies stipulated in Spain's 2015 Act on the Legal System of the Public Sector, Galicia's Act on Digital Administration in 2019. By considering the legal principles on the promotion of fully automated administrative decisions under the Act on the Simplification and Organizational Rationalization of Andalusia, it seeks implications for Korea as well as examines the issue of ensuring due process for fully automated administrative decisions. In particular, we discuss the application of the legal reservation principle to fully automated administrative actions by artificial intelligence algorithms, procedural guarantees and procedural fairness for fully automated administrative decisions, transparency and explainability, and algorithmic impact assessment.
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Kore-Perkone, Kristine. "MAIN CHARACTERISTICS OF ADMINISTRATIVE ACTS FROM THE PERSPECTIVE OF ADMINISTRATIVE PROCEDURE LAW OF LATVIA AND JUDICIAL PRACTICE." Administrative law and process, no. 2(25) (2019): 133–47. http://dx.doi.org/10.17721/2227-796x.2019.2.09.
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An administrative act is the main concept and instrument of administrative procedure. Despite the availability of other forms of the performance of public administration (for example, practical step, public law agreement, legislative action etc.), an administrative act is considered as an activity in classic form. Consequently, as a rule, the concept of an administrative act is analysed more frequently in the Latvian administrative judicial practice and legal literature. The article provides an overview of the main characteristics of administrative acts from the perspective of Administrative Procedure Law in Latvia. In the article, the author elaborates on several main characteristics of administrative acts from the perspective of judicial practice and Latvian doctrine. The author also undertakes а comparative analysis between the Latvian Administrative Procedure Law and the newly adopted Law on Administrative Activities and Administrative Procedures of the Kyrgyz Republic. From the above, it follows that the positive part of the definition of an administrative act in the Administrative Procedure Law of Latvia is the same as in the Law of the Kyrgyz Republic. Thus, both laws provide for similar features that a decision must have to be recognized as an administrative act. It is noted that the Administrative Procedure Law of Latvia includes an exception to the general principle that an interim decision is not an administrative act, apart from cases when the decision itself substantially affects the rights or legal interests of a person or substantially limits them. The definition of an administrative act, which is stipulated by the Law of the Kyrgyz Republic “On Administrative Activity and Administrative Procedures”, does not indicate that an administrative act is not an interim or procedural decision. The above does not mean that even now in Kyrgyzstan in order to recognize the decision as an administrative act, there must be no features of a final character. The jurisdiction of administrative offenses cases was changed from the jurisdiction of administrative courts to the courts of criminal jurisdiction. Consequently, the competence of administrative cases doesn’t involve considering administrative offences cases.
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Chung, Nam-Chul. "Re-establishment of the relationship between the Administrative Procedure Act and the General Act on Public Administration in Korea." Korean Administrative Law Association 23 (September 30, 2022): 73–100. http://dx.doi.org/10.59826/kdps.2022.23.73.
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In the Korean Administrative Procedure Act, amended on January 11, 2022, substantive provision on public commitments (Zusicherung), disclosure of violations, and administrative plans were newly introduced. The Korean General Act on Public Administration and the Administrative Procedure Act have overlapping provisions such as the principle of trust protection and reporting. In addition, the Korean General Act on Public Administration has regulations that are confused with the principle of balancing in administrative plan as a criterion for exercising administrative discretion. As such, the General Act on Public Administration and the Administrative Procedure Act pose difficulties in their interpretation and application due to overlapping or similar regulations. Today, the procedural law not only performs a function of contributing to the substantive law, but also has independent functions such as securing democratic legitimacy and prior remedies, as well as enhancing administrative efficiency. Procedural law and substantive law are not separated completely, but complement each other organically. In that respect, the Korean General Act on Public Administration and the Korean Administrative Procedure Act should be complementary, and in the long run, they should be integrated. Until the integration is realized, it is necessary to prevent a contradiction between the General Act on Public Administration and the Administrative Procedure Act and to make partial amendments to enhance the completeness of each Act. First, in the Administrative Procedure Act, some provisions on ‘procedural principles’ should be prepared, and provisions on general principles of Administrative Act should be unified in the General Act on Public Administration. Since the provisions on the duty of faithfulness in the General Act on Public Administration are ambiguous, it is desirable to delete them and to regulate the principle of equality in relation to the so-called self-binding of the administration (Selbstbindung der Verwaltung). Second, the reporting system is stipulated in two ways in the General Act on Public Administration and the Administrative Procedure Act. In my personal opinion it is desirable to uniformly regulate the reporting system in the Korean Administrative Procedure Act. Considering the intrinsic function of the reporting system, the right to substantive review should be reserved. For this, the period of consideration must be established before the report becomes effective. In case of reporting violations of laws and regulations during this period, regulations should be prepared for the administrative agency to suspend or ban. Third, the content regarding the criteria for exercise of discretion in Article 21 of the General Act on Public Administration is inaccurate and also not legally justified. Discretionary action has nothing to do with the principle of balancing. Article 21 of the General Act on Public Administration should make it clear that discretion, not just balancing, should be exercised appropriately for the purpose of the given authority. Although automatic disposition was introduced in the General Act on Public Administration, the procedural regulations are not considered at all. In this regard, the Korean Administrative Procedure Act should revise the rules of procedure related to automatic disposition. The enactment of the Korean General Act on Public Administration is a new challenge in the history of Korean administrative law. To make this Act more useful, I think that it needs to be harmonized with the Korean Administrative Procedure Act, and in the long run, both laws should be integrated. For the enactment of such an so-called “integrated administrative code”, a forward-looking attitude and response from academia and administrative practice are needed in the future.
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Maile, A. D. "Legislation on Administrative Procedures: The German Experience." Siberian Law Review 18, no. 2 (October 20, 2021): 204–15. http://dx.doi.org/10.19073/2658-7602-2021-18-2-204-215.
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This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.
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Maslov, Vladimir V. "Formation of the Concept of “Administrative Act” in the European Administrative-Legal Doctrine." Theoretical and Applied Law, no. 3 (17) (September 2023): 18–29. http://dx.doi.org/10.22394/2686-7834-2023-3-18-29.
