Academic literature on the topic 'Complaints (administrative procedures)'
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Journal articles on the topic "Complaints (administrative procedures)"
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Kovač, Polona, and Žiga Kotnik. "Performance of Authorities in Administrative Procedures." Hrvatska i komparativna javna uprava 18, no. 4 (December 31, 2018): 531–55. http://dx.doi.org/10.31297/hkju.18.4.2.
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This article deals with performance of administrative units as one of the key goals of contemporary public administration reform. Administrative units conduct administrative procedures as their core activity, thus ensuring the protection of the public interest and of individual parties’ rights. The purpose of this article is to determine the efficiency of administrative units in terms of resources and sectoral areas by using selected indicators from administrative statistics, such as the number of applications submitted and decisions issued, the timeframe of decision-making, the share and success of complaints filed, and the like. The administrative statistics used in this article incorporate 58 general administrative units in Slovenia in the period 2004–2015 and provide a case study that may also be relevant for the Eastern European region. Several social research methods are used: a literature review and a normative analysis as a framework for statistical research, as well as the axiological-deontological method to evaluate the situation and suggest improvements. The analysis of time series and correlations of selected indicators from administrative statistics reveal mixed trends over time, including a negative correlation between the number of officials and efficiency. In general, the question is whether the system currently in use to measure efficiency generates the most reliable outcomes. Therefore, the authors call for a redefinition of monitoring and of the indicators of administrative statistics in the European Union in order to enhance good public governance principles, particularly in developing democracies.
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Semenchuk, Vasilii V. "The Procedure of the Court Appealing the Actions of Officials Carrying out Operative-Investigative Activity: Regulation Problems and Perspectives of Improvement of Legal Procedure." Juridical Science and Practice 16, no. 1 (2020): 84–92. http://dx.doi.org/10.25205/2542-0410-2020-16-1-84-92.
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The article deals with the issues of legal regulation and the actual implementation of the procedures for appealing against the actions of officials carrying out operative-investigative activity. It is noted that there is uncertainty in the choice of the type of legal proceedings (criminal or administrative) also as a level of the court for such complaints (court of the subject of the Russian Federation or district court). Another problem is related to the actual assignment responsibility for the plaintiffs to substantiate complaints about covert operative-investigative measures which, as a rule, leads to a refusal to consider them. The authors are invited to introduce a universal appeal procedure in the framework of administrative proceedings. The secret nature of the operative-investigative activity does not allow the plaintiff to fully substantiate the essence of his claims, so this task may be performed by the court. In order to preserve information constituting a state secret, it is necessary to introduce a closed procedure for dealing with such complaints.
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Wulandari, Yuni, Denny Hernawan, and Irma Purnamasari. "SISTEM PENGELOLAAN PENGADUAN DALAM MENINGKATKAN KEPUASAN PELANGGAN PADA PDAM TIRTA KAHURIPAN KABUPATEN BOGOR." JURNAL GOVERNANSI 2, no. 2 (March 18, 2017): 125. http://dx.doi.org/10.30997/jgs.v2i2.223.
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Regional Water Company (PDAM) is a company that is managed by the Local Government to operate as a body of community service that is selling services and trust in society. PDAM has to must still understand the behavior and wishes of the customers in the utilization of services of drinking water and the discretion of the company in the form term of service standards set, so as to provide a good service that causes customers to be satisfied. One of the PDAM in Indonesia is PDAM Tirta Kahuripan located in Bogor. PDAM Tirta Kahuripan is often get complaints from their customers. Of the Many customers who complained about the poor service system so far is are leaky pipe impact on the high notes of erroneous meter, water quality is still dirty muddy, and sluggish handling of a complaint. The aim of research is to find out a complaint management system in order to improve customer satisfaction at PDAM Tirta Kahuripan. The theory used to analyze a system of customer complaints is the referring to the Minister of Administrative Reform and Bureaucratic Reform No. 3 Year of 2015 on the Road Map Development Complaints Public Service Nationwide with 3 sizes of complaint management : outcomes, targets, and programs. While, improving customer satisfaction using Fandi Tjiptono and Gregory Cahndra theory (2006: 130) with four dimensions to measure customer satisfaction : the system of complaints and suggestions, Customer satisfaction Survey, Ghost Shopping (Shadow Customer), and Customer Switching Analysis. Research methods used in this research is descriptive quantitative method using questionnaires / questionnaire and interviews as the main instrument to collect data. The results showed that the management of customer complaints in accordance with to existing procedures with the acquisition of a score of is 3.32 according to the with category of interpretation of the category is as quite good enough (moderate). Meanwhile, the results of data analysis by increasing customer satisfaction PDAM Tirta Kahuripan obtained a score of is 2.83 in the category with category of interpretation as good enough (moderate). Nevertheless, But there is a needs to be have a system or application that can be accessed in to the customer complaints and the organizers therefore PDAM can respond and follow complaint subsequently. Keywords : Complaint Management System , Customer Satisfaction
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Dniprov, Oleksii. "MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS." Scientific Notes Series Law 1, no. 9 (2020): 69–74. http://dx.doi.org/10.36550/2522-9230-2020-1-9-69-74.
