Littérature scientifique sur le sujet « Administrative procedure – European Union countries »
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Articles de revues sur le sujet "Administrative procedure – European Union countries"
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Kovbas, Igor, et Pavlo Krainii. « Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study) ». Problems of legality, no 163 (28 décembre 2023) : 93–110. http://dx.doi.org/10.21564/2414-990x.163.292358.
Texte intégralRésumé :
The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".
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Davinić, Marko, et Vuk Cucić. « Europeanization of General Administrative Procedure in Serbia ». Review of Central and East European Law 46, no 2 (27 mai 2021) : 153–78. http://dx.doi.org/10.1163/15730352-bja10045.
Texte intégralRésumé :
Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.
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Krausenboeck, Maria. « DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION ». Administrative law and process, no 3(26) (2019) : 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.
Texte intégralRésumé :
The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
Texte intégralRésumé :
Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Arana García, Estanislao. « ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION : TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE ». Administrative law and process, no 2(25) (2019) : 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
Texte intégralRésumé :
Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Gembara, G. « Simplified forms of trial proceeding of administrative cases in the legislation of European countries ». Uzhhorod National University Herald. Series : Law 2, no 78 (31 août 2023) : 17–23. http://dx.doi.org/10.24144/2307-3322.2023.78.2.2.
Texte intégralRésumé :
The article is devoted to the analysis of the experience of the countries of the European Union for the implementation of differentiation of the procedural form of consideration and resolution of public-legal disputes by simplifying it - withdrawal of unnecessary, complicated, and ineffective elements. The study of this issue is conditioned by the activation of European integration processes in Ukraine, which requires taking into account the achievements of European countries in administrative litigation to improve the legislative basis of the functioning of administrative courts in Ukraine.
It has been established that the introduction, along with the general procedure of judicial proceedings, that is, ordinary, simplified proceedings, is a trend long supported by the countries of the European region, which is aimed at increasing the effectiveness of the implementation of the right to access to justice and a fair trial, which was repeatedly emphasized by the Committee of Ministers of the Council of Europe in its Recommendations to member states.
The legislation of European states (Germany, Georgia, Lithuania, Latvia, Poland, Austria, Estonia) was studied, which regulates the administrative court’s procedural activity to simplify the consideration and resolution of cases. The main criteria and reasons for applying simplified court proceedings and resolving public-legal disputes were considered. It was clarified: who has the right to initiate a case in a simplified manner, whether the participants’ opinion is taken into account, and what are the powers of the court when deciding this issue. Similar features were identified in the studied foreign legislation on simplifying administrative litigation.
A comparative analysis of the European legislation with the provisions of the Ukrainian administrative-procedural legislation was carried out, and the provisions that would be appropriate to be introduced into the national legislation in order to improve the simplified legal proceedings and increase the level of effectiveness of judicial protection of individual rights in the field of public-legal relations were highlighted.
It was concluded that simplified procedures for the trial investigation of administrative cases take an important place in the legislation of the countries of the European Union, which indicates the importance of procedures for optimizing the judicial process.
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TKACHOVA, Viktoriia, et Pavlo LAVRYK. « Law of Ukraine “On administrative procedure”. First critical comments ». Economics. Finances. Law 6/1, no - (29 juin 2022) : 28–32. http://dx.doi.org/10.37634/efp.2022.6(1).6.
Texte intégralRésumé :
The paper examines in detail the way to develop the Law of Ukraine "On Administrative Procedure", which began in 1998. It is noted that the adoption of this Law was hampered by the Soviet past of Ukraine and the lack of awareness of the importance of adopting this legal act. The adoption of the law on administrative procedure in the post-Soviet space at the beginning of the XXI century, the experience and concept of this law in some European countries are analyzed. It is noted that Ukraine has repeatedly noted the priority and need to develop the provision of administrative services and the adoption of a law on administrative procedure in accordance with European standards. It was emphasized that Ukraine has come a long way before the adoption of the Law of Ukraine "On Administrative Procedure", which was signed on June 13, 2022. The repeated presidential veto has become such an obstacle to the adoption of this Law. The paper explains why this version of the Law was approved by international commissions. There are always objections to any law and this case is no exception, so we analyzed three main shortcomings of this law, namely: giving administrative bodies "quasi-judicial functions", the possibility of causing harm to a person by confiscating property due to administrative error and the court's ability to decide , which body is competent to decide the case. However, it should be noted that these shortcomings did not prevent the adoption of this law on June 13, 2022. In conclusion, it was emphasized that the adoption of the Law of Ukraine "On Administrative Procedure" is one of the outstanding achievements of our country, and despite the presence of certain serious shortcomings, it will be very useful for Ukrainian society.This Law will help bureaucratize public administration in general and its individual components (bodies) and bring Ukrainian legislation closer to the standards of the European Union.