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The article focuses on the formation of the main approaches to the content of the concept of an administrative act in European administrative law. The subject of the analysis is either the rule of law or the doctrine of France, Germany, Italy and Spain. The author notes that administrative act as an independent category arises in France as a result of the creation of a separate administrative jurisdiction. The article gives a detailed analysis of the evolution of approaches to the administrative act in France, as a result, the author shows gradual narrowing of its content and reveals its prerequisites. The author states that the interpretation of the administrative act given by M. Hauriou as an expression of the will of the administration in order to cause legal consequences served as the basis for the application (with some adaptation) civil law developments regarding legal transactions (invalidity of administrative acts, conditional administrative acts, etc.) to administrative act. The article examines the approaches of the German doctrine and shows common features and differences between the concept of an administrative act in Germany and in France. The study determines construction of an administrative act by analogy with a judicial decision as a characteristic feature of the German legal order. In this regard, its focus on the settlement of a specifi c case becomes its key parameter, which, unlike France, excluded the possibility of considering regulatory acts of the administration as a type of administrative acts. Much attention is given to the approaches to the administrative act in Italy and Spain. The author shows that these countries point departed from the French and German traditions in the middle of XX century and adopted a much broader defi nition of the administrative act.
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Bērtaite-Pudāne, Inga. "Genesis of Administrative Justice and Administrative Procedure in Latvia." Miscellanea Historico-Iuridica 22, no. 1 (2023): 103–18. http://dx.doi.org/10.15290/mhi.2023.22.01.05.
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In 2021, the administrative courts of Latvia celebrated two significant anniversaries. The first was one hundred years since the adoption of the Act on Administrative Courts, which was the beginning of administrative justice in Latvia. The second significant anniversary – 20 years ago a modern Administrative Procedure Act was adopted and separate administrative courts were established. This article aims to describe the genesis of administrative justice in Latvia during the Interwar Period and after the restoration of Latvia’s independence in 1991. Administrative justice a hundred years ago and now is an instrument that ensures the observance of fundamental principles of democracy and the rule of law. Thus, the present day connects us with the time 100 years ago. At the same time, it should be acknowledged that the assessment of the regulation of administrative procedure, as well as the organization of administrative justice, in Latvia, differ significantly between then and now. The article analyses the reasons why the 1921 Act on Administrative Courts was considered outdated and incomplete as it approached its twentieth anniversary, while the current Administrative Procedure Act, celebrating its twentieth anniversary, is considered to be of a success story. The article also examines the challenges that characteriz administrative justice in the Interwar Period and nowadays, looking for commonalities and differences. The article uses both interwar and contemporary legal sources. The article uses analytical and historical research methods. The article can serve as a source of information for further comparative studies on the genesis of administrative justice in the region.
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Zoran, Loncar. "Postponement of execution of the administrative act in administrative dispute." Zbornik radova Pravnog fakulteta, Novi Sad 46, no. 2 (2012): 239–59. http://dx.doi.org/10.5937/zrpfns46-1964.
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Markova, O. O. "Administrative act appeal within the administrative procedure: comparative legal analysis." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (July 10, 2023): 151–62. http://dx.doi.org/10.32631/v.2023.2.44.
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A comparative legal analysis of one of the stages of administrative procedure i.e. the stage of appeal against an administrative act has been carried out. The attention is focused on the study of the provisions of the FRG Law “On Administrative Procedure”, the Code of Administrative Procedure of Poland and the Law of Ukraine “On Administrative Procedure” regarding appealing against the results of administrative procedure. An analysis of the peculiarities of the mechanism for appealing against an administrative act within the framework of administrative procedure in Poland and Germany has been carried out, and a comparison has been made with the provisions of the Law of Ukraine “On Administrative Procedure”, and proposals have been provided for improving the provisions of the law which has not yet entered into force. It has been proved that the Law of Ukraine “On Administrative Procedure” should clarify the provisions on the subject of complaint consideration, given the lack of criteria to be taken into account when selecting the subject of complaint consideration. The Law provides for an alternative composition of the body which is authorised to consider complaints: 1) a higher-level administrative body, unless another entity is provided for by law; 2) a board for reviewing complaints.
We consider it expedient to move away from the concept of consideration of a complaint by a higher body, since administrative officials often violate the principle of impartiality and fairness when considering a complaint, and to establish that the subject of consideration of a complaint is a collective body – a commission formed by a higher-level administrative body, to provide for pre-trial resolution of a conflict (dispute), which involves individuals filing a complaint within the framework of an administrative appeal, as a mandatory condition, which will solve the problem of parallel judicial review. In order to expand the means of protection of rights and interests in the administrative procedure, it has been proposed to enshrine the right of a person to use mediation as an alternative to administrative appeal.
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Mawardi, Irvan. "Kedudukan Pengadilan Tinggi Tata Usaha Negara sebagai Pengadilan Tingkat Pertama (Jo. Pasal 51 ayat 3 UU 5/1986) Pasca Berlakunya Undang-Undang Nomor 30 Tahun 2014 tentang Adminitrasi Pemerintahan." Jurnal Hukum Peratun 2, no. 1 (February 27, 2019): 55–74. http://dx.doi.org/10.25216/peratun.212019.55-74.
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The Political Law of Act Number 30 of 2014 on Government Administration regulates do administrative effort must be taken before sues to administrative court. According to Article 76 paragraph 3 the Administrative Court has the authority to examine and adjudicate state administrative disputes after being taken by the Administrative Efforts. But on the other Act Number 05 of 1986 on Administrative Court concerning Article 48 jo. Article 51 Paragraph (3) also authorizes the High Administrative Court as the first degree court to examine and adjudicate on administrative decision that have been resolved through Administrative Efforts. This article try to analyze First, the pattern of administrative dispute resolution in the Administrative Court after ratification of Act Number 30 of 2014 on Government Administration. Second, the position and authority of the High AdministrativeCourt as the first degree court after ratification of Act Number 30 of 2014 on Government Administration?
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Chromicka, Dorota. "ZNACZENIE NOWELIZACJI USTAWY O INFORMATYZACJI DLA POSTĘPOWANIA PRZED SĄDAMI ADMINISTRACYJNYMI." Zeszyty Prawnicze 9, no. 2 (June 25, 2017): 213. http://dx.doi.org/10.21697/zp.2009.9.2.11.