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The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.
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Reva, Vladyslav. "Legal basis for appealing decisions, actions or inaction of customs authorities." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 96–103. http://dx.doi.org/10.34079/2226-3047-2020-10-19-96-103.
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This scientific article, based on the analysis of international law, states that one of the main provisions in this area should be the principle according to which citizens' appeals against decisions of administrative bodies are grounds for suspending the implementation of this decision. If national law does not provide for this, citizens should be given the opportunity to apply to administrative or judicial authorities to suspend the execution of the contested decision in order to secure their rights and interests. It is proved that the possibility of appealing to customs authorities with complaints about illegal decisions, actions or inaction of their bodies and officials is an important means of protecting the rights of individuals and legal entities in the customs sphere. At the same time, work with complaints strengthens control over the activities of customs authorities, restores public confidence in customs authorities, and also helps to identify shortcomings in the work of customs authorities of organizational or regulatory nature. It is emphasized that the Customs Code of Ukraine provides for two procedures for appeal, namely: appeal against decisions, actions or omissions of customs authorities, their officials and other employees to officials and higher authorities (pre-trial procedure); appeal against decisions, actions or omissions of customs authorities or their officials in court (court procedure). The author reveals the content of this issue in more detail. It is argued that appealing against the actions and decisions of public administration bodies in court is not an easy way. This form of administration of justice requires qualified legal assistance, especially in the preparation of documents. The need to regulate the procedure of administrative appeal in more detail at the legislative level is argued, which is a necessary condition given the need to eliminate the manifestations of subjectivity in the consideration and resolution of complaints, ambiguous application of substantive law. It is also justified to combine the procedure for appealing against decisions, actions or omissions of customs authorities in one normative act.
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Chakim, M. Lutfi. "A Comparative Perspective on Constitutional Complaint: Discussing Models, Procedures, and Decisions." Constitutional Review 5, no. 1 (May 31, 2019): 096. http://dx.doi.org/10.31078/consrev514.
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The constitutional complaint is one of the important constitutional court jurisdictions that can be described as a complaint or lawsuit filed by any person who deems his or her rights has been violating by act or omission of public authority. Currently, the constitutional court in many countries have adopted a constitutional complaint system in a variety of models. However, the first application of the constitutional complaint jurisdiction came from Europe. In Austria, the constitutional complaint is allowed against the administrative actions but not against the court decisions. While Germany and Spain have a similar model that is a complaint against an act of the public authority including court decisions. In Asia, it is imperative that the court in Asia actively participate in the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The AACC members have adopted a system of constitutional adjudication in a variety of models, and when it comes to jurisdictions, out of sixteen AACC members, there are four countries (Azerbaijan, South Korea, Thailand, and Turkey) have the constitutional complaint in their jurisdictions. In Azerbaijan, constitutional complaint is comparatively broad. Azerbaijan’s Constitutional Court can handle constitutional complaint against the normative legal act of the legislative and executive, an act of a municipality and the decisions of courts. In contrast, even though constitutional complaint in South Korea and Thailand can be against the exercise and non-exercise of state power, constitutional complaint cannot be filed against court decisions. In Turkey, the constitutional complaint mechanism is coupled with the regional system of human rights protection. The Turkish Constitutional Court handles complaints from individuals concerning violations of human rights and freedoms falling under the joint protection of the Turkish Constitution and the European Convention on Human Rights (ECHR). This paper argues that constitutional complaint represents the main part of the constitutional court, and through a comparative perspective among three countries in Europe and four AACC members are expected to provide lessons for the other AACC members that do not have a constitutional complaint mechanism, such as Indonesia.
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Frank, Arthur, Howard A. Hoffman, and Edward H. Stolar. "The Medical Society’s Role in Assessing Physician’s Performance: An Analysis of Six Years of Grievances Considered by an Urban Medical Society." Journal of Medical Regulation 92, no. 4 (December 1, 2006): 9–15. http://dx.doi.org/10.30770/2572-1852-92.4.9.