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The Importance of the Projected Amendment of the Polish Act on Informatization to the Act on Administrative Court ProceedingsSummaryMost of the regulations of the polish Act on Informatization of public tasks performed by public organizations passed on 17 February 2005 came into force on 21 July 2005. After almost 4 years some institutions proved to be unsuccessful or did not work as intended. Also fast development of new technologies required amendment of the Act.On 17th June 2009 Governmental project on amendment of the Act on Informatization of pubic tasks performed by public organizations, Administrative Proceedings Code, Tax Ordinance Act and some other acts was sent to Sejm Marshall.Administrative Proceedings Code unlike the Act on Administrative Court Proceedings accepts electronic documents that are electronically signed. Pursuant to Art. 5 section 2 polish Act on Electronic Signature and Art. 78 § 2 Civil Code, qualified electronic signature equals to autograph signature. This confuses parties who have problems with understanding why their pleadings signed with qualified electronic signatures are not accepted by the administrative court. Act on Informatization does not apply on administrative courts now but the project on Amendment of the Act on Informatization passed on 8 January 2010 would oblige them to accept electronic documents in litigation. The Article presents how exactly administrative courts justify not accepting electronic documents now and how it would change when the Amendment of the Act should come into force. Apart from characterizing Supreme Administrative Court’s rulings, this article concentrates on the influence of the Amendment of the Act on Informatization over the Act on Administrative Court Proceedings.
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Meuwese, Anne, Ymre Schuurmans, and Wim Voermans. "Towards a European Administrative Procedure Act." Review of European Administrative Law 2, no. 2 (December 1, 2009): 3–35. http://dx.doi.org/10.7590/real_2009_02_02.
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Gellhorn, Walter. "The Administrative Procedure Act: The Beginnings." Virginia Law Review 72, no. 2 (March 1986): 219. http://dx.doi.org/10.2307/1073056.
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Pavlovska-Daneva, Ana, and Elena Davitkovska. "The Macedonian General Administrative Procedure Act." Hrvatska i komparativna javna uprava 17, no. 2 (June 27, 2017): 263–90. http://dx.doi.org/10.31297/hkju.17.2.2.
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U radu se opisuje proces modernizacije i unaprijeđenja općega upravnog postupka u Republici Makedoniji te se daje pregled ključnih novosti i kritički osvrt na njih. Također, navode se standardi i smjernice za funkcioniranje uprave koji su poslužili kao temelj za izradu makedonskoga Zakona o općem upravnom postupku (ZUP-a) te se prikazuju različita teorijska gledišta na njih. Rad započinje definicijom upravnoga postupka u zakonodavstvu i prema različitim doktrinama. Pritom se navodi se nekoliko gledišta: upravni postupak koji se može tumačiti u svjetlu klasične Weberove teorije birokratske organizacije ili upravni postupak koji se može tumačiti u svijetlu modernih doktrina poput Novoga javnog menadžmenta. Što se tiče zakonodavnih definicija, u radu se opisuje makedonski ZUP ali i podudarni zakoni drugih zemalja (Francuske, Finske, Hrvatske i drugih). Definiciju upravnoga postupka slijedi pregled njegovih osnovnih načela, s osvrtom na ona načela koja su upravo uvedena u Republici Makedoniji. Posebna se pažnja posvećuje načelu proporcionalnosti, načelu delegiranja ovlasti za donošenju odluka, načelu pravne zaštite i šutnji uprave kao njegovom sadržajnom dijelu. Navedena se načela detaljno analiziraju kao i razlozi zbog kojih su uvrštena u makedonski ZUP, nakon čega se daje kritički osvrt na svako do njih. Autorice zaključuju da je proces usvajanja ZUP-a krajnje problematičan, te upozoravaju na ozbiljan nedostatak obrazovnih programa usmjerenih na osposobljavanje javnih službenika koji će zakon provoditi u budućnosti.
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Arzhi Jiwantara, Firzhal. "Philosophical, Juridical, and Historical Review of TUN Dispute Resolution Including State Civil Officer Disputes Post Administrative Efforts." SHS Web of Conferences 182 (2024): 04003. http://dx.doi.org/10.1051/shsconf/202418204003.
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This research aims to determine and analyze the philosophical, juridical, and historical review of State Administrative Court (PTUN) dispute resolution, including state civil officer disputes after administrative efforts. The method used in this research is normative-empirical legal research with a statutory approach, conceptual approach, case approach, and sociological approach. With the concept of Administrative Efforts, there is a legal problem, namely the disharmony in the regulation of administrative efforts as regulated in Article 48 of Act Number 5 of 1986 with those regulated in Articles 75 to Article 78 of Act Number 30 of 2014 and the Circular Letter of the Supreme Court Republic of Indonesia Number 1 of 2017 letter E number 3 and Supreme Court Regulation Number 6 of 2018. Based on the results of the research, combining State Administrative (TUN) dispute resolution after Administrative Efforts based on Act No. 5 of 1986 and Act Number 30 of 2014, a judicial system has been implicitly formed. The integrated administrative justice system is perfect because all TUN and/or Government Administration dispute resolution is first through administrative efforts. The regulation of administrative efforts in Act No. 5/1986 and the regulation of administrative efforts in Act No. 30 2014 cover each other and complement each other, with Administrative Efforts as a premium remedium and PTUN institutions as the ultimum remedium.
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Hadjon, Philipus M. "PERADILAN TATA USAHA NEGARA DALAM KONTEKS UNDANG-UNDANG NO. 30 TH. 2014 TENTANG ADMINISTRASI PEMERINTAHAN." Jurnal Hukum dan Peradilan 4, no. 1 (March 31, 2015): 51. http://dx.doi.org/10.25216/jhp.4.1.2015.51-64.
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Act No. 30 Year 2014 on Government Administration (UU AP) instead of administrative law. The concept of public administration (AP) in Article 1.1 is governance in the decision and / or action by the official agency and / or government. When compared with the Dutch Algemene wet Bestuursrecht (AWB), it seems obvious differences. AWB moved from the concept of administrative law (bestuursrecht) while the AP is the starting point of government dministration. That in AP there are aspects of administrative law, but the concept of administrative law is confusing. On the basis, the common explanations of AP stating AP Act is a substantive law of the State Administrative Court system becomes a big question mark. AP Act provisions concerning Administrative Court is not based on a clear conceptual approach. On the basis, AP Act concerning Administrative Court is very difficult to apply in judicial practice as well as vague concepts is also contrary to the concepts of administrative law. Keywords: Judicial, Administrative Court, Act No. 30 Year 2014 on Government Administration
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Panaciuk, O. V. "Modern Scientific Approaches on Defining an Administrative Offense." Law and Safety 76, no. 1 (February 20, 2020): 83–88. http://dx.doi.org/10.32631/pb.2020.1.11.
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The correlation of the terms of “administrative misdemeanor” and “administrative offense” has been characterized; the legal definition of “illegal act” as the main component of the content of an administrative misdemeanor has been analyzed; the main legislative features of an administrative misdemeanor have been classified, each of them has been characterized.
The author has offered classify offenses according to the following criteria: a) the degree of public danger: crimes and misdemeanors (administrative, civil, disciplinary); b) spheres of public life: in the economy, politics, social sphere, etc.; 3) forms of guilt: committed with intent and committed through negligence. It has been emphasized that an offense is a socially dangerous or socially harmful, illegal, culpable act of a tort person, which entails legal liability. Nowadays, legal science defines several types of them: constitutional and legal misdemeanor, civil misdemeanor, administrative misdemeanor, disciplinary misdemeanor, tax misdemeanor.
It has been analyzed that the current legislation actually equates the concepts of “administrative offense” and “administrative misdemeanor”, which is incorrect, because an administrative offense is inherently much broader than an administrative misdemeanor, since it includes all illegal actions that occur in the field of public management.
It has been emphasized that any violation of administrative law should be considered as an administrative offense, while an administrative misdemeanor is an illegal act, which entails the imposition of an administrative penalty according to the law.
It has been proved that the main component of the content of an administrative misdemeanor is an illegal act. It has been emphasized that the act is characterized by such legislative features as: social harm, illegality, guilt, administrative punishment. It has been noted that the absence of at least one of them makes it impossible to qualify an illegal act as an administrative misdemeanor (a tort).
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Zakharchuk, Sergey D., and Yelena V. Matveeva. "ADMINISTRATIVE OFFENSE: SOCIALLY DANGEROUS OR SOCIALLY HARMFUL ACT?" LEGAL ORDER: History, Theory, Practice 38, no. 3 (November 17, 2023): 29–38. http://dx.doi.org/10.47475/2311-696x-2023-38-3-29-38.
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The scientific article discusses issues related to the determination of the grounds for the occurrence of administrative responsibility as one of the types of legal liability. The authors investigate scientific positions regarding the signs of an administrative offense. In general, agreeing with the opinion of scientists regarding the signs of an administrative offense, the authors of the scientific article are critical of the identification of such a sign of an administrative offense as “public danger”. The paper analyzes the scientific literature, law enforcement practice and documents of state authorities, from which it follows that questions about the differentiation of “public harmfulness” or “public danger” of administrative offenses have not been resolved to date. Examining the materials of judicial practice, as well as decisions of higher courts, scientific positions of scientists, the authors come to the conclusion that administrative offenses are “socially harmful” acts. Otherwise, there would be no boundaries and differences between a crime and an administrative offense. The article also formulates the author’s concept of an administrative offense.
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Skrzypczak, Jędrzej. "The Commercialisation of Propaganda and the Independence of the Fourth Estate – a Contribution to the Discussion on Contemporary Threats to Media Freedom." Przegląd Politologiczny, no. 2 (June 20, 2023): 101–17. http://dx.doi.org/10.14746/pp.2023.28.2.7.
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The article presents the phenomenon of the so-called privatisation of censorship and the commercialisation of propaganda and their impact on the independence of the fourth authority. The author intends to confirm or question the hypothesis according to which, in the 21st century, the new phenomenon of the so-called privatisation of censorship and the commercialisation of propaganda. To this end, he intends to use a descriptive method, situational analysis, and comparative analysis elements. The concept of the so-called “privatisation of censorship” was first described by J. Kurzlantick and P. Link based on observing components of the media policy of the People’s Republic of China towards Taiwan in the 21st century. According to these authors, a very worrying phenomenon can be seen in outsourcing content control to private sector representatives. This means that censorship is delegated to private media companies. This action is supposed to consist of exercising actual control over the circulation of content and messages, not by state bodies but by media owners or advertisers who exert direct or indirect pressure, usually economic, on journalists intending to publish critical texts. The concept of privatisation of censorship should be broadened to the idea of the so-called commercialisation of propaganda. This type of strategy seems to be observed in Hungary and Poland in recent years, the most apparent evidence of which is the remedial action taken recently by the European Union, particularly the European Media Freedom Act proposal. Based on the analysis of the described examples seen in Taiwan, Hungary and Poland, it has been demonstrated that the measures referred to as the privatisation of censorship and the commercialisation of propaganda can prove very effective and thus dangerous for the independence of the fourth estate. The current legal regulations guaranteeing freedom of speech and the media, although explicitly prohibiting, among other things, preventive censorship, turn out to be insufficient in ensuring the independence of the fourth authority in the case of actions termed “privatisation of censorship” and “commercialisation of propaganda”.
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Joung, Youn Boo. "Review of Issues on Codifying the General Principles of Administrative Law by the GENERAL ACT ON PUBLIC ADMINISTRATION." National Public Law Review 19, no. 2 (May 31, 2023): 207–37. http://dx.doi.org/10.46751/nplak.2023.19.2.207.
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Before the enactment of the GENERAL ACT ON PUBLIC ADMINISTRATION, administrative law had a circular system. The general principles as an unwritten source of administrative law have played a wide role as a central source of law in that system. The general principles have recently been codified with the GENERAL ACT ON PUBLIC ADMINISTRATION enacted. There were already some examples that the general principles as an unwritten source of administrative law were codified. However, the meaning of this codification is different from the past in that the general principles of administrative law, which were a large part of the existing administrative law, have been changed into a written source of law by the GENERAL ACT ON PUBLIC ADMINISTRATION which takes the form of general law. In this regard, it is necessary to examine the significance of codifying the general principles of administrative law by enacting the GENERAL ACT ON PUBLIC ADMINISTRATION. This study investigates the significance from various aspects. First, it analyzes the significance of codifying an unwritten source of administrative law by the GENERAL ACT ON PUBLIC ADMINISTRATION. Subsequently, the significance of codifying the general principles of administrative law is analyzed. The significance derived from this study could contribute to the complementary operation of the general principles as an unwritten source of administrative law and the general principles under the GENERAL ACT ON PUBLIC ADMINISTRATION. In addition, despite the fact that some general principles of the administrative law have been codified by the GENERAL ACT ON PUBLIC ADMINISTRATION, the general principles as an unwritten source of the administrative law are still expected to be actively operated as laws.