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ABSTRACT Context Although they have no legal authority, medical organizations are frequently asked to assess physician conduct. These organizations have established a variety of procedures to review grievances brought for their consideration. Objective This analysis was conducted to assess the nature and the disposition of the complaints considered by the Professional Standards Committee (Committee) of an urban medical society. Design All cases considered by the Committee (193 complaints) during a six-year period were arbitrarily sorted into categories and the nature of how the case was resolved was tabulated. Results Of all the cases considered 108 (56 percent) were categorized as related to quality of care and physician/staff behavior issues. Of these, 39 (20 percent) dealt with the characteristics of the care provided, 28 (15 percent) with physician and staff behavior, 23 (12 percent) with physician and staff communications and 18 (nine percent) with ethical issues. An additional 85 cases (44 percent) were related to administrative issues and office procedures. Of these, 50 (26 percent) were related to billing, fees and charges, 23 (12 percent) concerned medical records, 10 (five percent) dealt with office practices and procedures and two (one percent) were related to worker’s compensation. Of 141 cases in which a judgment could be made, 48.2 percent were decided in the complainant’s favor and corrective recommendations were made. The grievance appeared to be inappropriate in 51.8 percent of the cases and the reason for this decision was explained to the complainant. In the remaining 22 percent of the cases irreconcilable descriptions of the circumstances made it impossible for the Committee to make a decision or recommendation about the grievance. Conclusion The mechanism of review by the Professional Standards Committee of a medical society does appear to offer a procedure by which there can be some resolution of these complaints. In cases in which a judgment could be made the complaint was decided in favor of the complainant as frequently as in favor of the physician.
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Wahongan, Stefanly, Tinneke M. Tumbel, and Olivia F. C. Walangitan. "Analisis Kepuasaan Konsumen Pada Produk Mobil Di PT. Hasjrat Abadi Cabang Manado (Dealer Toyota)." JURNAL ADMINISTRASI BISNIS 8, no. 1 (March 25, 2019): 79. http://dx.doi.org/10.35797/jab.8.1.2019.23503.79-86.
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The purpose of this study was to determine customer satisfaction in the products of PT. Hasjrat Abadi branch Manado. This study uses interview data collection techniques and observations with qualitative descriptive data analysis techniques. The focus of this study is customer satisfaction with the services of PT. Hasjrat Abadi branch of Manado measured from several aspects: 1) Consumer satisfaction in the process of car purchase administration, 2) Consumer satisfaction with the quality of products purchased, 3) Consumer satisfaction with response from officers regarding Consumer complaints regarding car disturbances or technical problems, 4) Customer satisfaction with handling problems or technical problems of the car. Results of the study indicate that administrative procedures at the time of product purchase are still lacking. Likewise with customer satisfaction with the quality of the vehicle during use. Many complained that some items from the car products purchased were still lacking. Or not according to what was promoted. Furthermore, some customers say that the company is less alert and responsive to complaints submitted by customers on technical matters of The the products purchased. The latter is also carried out that repair services for damage experienced in purchased car products are still not satisfactory. In the sense that the improvements carried out have not been maximized.
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Calvo Aguilar, Omar, Marta Torres Falcón, and Rosario Valdez Santiago. "Obstetric violence criminalised in Mexico: a comparative analysis of hospital complaints filed with the Medical Arbitration Commission." BMJ Sexual & Reproductive Health 46, no. 1 (November 5, 2019): 38–45. http://dx.doi.org/10.1136/bmjsrh-2018-200224.
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IntroductionDisrespect and abuse during childbirth have been reported by numerous countries around the world. One of their principal manifestations is the performance of invasive or surgical procedures without the informed consent of women. Non-dignified treatment is the second most common form of this conduct. Five Mexican states have classified obstetric violence as a crime: Aguascalientes, Chiapas, Guerrero, the State of Mexico and Veracruz. The others have not yet done so although it is provided for in their civil and administrative regulations.ObjectiveTo analyse whether criminalising obstetric violence has been conducive to the recognition and observance of the reproductive rights of women, based on the records of poor health care complaints filed by women with the Medical Arbitration Commissions (CAMs by their Spanish initials) in two Mexican states.Materials and methodsWe conducted an observational qualitative study using a phenomenological approach. Analysis included two states with similar partner demographic and maternal health indicators but different legal classifications of obstetric violence: the Chiapas has criminalized this form of violence while Oaxaca has not. We reviewed the records of obstetric care complaints filed with CAMs in both states from 2011 to 2015, all of them concluded and including full information.ResultsDifferences were observed regarding the contents of complaints, specifically in the categories of abuse, discrimination and neglect during childbirth. The narratives in the other complaint categories were similar between states.ConclusionAfter analysing the records of malpractice complaints in Chiapas and Oaxaca, we conclude that the differentiated legal status of obstetric violence has not influenced recognition or observance of the reproductive rights of women. Criminalising obstetric violence has not improved care provided by health personnel.
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Wrubel, David M., Kelsie J. Riemenschneider, Corinne Braender, Brandon A. Miller, Daniel A. Hirsh, Andrew Reisner, William Boydston, Barunashish Brahma, and Joshua J. Chern. "Return to system within 30 days of pediatric neurosurgery." Journal of Neurosurgery: Pediatrics 13, no. 2 (February 2014): 216–21. http://dx.doi.org/10.3171/2013.10.peds13248.