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Tiunova, N. V. "INSIGNIFICANCE OF THE ACT AS A BASIS FOR EXEMPTION FROM ADMINISTRATIVE LIABILITY: TOPICAL ISSUES OF LAW ENFORCEMENT PRACTICE." Ex Jure, no. 1 (2019): 19–31. http://dx.doi.org/10.17072/2619-0648-2019-1-19-31.
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Abstract:the article deals with topical issues of law enforcement practice of the provisions of article 2.9 of the code of administrative offences, providing for the possibility of exemption from administrative liability on the basis of insignificance of the act. Proposals on the criteria in administrative and court practice on Affairs about administrative offences can be attributed the act to the category of minor, including a list of compositions of administrative offences, which could not apply article 2.9 of the Code of the Russian Federation about administrative offences. Some controversial issues of exemption from administrative liability on the basis of insignificance of the act in the review of cases by courts of General jurisdiction and in arbitration proceedings in cases of administrative offenses are identified. At the same time, the controversial issue of the application of article 2.9 of the administrative Code in the presence of circumstances mitigating administrative responsibility. It is also proposed at the legislative level to establish the legal consequences of the application of oral comments in the release from administrative responsibility and the termination of the proceedings on an administrative offense in the insignificance of the act.
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Turchak, А. M. "Validity of the administrative act: conditions and rules." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 248–52. http://dx.doi.org/10.24144/2788-6018.2022.04.45.
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The article analyzes the doctrinal and regulatory provisions regarding the rules of validity of the administrative act and the features of bringing its content to the attention of the relevant addressees. It is noted that the author does not support the thesis that the validity of an administrative act should be separated from its effect. It is seen that the specificity of an administrative act, which mainly consists in its individual nature, does not give grounds to extend to it the peculiarities of the entry into force and operation of laws, which, as is known, are acts of a general nature. Actually, such specificity of the administrative act, its focus on solving a specific situation gives grounds for the reverse conclusion that the moment of entry into force and the effect of the administrative act actually coincide and, as some researchers correctly note, there is no sense in distinguishing the specified categories. At the same time, it should be added that the requirements for the administrative act and the rules of its validity should not be equated with each other and an equal sign should be placed between them. The first, that is, the requirements for the act, are factors of its legality, which, among other things, affect its validity and effect, while the rules of validity, on the other hand, relate to the moment of its entry into force
It is noted that administrative acts containing errors or other defects, depending on the nature of the defects and the resulting legal consequences, are disputable and void. It is noted that in some sources disputed acts are called objectionable or disputed. However, such a name is not entirely correct, since an act containing errors or defects does not always become the subject of an appeal, that is, it is actually challenged or denied. In this regard, it is proposed to use the term controversial, rather than objectionable (disputed) act, i.e. one that contains controversial provisions that can potentially be contested.
It has been established that disputed are those administrative acts that have entered into force, but have defects that call into question the legality of the act and can be challenged in an administrative or judicial procedure. In turn, an administrative act adopted by an administrative body is null and void if it contains obvious significant deficiencies, the list of which is established by law. Unlike a disputed act, a void administrative act does not enter into force.
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Olejnik, D. "Reasons for Appealing an Administrative Act and Enforce an Administrative Obligation in Court According to the Law of the Federal Republic of Germany." Juridical science and practice 17, no. 2 (October 18, 2021): 22–28. http://dx.doi.org/10.25205/2542-0410-2021-17-2-22-28.
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The article considers the reasons for appealing an administrative act and enforce an obligation in court according to the law of the Federal Republic of Germany. In particular, the reasons for appealing of an administrative act is its iIllegality and the resulting violation of the plaintiff's rights. Herewith, an administrative act is legal (not unlawful), if it is based on a legal provision, authorizing administration to act this way, at its issuance the legal requirements of procedural norms (formal legality) and substantive law (material legality) were complied with. The reasons to enforce an administrative obligation are the illegality of the refusal to issue the required administrative act, as a result of which the rights of the plaintiff were violated and the case is prepared for making a decision.
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Briede, Jautrīte, and Iryna Boiko. "Legal Nature and Characteristics of Administrative Act (in the Comparative Context of Latvia and Ukraine)." Problems of legality, no. 163 (December 28, 2023): 22–45. http://dx.doi.org/10.21564/2414-990x.163.292172.
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The topicality of the topic is due to the entry into force of the Law of Ukraine "On Administrative Procedure", which establishes unified rules for making decisions by the public administration, which are generally called administrative acts. The purpose of the article is to study the nature of administrative acts by highlighting their features, which will have not only theoretical, but also practical significance. The research uses methods of legal analysis and synthesis, comparative-legal, systemic-structural. It has been established that the external orientation of an administrative act means that the administrative body addresses its prescriptions to a person who is outside the public administration and does not have a labor or official relationship with it. It was established that the administrative act is a legal act, as it is based on the prescriptions of legislative acts; on this basis, it differs from actual actions. The difference between administrative and technical acts or simple acts in the field of public law is indicated. It was determined that the decision to refuse to meet the requirements of a person is a negative administrative act. It is emphasized that an administrative act is a decision in the field of public law; the theory of interests, the theory of subordination, and the theory of subjects were used to distinguish between public and private law. The subject of the adoption of an administrative act is the body performing the functions of public administration. It is noted that the functional approach embedded in his understanding allows him to consider both subjects of delegated powers, specially created commissions, and private individuals, if the legislator has empowered them to carry out public administration. It is emphasized that the legislator determines which acts are not administrative. On the basis of the conducted research, conclusions were formulated regarding the features of administrative acts, which include the following: external orientation, legal act, sphere of public law, adopted by the body, applies to an individually determined person or persons, establishes, changes or terminates legal relations or establishes the actual state, is not one from the decisions specified in the negative part of the definition of an administrative act or the adoption of which is not covered by the law. Recommendations are given regarding the use in practice of the features of an administrative act as criteria for determining the nature of the body's decision/action.