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Object Quality assessment measures have not been well developed for pediatric neurosurgical patients. This report documents the authors' experience in extracting information from an administrative database to establish the rate of return to system within 30 days of pediatric neurosurgical procedures. Methods Demographic, socioeconomic, and clinical characteristics were prospectively collected in administrative, business, and operating room databases. The primary end point was an unexpected return to the hospital system within 30 days from the date of a pediatric neurosurgical procedure. Statistical methods were used to identify clinical and demographic factors associated with the primary end point. Results There were 1358 pediatric neurosurgical procedures performed in the Children's Healthcare of Atlanta operating rooms in 2012, with 37.4% of these surgeries being preceded by admissions through the emergency department. Medicare or Medicaid was the payor for 54.9% of surgeries, and 37.6% of surgeries were shunt related. There were 148 unexpected returns to the system within 30 days after surgery, and in 109 of these cases, the patient had a presenting complaint that was attributable to the index surgery (related returns). The most common complaints were headache, nausea, vomiting, or seizure after shunt revision or cranial procedures (n = 62). The next most common reason for re-presentation was for wound concerns (n = 30). Thirty-seven of the 109 related returns resulted in a reoperation. The monthly rate of related returns was 8.1% ± 2.5% over the 12-month study period. When using related returns as the dependent variable, the authors found that patients who underwent a shunt-related surgery were both more likely to unexpectedly return to the system (OR 1.86, p = 0.008) and to require surgery upon readmission (OR 3.28, p = 0.004). Because an extended hospitalization shortened the window of time for readmission after surgery, extended length of stay was protective against return to system within 30 days of surgery. Importantly, if related and unrelated returns were analyzed together as the dependent variable (n = 148), no independent clinical and demographic risk factor could be identified. Conclusions Quality assessment measures need to be clearly and carefully defined, as the definition itself will impact the analytical results. Clinicians must play a leading role in the development of these measures to ensure their clinical meaningfulness.
Dissertations / Theses on the topic "Complaints (administrative procedures)"
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Hsieh, Yahui Sophie Public Health & Community Medicine Faculty of Medicine UNSW. "Rethinking quality of care in the context of patient complaints: the response of a hospital organisation to complaints in Taiwan." Awarded by:University of New South Wales. School of Public Health and Community Medicine, 2005. http://handle.unsw.edu.au/1959.4/28209.
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The study explores the management of patient complaints at a private hospital in Taiwan (i.e. the Case Hospital). The case study aims to identify factors which influence the response of the hospital to patient complaints and whether it incorporates information derived from patient complaints in its quality improvement efforts. The study was conducted in two stages. The first stage was a cross-institutional comparison of quality management systems between a hospital in Britain and a hospital in Taiwan. The study explored how these hospitals managed patient complaints and whether they took such feedback into account in reviewing priority of services. The second stage included a detailed case study of the hospital in Taiwan (the Case Hospital), exploring the hospital???s responses to patient complaints, along with the factors which may have influenced these responses. The study was designed to triangulate data through the use of a multi-method approach to derive converging or diverging empirical evidence from a variety of data sources. Data were obtained through interviews with hospital senior managers, a senior social worker, government officials, and managers of non-government organisations. A questionnaire survey was administered to managers, and the Critical Incident Technique (CIT), along with observation, was applied, as well as analysis of documents. Principally, this study adopts the techniques of thematic analysis (Lincoln and Guba, 1985a) with an interpretivist approach to analyse the empirical data. The results of the study indicate that although the Case Hospital appeared to be concerned about patients??? complaints, it did not respond in a systematic way to the messages received. Hospital managers appeared to merely attempt to pacify complainants while ignoring the underlying causes of their complaints. It was evident that there were no protocols in place as to how staff should handle complaints, and as a result, the hospital was failing to use the information about systemic problems provided by patient complaints to make any sustainable quality improvement. In other words, whilst the Case Hospital was attempting to resolve patient complaints on a case-by-case basis (doing things right for the patient, or in the terms of Argyris (1990), using ???single-loop??? learning), it was not reviewing or acting on these complaints as a collective group to identify systemic problems and deficiencies (doing right things, i.e. ???double-loop??? learning). The study found that the organisational response to complaints was influenced by features of the complaints and institutional attributes. Features of complaints affected the response pathways to complaints, such as patients??? status, the severity of complaints, and the nature of complaints. In terms of systemic features, the organisational response to complaints was influenced by the interaction between managerial factors (e.g. organisational structure and organisational culture), operational factors (e.g. documentation and communication), and technical factors (e.g. complaints handling techniques and information systems). The values of the top hospital management have been recognised as a powerful influence on these factors. Generally, results show that although the Case Hospital tends to take action to address individual complainants, there was no evidence of sustainable quality improvement within the organisation as a result of complaints data. The study recommends that if the hospital intends to use patient complaints to improve quality of clinical care, a ???double-loop??? learning strategy should be adopted within the organisation. This study also argues that governments need to take more responsibility and demand more accountability from hospitals, in terms of complaints handling. The individual hospital would thus be able to respond to patient complaints in a systemic way. Hospitals need to be more accountable when using patient complaints to drive quality improvement in the future.