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Boiko, I. V. "Novak Djokovic's case: analysis of some principles of administrative procedure." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 128–33. http://dx.doi.org/10.24144/2788-6018.2021.04.22.
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The article analyzes in detail the content of some principles of administrative procedure on the example of the well-known case of revoking the Minister of Migration, Citizenship, Migrant Services and Multicultural Affairs of Australia visa issued to Serbian tennis player Novak Djokovic. Emphasis is placed on the principle of protection of trust (legitimate interest) of the person to maintain the administrative act, according to which a person can count on the fact that the action taken against him will not be arbitrarily terminated, and therefore the law must clearly define the conditions which the administrative body may revoke the administrative act. It is determined that the power to revoke an administrative act is discretionary, which is enshrined in law through the legal construction of "may", and therefore, its application should be in accordance with the principle of legality in compliance with the following requirements: law; implementation within the limits and in the manner provided by the Constitution of Ukraine and the law; aimed at achieving the purpose for which the discretionary power was granted; impossibility to deviate from previous decisions made by the same administrative body in the same or similar cases, except in justified cases. The content of public interest as one of the grounds for revocation of an administrative act is studied, the interpretation of public interest in the Ukrainian legal doctrine is given. The importance of substantiating an administrative act as a guarantee of proper exercise of discretion in revoking an administrative act on the grounds of protection of public interest, which will allow a person to get acquainted with the motives of the administrative body in adopting a negative administrative act the person of such a decision.
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Pudelka, Jörg. "ADDITIONAL PROVISIONS TO ADMINISTRATIVE ACTS." Administrative law and process, no. 2(25) (2019): 108–17. http://dx.doi.org/10.17721/2227-796x.2019.2.07.
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Purpose. Preconditions for the enactment of an administrative act and the legal effects following from enactment of such an act are not always absolutely clear. The reason is life’s diversity and the related fact that in life it is impossible to plan everything in advance, therefore, it is also impossible to regulate each detail by law. In this context, there is the need to have certain flexibility in issues connected with the application of legal regulations (as part of the regulatory scope) and their impact (as part of the legal effects of the regulation). Methods. As concerns the regulatory scope, this is implemented by the use of indeterminate legal concepts (assessment). But in turn, the concepts shouldn’t breach the principle of the rule of law, and, at the same time, they must be clearly stated. In practice, this is achieved mainly through specifications by a long-term judicial practice which determines the relevant administrative practice. Results. As concerns legal effects, there are regulations providing for discretion and therefore ensuring the possibility for the administrative authority to select the appropriate addressee and means of action. In this context, the administrative authority may also choose whether or not to publish an administrative act with an additional provision. Such additional provisions include determination of the terms, conditions, instruction, a clause on revocability and clause on imposition or modification of an obligation. If the administrative act is published at the discretion of the executive authority, then the act may be extended by additional provisions at the appropriate discretion of the executive body. If the administrative act is not issued under the discretion of the executive body, additional provisions may be added if it is definitely permitted by law or if the additional provision is required only for ensuring the fulfillment of the legal preconditions for the enactment of an administrative act. Conclusions. The article covers the nature and preconditions for enacting additional provisions in administrative law.
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Meyer, Stephan. "Verpflichtungsklage und Verwaltungsermessen." Die Verwaltung 52, no. 4 (October 1, 2019): 501–28. http://dx.doi.org/10.3790/verw.52.4.501.
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Enforcement action doctrine has been plagued by considerable controversy from the very beginning. In particular, the term “rejection of the administrative act” in Section 113 Paragraph 5 First Sentence VwGO is deemed incompatible with enforcement action‘s purpose, for the administrative authority’s decision to reject the desired act is not the very matter under judicial review. Rather, the court is required to only determine whether the nonexistence of the desired act is unlawful (and whether plaintiff has a right to the act) - irrespective of any express rejection by an administrative authority. Section 114 First Sentence VwGO precipitates further unease. While allegedly devised to curtail courts’ authority to review exercise of discretion, its wording suggests quite the opposite (“also reviews…” instead of “only reviews…”). However, legislator’s choice of words should be taken at face value to the extent possible. The article therefore explores a textual interpretation that seeks to better reconcile statutory wording and doctrine. While the term “rejection” signifies that the continued nonexistence of the desired administrative act has been individuated thru the administrative authority’s decision, the term does nevertheless refer to the continued nonexistence itself, and not to the authority’s rejection of the act. In order to apply this finding to cases where the desired administrative act is at the authority’s discretion, the reason for the unlawfulness of the “rejection” requires specification. Before issuing the administrative act with which the act desired by the claimant is rejected, the authority needs to devise an individual rule on how to exercise discretion in the case at hand. If this individual rule does not conform to the purposes of the statutory provision that grants discretion, then it is void. The wording of Section 114 First Sentence VwGO (“also reviews…”) clarifies that the court’s authority extends to reviewing validity of the individual rule. The article concludes with a look at the results’ relevance for action to rescind an administrative act, and for administrative discretion doctrine in general.
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Romanko, Agnieszka. "Organy mediacyjne w postępowaniu przed sądami administracyjnymi." Biuletyn Stowarzyszenia Absolwentów i Przyjaciół Wydziału Prawa Katolickiego Uniwersytetu Lubelskiego 10, no. 2 (February 23, 2023): 47–69. http://dx.doi.org/10.32084/bsawp.5035.
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Mediation before administrative courts is regulated in the following normative acts: act Law on Proceedings Before Administrative Courts, act Law on the Organization of Administrative Courts and Regulation by the President of Poland Rules on Internal Functioning of Regional Administrative. Courts. It is a unique administrative procedure and it is facultative. The subjects who are entitled to conduct mediation before administrative courts are a judge or court registrar.
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Seok, Ho-Young. "A Legal Review on the Metropolitan Area Improvement Plan." Korean Public Land Law Association 104 (November 30, 2023): 203–25. http://dx.doi.org/10.30933/kpllr.2023.104.203.