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Gulland, Jacqueline. "Complaining, appealing or just getting it sorted out : complaints procedures for community care service users." Thesis, University of Edinburgh, 2007. http://hdl.handle.net/1842/1743.
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The primary aim of this thesis is to consider whether the social work complaints procedure in Scotland is an appropriate means of dealing with dissatisfaction experienced by users of community care services. Debate in the socio-legal literature has focused on different models of justice in grievance and appeal mechanisms for users of public services. Set in the context of this wider debate, this study looks at the operation of the social work complaints procedure in Scotland, focusing on the experiences of complainants in two local authorities. Setting the research in context, the thesis looks at recent policy developments in community care in Scotland, at recent changes to the health complaints procedure and at proposals to change the social work complaints procedure in Scotland, England and Wales. The main source of data is interviews with people who had made complaints in the two local authorities. As well as looking at complainants’ views, the study also considers the views of people responsible for running the complaints procedure in both local authorities. Focus groups with community care service users were used to explore the views of those who may not have used the complaints procedure. A key concern is whether it is possible to distinguish different types of complaints: those which are primarily ‘appeals’ against refusal of services; and those which are about the way that people are treated. Using the experiences of people who had made complaints in both local authorities and a database of all complaints to one local authority, it is shown that it is not easy to make this distinction although some complaints fall more clearly into one category or the other. The classification of complaints relates closely to what people want from a complaints procedure. The purpose of a grievance procedure can be considered in terms of ‘models of justice’. The motivations of complainants and the views of those who operate the procedure are considered in the context of literature on models of justice. The thesis looks at how the complaints procedure operates in each of the two local authorities and considers the relative value of ‘informal’ and ‘formal’ processes. It goes on to look at what happens when people make formal complaints, whether complaints are resolved and what people think about this. Barriers to complaining are also considered. Finally the thesis looks at complaints which reach the end of the complaints procedure - the complaints review committee - and those which reach the Scottish Public Services Ombudsman. The thesis concludes that there is considerable ambiguity as to the purpose of the community care complaints procedure. Some complainants use the procedure as an ‘appeal’ against decisions made by the local authority, while others just want to get their problems ‘sorted out’. Some complainants are, at least in part, attempting to get the local authority to improve services for others. The emphasis of local authority staff in this study is primarily on ensuring that complainants have an opportunity to have their ‘voice’ heard. The word ‘complaining’ itself carries connotations which some service users see as negative, although others are more assertive in their use of the word. In procedural terms there is much that can go wrong between the initial ‘informal’ complaint and the more independent level of the procedure: the complaints review committee. There are considerable problems in defining ‘complaints’ and ensuring that they are handled within the guidelines. This means that it is difficult for justice to be seen to be done.
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Ma, Man Su-lan Paula. "A study of the ICAC's role in handling non-corruption complaints." Click to view the E-thesis via HKUTO, 1988. http://sunzi.lib.hku.hk/hkuto/record/B31975537.
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Ma, Man Su-lan Paula, and 馬聞素蘭. "A study of the ICAC's role in handling non-corruption complaints." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B31975537.
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Ho, Chi-hang. "Corruption and its complainants : reasons for complaining to the ICAC - a theoretical model /." [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13302735.
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Fang, Qiang. "A hot potato the Chinese complaint systems from early times to the present /." online access from Digital Dissertation Consortium, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3213651.
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Ho, Chi-hang, and 何志恆. "Corruption and its complainants: reasons for complaining to the ICAC - a theoretical model." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31976979.
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Irmscher, Tobias H. "Die Behandlung privater Beschwerden über systematische und grobe Menschenrechtsverletzungen in der UN-Menschenrechtskommission : das 1503-Verfahren nach seiner Reform /." Frankfurt am Main [u.a.] : Lang, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/350701741.pdf.
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Kessentini, Adlene. "L'égalité des parties dans le contentieux fiscal ?" Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020064.
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Le contentieux fiscal souffre de plusieurs lacunes qui remettent en cause l’importance de son rôle dans la société civile en tant que mécanisme de régulation de la tension pouvant naître entre l’État et les individus à l’occasion de l’opération d’imposition. La plupart de ces faiblesses peuvent être expliquées par l’existence de règles conçues pour favoriser l’administration au détriment du contribuable dans le cadre de l’affrontement entre ces deux protagonistes au sujet de la légalité des impositions. Cet état des lieux est incontestable, bien que la situation entre ces deux protagonistes ait évolué au fil des réformes et surtout depuis le passage au modèle étatique dénommé « État post-moderne » qui se caractérise par la revalorisation de l’individu et l’atténuation de l’idée de l’imperium étatique dans toutes les branches du droit y compris leurs « tranches » contentieuses. En effet, la procédure contentieuse qui doit être suivie par les parties, tant dans le cadre de la réclamation préalable que dans la phase juridictionnelle, contient plusieurs règles qui placent le titulaire de la puissance publique dans une position avantageuse au détriment du contribuable. De même, les règles qui s’appliquent dans le cadre du débat sur le fond du litige fiscal contiennent des mécanismes et techniques qui permettent à l’administration de faire triompher efficacement des prétentions tendant à obtenir le maintien des impositions sur celles du contribuable, qui elles visent davantage à la décharge ou la réduction des impositions. Cette situation caractéristique d’une inégalité des parties dans le contentieux fiscal mérite d’évoluer pour se mettre au diapason avec la culture issue de la nouvelle gouvernance fiscale émergeant depuis le début du XXIème siècle qui métamorphose la relation fondamentalement objective entre l’administration et le contribuable. Une telle évolution s’accommoderait également avec l’émergence d’un standard de règles inhérent à tout procès allant à l’encontre de tout favoritisme d’une partie au détriment de l’autre sous l’influence du droit processuel et des règles supra-législativesTax litigation suffers from several drawbacks which questions about the importance of its role in civil society as a mechanism for regulating the tension that may arise between the State and individuals during the procedure of taxation. Most of these flaws can be explained by the existence of rules designed to favor the Administration over the taxpayer as a part of this confrontation which concern the legality of the taxes. Despite this indisputable verdict, the relationship between these two protagonists has been evolved throughout several reforms and, significantly, since the transition to the state model called “post-modern state”. This model is characterized by the revaluation of the individual and the attenuation of the idea of “state imperium” in all branches of law including their litigious proceeding. Indeed, the litigation procedure which has to be followed by the applicant, both in the context of the previous complaint and in the jurisdictional phase, contains several rules which place the administration in an advantageous position to over the taxpayer. Similarly, the rules relating to the substance of the dispute that apply in the context of the debate contain mechanisms and techniques that allow the Administration to effectively defeat claims to maintain the taxation of the taxpayer, which rather aim at the discharge or the reduction of taxes.This situation highlights an inequality of the parties throughout the tax dispute. Therefore, an evolution is desirable in the aim to be in line with the new culture which results from the new fiscal governance emerging since the beginning of the 21st century and which metamorphoses the fundamentally objective relationship between the Administration and the taxpayer. Such a development would also be compatible with the emergence of a standard of rules inherent to any process that runs against any favoritism of one party over the other, under the influence of procedural law and the super legislative rules
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Shih, Sheng-Chang, and 石勝漳. "Study on rights of complaint regulated by local government–regarding administrative procedure law and related operation regulations of county/city government." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/68530122651371765037.
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碩士雲林科技大學
科技法律研究所
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The purpose of this thesis is to study the administrative procedure law, as well as county and municipal laws and regulations relating to operations under the people’s petition for the planning of the right to regulate matters. The thesis will also examine purposed improvements to the existing system. The first chapter states the main motive, purpose, methods, and range of this study. In the second chapter, the writer introduces the origins and content of the public complaints and aims at the comparative analysis between public complaint and other administrative relief such as petition, appeal, and administrative litigation The third chapter contains the main analysis of existing national treatment for people’s petition ,including the promulgation of Taiwan’s Administrative Procedure Law standards prior to the petition, post promulgation case analysis will then be examined. The fourth chapter focuses on the procedure standard of the local and central governments . A comparative analysis and discussion of a variety of methods as well as practical examples will be examined.. The fifth chapter introduces the systems of public complaints for various countries including Japan, Hong Kong, Korea, Australia，New Zealand ，and Singapore . A comparison of their public complaints with our current situation will be analyzed. Shallow proposals for improvement will be put forth. The conclusion in the sixth chapter will explore the difficulties of the people’s public complaint cases dealt by Taiwan’s current government and offers the writer’s humble suggestion.
Books on the topic "Complaints (administrative procedures)"
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Universitas Katolik Parahyangan. Fakultas Hukum. Prosedur penyampaian keluhan publik: Laporan akhir. Jakarta, Indonesia: Komisi Hukum Nasional, 2003.
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Commission, Ontario Human Rights. Guidelines for internal human rights complaint resolution procedures. [Toronto?]: The Commission, 1991.
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Great Britain. Social Services Inspectorate. The inspection of the complaints procedures in local authority social services departments. London: H.M.S.O., 1993.
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Council, Connecticut Judicial Review. Information handbook: Procedures for filing complaints against judges, workers' compensation commissioners, family support magistrates. Hartford, CT (505 Hudson St., P.O. Box 260099, Hartford 06126-0099): The Council, 1995.
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New Mexico. Attorney General's Office. A compliance guide for New Mexico public officials and citizens: Guide to administrative discipline and professional licensure. Santa Fe, N.M: Office of the Attorney General, State of New Mexico, 2003.