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The Metropolitan Area Readjustment Planning Act is criticized for penalizing local governments in the Seoul metropolitan area, such as hindering regional development and reducing local taxes, compared to local governments in the non-metropolitan area. Under the Seoul Metropolitan Area Readjustment Planning Act, restrictions on various activities in the area limit regional development projects by local governments in the area, so procedural legitimacy is a question in designating the area. In particular, the total amount regulation on the establishment or expansion of population-intensive facilities such as factories and schools restricts the activities of companies wishing to enter the Seoul metropolitan area, and makes it difficult for local governments to establish or expand factories and schools in the region.
The Administrative Planning Act refers to administrative regulations that stipulate administrative plans as a means to achieve administrative objectives, including the former Comprehensive National Land Construction Planning Act, the Framework Act on National Land Planning and Use, and the Metropolitan Area Readjustment Planning Act. These administrative plans prescribed by the Administrative Planning Act have a system of upper and lower plans, and this paper examines the status of the metropolitan area maintenance plan within this administrative planning law system, derives problems through legal evaluation of the division of areas, restrictions on activities in overcrowded control areas, growth management areas, and natural environment conservation areas, and suggests improvement measures.
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Park, Hyun Jung. "Revision of the Administrative Litigation Act and the Subject of Appeal Litigation." Korean Administrative Law Association 22 (March 30, 2022): 1–45. http://dx.doi.org/10.59826/kdps.2022.22.1.
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The revision of the Administrative Litigation Act is a goal that is long overdue for the effectiveness of administrative litigation and the provision of workable relief against administrative activities. The Supreme Court’s opinion on revising the Administrative Litigation Act, prepared for four years and proposed in 2006, is significant in that it has sought a fundamental change in the administrative litigation system by expanding the subject of appeals litigation. To this end, two solutions have been recommended: one to introduce the concept of “administrative action” in place of the “administrative disposition”; the other to include secondary legislation as the subject of appeals litigation. While this attempt faced much opposition and was excluded in the later bills made by the Ministry of Justice, it remains a starting point for the discussion on the reform of the administrative litigation system.
As a precursor to the discussion, this paper examines the gradual expansion of the scope of administrative disposition witnessed in the Supreme Court’s judgments that began in the 2000s and the current situation concerning the constitutional complaints on subordinate legislation. This paper then focuses on the two solutions discussed above. The nature of the appeals litigation, and the cancellation litigation, in particular, is analyzed to support the arguments. Also analysed are the aspects specific to appeals litigation against secondary legislation. Finally, this paper emphasizes the necessity to develop theories to harmonize the concepts of administrative disposition under the three central Acts: the Administrative Litigation Act, the General Act on Public Administration, and the Administrative Procedure Act.
The Supreme Court should keep and expand its judicial precedent to widen the scope of administrative dispositions. Meanwhile, when the constitutional complaint has taken root as a primary remedy for secondary legislation, the issue of introducing appeals litigation against secondary legislation seems less viable in practice than in theory. Acknowledging this reality, the first step the judiciary has to take is to abandon its reluctance to declare the illegality of secondary legislation.
Also needed is the courts' change of attitude toward the overall interpretation of the Administrative Litigation Act. When the public attention to the revision of the Act is unfortunately lacking, and when it seems less likely to change the administrative system by legislative means, the Supreme Court may need to try and change the system through the change in the interpretation. It might well serve as a driving force for revising the Act in the long run.
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Abrianto, Bagus Oktafian, Xavier Nugraha, Julienna Hartono, and Indah Permatasari Kosuma. "Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020." Arena Hukum 16, no. 3 (December 8, 2023): 532–56. http://dx.doi.org/10.21776/ub.arenahukum.2023.01603.5.
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This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.
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Saidazimov, Yusuf. "THE PECULIARITIES OF THE AMENDMENT AND ABOLITION OF THE ADMINISTRATIVE ACT: PROPOSALS AND CIRCULATIONS." Review of Law Sciences 6, no. 1 (March 15, 2022): 23–29. http://dx.doi.org/10.51788/tsul.rols.2022.6.1./fmqu4145.
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In this article, the concept of the Civil Service Act is analyzed scientifically and as a result of theoretical and practical research, several proposals and interpretations are presented of the law on administrative procedures of the Republic of Uzbekistan. The role and importance of administrative procedures in the field of Public Administration, scientifically based analysis of the definition, self-productivity and importance of administrative acts issued by administrative bodies are presented. At the same time, the application of the administrative act, the role and importance of the administrative act in the administrative law are explained in detail. It has also been analyzed and examined on the basis of scientific research and conclusions of foreign and National Scholars on the specific features, procedures and significance of the amendment and abolition of the administrative act. There are also scientifically based opinions on the amendments and repeals of administrative acts on the basis of complaints and applications of the interested person, the specifics of changes and repeals by other bodies in cases provided by law, and their reflection in the legislation. At the same time, based on the experience of developed foreign countries, proposals and recommendations for our legislation have been developed.
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Brazier, James E. "An Anti–New Dealer Legacy: The Administrative Procedure Act." Journal of Policy History 8, no. 2 (April 1996): 206–26. http://dx.doi.org/10.1017/s0898030600005121.
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The Administrative Procedure Act of 1946 (APA) has been sorely neglected in the history of the relationship of the political actors to the administrative state. There is no full account of the history of the APA, yet there is an increasing need for such a history. There is a growing literature paying renewed attention to the importance of administrative procedures in the politics of the administrative state (McCubbins and Schwartz 1984; McCubbins, Noll, and Weingast 1987, 1989; Moe 1989; Hill and Brazier 1991; Farber 1992; Mashaw 1990; and Bawn 1995). With all this attention being given to the importance of administrative procedure, it is about time to examine the history of the act that established the minimum standards of administrative procedure. The act regulates the procedures for adjudication, access to, disclosure of, and publication of agency information, licensing, rule-making, investigations, tenure of administrative law judges, and judicial review of agency action. Standard accounts of the APA's legislative history such as Galloway's (1946) have conveyed the impression that the APA was a noncontroversial, consensual piece of legislation that provided much-needed reform of federal administrative procedures. The actual history of this act involved a prolonged battle among the bureaucracy, the judiciary, the presidency, the legislature, and interest groups for political advantage in the administrative state that had been created by the New Deal and World War II.
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Trela, Anna. "Milczenie administracji publicznej w świetle ustawy o swobodzie działalności gospodarczej." Przegląd Prawa i Administracji 114 (August 10, 2018): 651–64. http://dx.doi.org/10.19195/0137-1134.114.43.
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SILENCE OF AN ADMINISTRATIVE AUTHORITY IN THE LIGHT OF THE ACT ON ECONOMIC FREEDOMThe study regards a silence inactivity of an administrative authority according to the provisions of the Act of 2 July 2004 on economic freedom. The author is analysing provisions concerning settling the matter for the entrepreneur without an unnecessary delay, a lack of interpretation and not-entering an entrepreneur in the register of regulated activity within the appropriate period of time as prescribed by the mentioned Act. There is a reference to the procedural peculiarities coming out of the Act on the economic freedom with regards to the regulation of the Code of Administrative Procedure, and with reference to the doctrine on the inactivity of an administrative authority and the general concept of “silence of an administrative organ.”
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Kim, Jae-Kwang. "The Critical review on the General Act on Public Administration." Korean Public Land Law Association 104 (November 30, 2023): 253–96. http://dx.doi.org/10.30933/kpllr.2023.104.253.
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Since the GAPA is a fundamental law on administration and has the nature of a general law, it is necessary to hasten the reorganization of the laws in each administrative field from a systematic perspective in order to establish normative status and relationships with other laws. In other words, the purpose pursued by the GAPA cannot be realized only in terms of the GAPA, but can be got through synergy effects with other laws. So as to the GAPA must be improved accordingly in connection with the Administrative Appeals Act, Administrative Litigation Act, and National Compensation Act. The laws in each administrative field need to be reorganized in a way that embodies ‘participation’ and ‘cooperation’ as a paradigm shift in administrative law.
In order to realize the rule of law on administration, specifying administrative law which serves as the standard for the exercise of public power is needed and important. Specifying administrative law is also necessary to ensure efficiency, adequacy, and predictability of public administration. This GAPA is not an administrative code, but a ‘fundamental law’ on administrative laws, and is the result of legislating only those matters on which consensus could be reached from existing administrative laws, administrative precedents, and theories among the basic norms related to administration.
In the sense that the GAPA must be ‘Korean yet universal,’ the enactment of the GAPA represents the starting point of a long journey toward the ‘Administrative Code.’ Therefore, various legislative theories actively raised in the field of administrative law must be carefully reviewed on the spirit above.
This study reviewed the main contents of the “Geneal Act on Public Administration” (hereafter GAPA) in terms of legislative theory following: specifying general principles of administrative law (Articles 8 to 13 of the Act), subordinate clauses of administrative disposions(Article 17), revocation of illegal or unjust dispositions and withdrawal of legitimate dispositions(Articles 18 and 19), automatic dispositions(Articles 20), limitation period for sanctions (Article 23), standards for deemed authorization or permission(Articles 24 to 26 ), general provisions on contracts under public law(Article 27), regulations on the effectiveness of reports requiring acceptance(Article 34), general institutionalization of objections to dispositions(Article 36), re-examination of dispositions(Article 37).
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Horváth, Edit. "Renascence of the administrative jurisdiction in Hungary." Bratislava Law Review 3, no. 1 (June 30, 2019): 92–102. http://dx.doi.org/10.46282/blr.2019.3.1.131.
Full textAbstract:
The administrative jurisdiction is one of the guarantees of the civil legal security. However, a state has to „grow up” to this as to every legal guaranties. Administrative jurisdiction, and within it the creation of an independent administrative procedural order has been cause for much excitement in the law-making community basically from the early 1990 s, when control over administrative rulings became genuinely possible again. It was thus unsurprising that the codification of the Act on the procedural code of public administration was followed with interest, and the professional and scientific community gave regular updates on the status of the codification. Therefore, the fact that the president did not sign the Act passed by the National Assembly, but sent it to the Constitutional Court for evaluation instead caused a major stir. Based on the decision 1/2017. (I. 17.) of the Constitutional Court, the National Assembly eventually modified a number of provisions in the Act on the administrative procedural code and passed the Act again, which was then promulgated on March 1, 2017 as Act I/2017 on the administrative procedural code, and became effective, as per initial plans, on January 1, 2018. The article is not an ode to the Hungarian administrative jurisdiction or to the new independent administrative procedural code, but a historical and mainly legal analysis.
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Zherebtsov, A. N., and N. V. Pavlov. "The issues of the nature and law-enforcement value of administrative practices." Lex Russica, no. 3 (April 5, 2019): 34–44. http://dx.doi.org/10.17803/1729-5920.2019.148.3.034-044.
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The present study elucidates approaches developed in the juridical science and defining legal practice as a socially significant legal activity of the participants. The authors propose their own social-philosophical and legal justification of legal (administrative) practice as a means of transforming reality. To this end, legal practice is acting as a necessary social, organizational and legal means of improving human activity in the implementation of state and municipal administration. The authors propose a social and philosophical understanding of administrative (state-administrative) practice as the result of state-administrative activities arising in the development of administrative relations and entailing the achievement of socially useful goals of state (municipal) administration in the form of an administrative legal act or repeated organizational act of the body and (or) public administration official (usages of administrative practices). In the course of the research the authors give their own understanding of forms of objectification of administrative practice when state and municipal administration is being carried out. Such forms include empirical non-normative legal act and the usage of administrative practice. The result of the study of the nature and forms of objectification of administrative practice involves the definition of its importance for law enforcement practice, which is mandatory practice for the participants of State and municipal administration when they implement internal State and municipal administration. A mandatory nature of empirical administrative legal acts for administered entities within the framework of external state and municipal administration is mediated insofar as they become participants of administrative legal relations within the framework of which the provisions of these acts are implemented. In other cases, these acts are not mandatory for the administered entities. In addition, an administered entity is not deprived of the right to act in compliance with the provisions of the law or a bylaw rather than in compliance with the provisions of a nonnormative administrative legal act that formally is not a normative legal act, but in fact it of regulatory nature. The study defines the meaning of the usages of administrative activities as one of the forms of objectification of administrative practices.
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Goller, Bernd. "Reform of the German Administrative Courts Act." European Public Law 4, Issue 1 (March 1, 1998): 31–44. http://dx.doi.org/10.54648/euro1998004.
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