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Commission, United States Equal Employment Opportunity. EEOC procedures for conducting hearings on federal sector complaints of discrimination. [Washington, D.C: Equal Employment Opportunity Commission, 1991.
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Laemers, Miek. Morren in de marge van de rechtspraak: Klagen over rechters, gerechtsambtenaren en de rechterlijke organisatie. [Deventer]: Kluwer, 2011.
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Sánchez, Rigoberto Armando Ramos. El reclamo administrativo. Tegucigalpa: Universidad Nacional Autónoma de Honduras, Editorial Universitaria, 2000.
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Complaint Administration System (CAS). [Washington, D.C.?]: U.S. Dept. of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs, 1986.
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Office, General Accounting. Information on EEO discrimination complaints. Washington, D.C: The Office, 1992.
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Grosseck, Gabriela, Laura Maliţa, and Mădălin Bunoiu. "Higher Education Institutions Towards Digital Transformation—The WUT Case." In European Higher Education Area: Challenges for a New Decade, 565–81. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-56316-5_35.
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Abstract New emerging digital technologies such as artificial intelligence, virtual reality, augmented reality, cloud computing, blockchain, robotization, the Internet of Things, big data, etc. have produced a powerful disruptive effect in almost all areas of our existence and have radically changed the way we live, work, learn or relax. Without consciously realizing it, everyone is adapting to the digital era. As nothing “escapes” the all-encompassing digital transformation, higher education follows track too. So, it is natural to ask ourselves: what are the higher education institutions doing to keep up with this rapidly evolving digital world? In this paper, we present the case of West University of Timişoara as an example of good practice in dealing with the effects of digital transformation on the university and its academic community (teachers, students, administrative staff). Our goal is to gain an understanding of what is being proposed through the institutional development strategy, and what is actually happening in our university from the digitalization perspective. Thus, we conduct an exploratory research using a quantitative approach that involves a survey applied to students enrolled in different study programs, at different levels. We focus on their opinion about how our university can prepare and transform in order to adopt an integrated digital approach, looking into topics like: technology-enabled services, digital enrollment of students, digitization of the administrative processes, implementation of digital procedures to offer recommendations or file complains, digital curricula, new modes of digital learning delivery, etc. Our findings reveal that West University of Timişoara must take significant steps towards the implementation of digital transformations, while, however, remaining watchful and cautious of the hidden implications of this process.
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"PRIVATE ENFORCEMENT OF EU ENVIRONMENTAL LAW AT EU INSTITUTIONAL LEVEL (2): ADMINISTRATIVE COMPLAINTS PROCEDURES AND OTHER POSSIBILITIES." In Enforcement of European Union Environmental Law, 443–78. Routledge-Cavendish, 2007. http://dx.doi.org/10.4324/9780203945476-21.
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Anthony, Dawes, and Rousseva Ekaterina. "Part III Outcomes of an Investigation, 10 Handling and Rejecting Complaints." In EU Antitrust Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198839866.003.0010.
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This chapter explores the grounds for, and the process of, rejecting complaints, and outlines complainants’ rights. Complaints are crucial for effective antitrust enforcement. They are a tool to trigger cases and help the European Commission to focus on markets and practices that matter to EU citizens. The Commission therefore encourages the submission of complaints. At the same time, the Commission, as any administrative body, has limited resources. To this effect, the EU Courts have on many occasions acknowledged the Commission’s discretion to give differing degrees of priority to the examination of complaints and to choose the criteria for rejecting complaints. The EU competition rules take into account the fact that complaints are better dealt with by the competition authority which is closer to the facts. Moreover, once an allegedly anticompetitive practice is being reviewed or has been already reviewed by a competition authority, Article 13 of Regulation 1/2003 provides that other competition authorities can rely on this review to reject the same allegations if brought to their attention. The approach to complaints also takes into account that Articles 101 and 102 TFEU are directly applicable and that persons affected by allegedly anticompetitive practices may seek redress before national courts.
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Costea, Ioana Maria. "Protection of Taxpayers’ Rights in the Romanian Legislation." In European Financial Law in Times of Crisis of the European Union, 109–18. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.10.
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Our study will analyse, in national and European context, the normative and administrative dimensions of the taxpayers’ rights. Romanian legislation is generous in granting administrative rights to the taxpayer, especially in administrative procedures, such as communication with the administrative authority or tax control. The study will identify the legal regime of these rights and the legal consequences deriving from a possible breach. Romanian legislation also ensures a number of judicial rights, in accordance with the European Convention of Human Rights and the European Charter of Fundamental Rights. The judicial rights are at the centre of the study, especially in the cases when the procedure is mixed with criminal elements. However, a significant number of particularities of the tax procedure mutate the content of these rights, such as the object of the complaint, the access to a judge through a mandatory preliminary procedure. In this sense, taxpayers’ rights have a different dynamic than the rights granted in common civil or criminal procedures. Through these lenses, our study will generate an inventory of rights underlining their enforcement regime and their particularities as to the common regulation.
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Storr, Stefan. "Administrative Procedure and Judicial Review in Austria." In Judicial Review of Administration in Europe, 37–40. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0003.
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This chapter discusses administrative procedure and judicial review in Austria. In Austria, there exists a principle of the 'exclusivity of legal sources'. Legal protection is only possible against certain administrative legal sources. In general, Article 130 B-VG pronounces judgments on complaints by the administrative courts against rulings by administrative authorities for unlawful acts; against the exercise of direct administrative power and compulsion to carry out unlawful acts; and on the grounds of breach of the duty to reach a decision by an administrative authority. In principle, the administrative court has to examine the case comprehensively; in general, there is no exclusion for specific administrative matters. It is of fundamental significance for the Austrian administrative judicial system that an administrative court of first instance generally decides on the merits of the case. Only in very exceptional cases does it set aside the contested act by the authority and refer the case back to it.
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Barber, Judson, and Jacinta Cooper. "Cutaneous." In The Pediatric Procedural Sedation Handbook, edited by Cheryl K. Gooden, Lia H. Lowrie, and Benjamin F. Jackson, 285–89. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190659110.003.0045.
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Lacerations, abscesses, and burns are common presenting complaints evaluated in outpatient settings, urgent care centers, and emergency departments. These conditions are often painful, and the treatment procedures may cause additional pain or anxiety. The location and severity of the wound and the chronologic and developmental age of the patient influence the need for local anesthesia or systemic medications to make procedures tolerable for the patient. This section discusses the safe administration of medications to facilitate laceration repair, incision and drainage of abscesses, and burn debridement. General principles of the types of analgesia or sedation that are useful for these procedures are discussed.
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Moser, Carolyn. "Administrative Accountability: Separate but Complementary Fora." In Accountability in EU Security and Defence, 232–75. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844815.003.0007.
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This chapter is dedicated to administrative accountability regarding the civilian dimension of EU security and defence. It first decorticates the administrative environment of civilian CSDP. The scrutiny covers institutional, legal, and procedural components (reporting lines and attribution schemes, disciplinary arrangements, etc). The chapter then outlines the small role national authorities play in administrative accountability. Thirdly, the assessment concentrates on the role of the European Ombudsman as a quasi-judicial accountability forum for both individual complaints and overall administrative questions. The evaluation of the Ombudsman’s role is followed by a study of the dual function of the European Court of Auditors, which simultaneously fulfils an auditing and a consultative function. Finally, the chapter discusses the complementarity of the Ombudsman and the European Court of Auditors.
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Nason, Sarah. "Administrative Procedure and Judicial Review in the United Kingdom." In Judicial Review of Administration in Europe, 82–86. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0016.
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This chapter focuses on administrative procedure and judicial review in the United Kingdom. Initially, it should be stressed that administrative law is different across the UK due to devolution. The UK Supreme Court generally acts as a final court of harmonizing case-law principles. As the UK constitution is uncodified, the existence of constitutional provisions concerning judicial review remains somewhat controversial, but the necessity of judicial review is thought to be required by the rule of law. The scope of judicial review is generally governed by judicial precedent. Under section 84 of the Criminal Justice and Courts Act 2015, the High Court must refuse to grant a remedy 'if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred'. In general, there is no right on judicial review to claim damages for losses caused by unlawful administrative actions. It is usually only possible to receive damages in judicial review claims if there is another established cause of action, separate to the ground for judicial review.
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Wollenschläger, Ferdinand, and Johannes Stapf. "The System of Public Authority Liability in Germany." In Tort Liability of Public Authorities in European Laws, 50–54. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.003.0006.
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The foundations of the present law in Germany can be succinctly stated as follows. First, a provision on public authority liability may be found in the constitution (the Grundgesetz) as well as in the Civil Code, the scope and relationship of which remain to be determined. Second, as a general rule, primary legal protection enjoys priority over secondary legal protection, i.e. claimants must bring a prior administrative appeal or complaint before being entitled to damages. Third, there is a rich variety of rules governing administrative liability: old and new, general and sector-specific, procedural and substantive. Although such rules are generally based on the existence of illegality, exceptionally lawful administrative actions may give rise to compensation.
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Coulson, The Rt Hon Lord Justice. "General Principles." In Coulson on Construction Adjudication. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822110.003.0015.
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Over the last decade, it has become increasingly common for the losing party in an adjudication to endeavour to avoid the consequences of the adjudicator’s decision by claiming that the decision was reached in breach of the rules of natural justice. Often, the complaints relied on will have first arisen during the adjudication itself, and the adjudicator may have found himself struggling to come to terms with a number of unfamiliar procedural rules, which have their history in administrative law, and can sometimes be extremely difficult to shoehorn into the constrained timetable of an adjudication.