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Mahmutefendic, Tahir. « The Eu Enlargement. How to be Like the Irish and not the Greek ? » ECONOMICS 7, no 2 (1 décembre 2019) : 49–58. http://dx.doi.org/10.2478/eoik-2019-0021.
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Abstract Apart from the former EFTA members (Iceland, Lichtenstein, Norway and Switzerland) and a few former republics of the Soviet Union (Bjelorussia, Moldova and Ukraina) the countries of the Western Balkans are the only European states outside of the European Union. They are very keen to join the Union. The Balkans have always been the poorest part of Europe. The appeal of the wealthy European Union is apparent. Access to the largest market in the world, investment, modern technologies and generous regional funds give a hope that by joining the EU the Western Balkans countries will join the rich club. At the moment performance of the Western Balkan countries does not guarantee that they will become rich by joining the European Union. Their current production and trade structure makes it likely that the Western Balkan countries will be locked in inter-industry trade in which they will export products of low and medium technological and developmental level and import products of high technological and developmental level. This might lead to divergence rather than convergence between them and the European Union. In other to overcome this problem the Western Balkan countries need to conduct radical reforms in the public sector, fiscal policy, industrial trade and investment policy. They also need to tackle corruption, simplify administrative procedure, strenghten property rights and the lawful state. All this with the aim to change economic structure and shift from achievements of the second and third to fourth technological revolution. Only if these reforms are successfuly implemented the Western Balkan countries can hope to avoid the Greek scenario and possibly experience the Irish scenario.
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Klymenko, Ihor Volodymyrovych, Dmytro Volodymyrovych Shvets, Oleh Tsyhanov et Liudmyla Hennadiivna Mohilevska. « Services Provided by Public Authorities : Features of Legal Regulation in Ukraine and the European Union ». Revista Amazonia Investiga 9, no 31 (7 août 2020) : 44–51. http://dx.doi.org/10.34069/ai/2020.31.07.4.
Texte intégralRésumé :
The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).
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Jeretina, Urša. « Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia ». NISPAcee Journal of Public Administration and Policy 9, no 1 (1 juin 2016) : 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
Thèses sur le sujet "Administrative procedure – European Union countries"
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COURELL, Ann Marie. « The friendly settlement procedure under the European convention on human rights ». Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7026.
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Defence date: 30 March 2007Examining Board: Prof. Philip Alston (European University Institute) ; Prof. Francesco Francioni (European University Institute) ; Prof. Olivier de Schutter (University of Louvain) ; Prof. Kevin Boyle (University of Essex Colchester)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Demeester, Loïc. « Les relations entre le public et l'Administration : comparaison France, Espagne, Union européenne ». Electronic Thesis or Diss., Toulouse 1, 2021. http://www.theses.fr/2021TOU10032.
Texte intégralRésumé :
Les effets de l’intégration européenne sur les droits nationaux ont nourri une littérature scientifique abondante. Toutefois, les relations entre le public et l’Administration semblent être aujourd’hui un angle mort des études portant sur les interactions entre le système européen et les systèmes nationaux. L’étude se propose donc d’analyser l’effet de cette intégration européenne sur les relations entre le public et l’Administration, grâce à une comparaison des systèmes français, espagnol et européen. La thèse établit l’existence d’une convergence européenne relative à ces relations. L’analyse comparée permet de conclure qu’il existe un jeu d’influences réciproques qui conduit à un rapprochement des relations entre le public et l’Administration dans les systèmes étudiés. Dans un premier temps, cette convergence oblige à s’interroger sur les notions utilisées pour décrire ces relations, notamment celle de procédure administrative. Dans une perspective moderne, celle-ci doit être considérée comme un ensemble d’échanges d’informations entre le public et l’Administration. Ces échanges sont de plus en plus encadrés et codifiés afin de contribuer à une plus forte légitimité des décisions administratives. Dans un second temps, cette convergence met en lumière deux types de relations. Dans les procédures d’édiction d’acte administratif individuel, l’échange d’informations sert à la protection de l’intéressé, selon un modèle inspiré de la procédure juridictionnelle. À côté de ces procédures traditionnelles se développent des procédures innovantes et l’échange d’informations change de fonction. Ce dernier crée un dialogue administratif qui contribue à la pertinence et l’acceptabilité de la décision adoptée. Ce modèle coopératif de relations sert principalement l’efficacité administrativeThe effects of European integration on national rights have generated extensive scholarly literature. However, the relationships between the citizens and the public administration appear to be still barely addressed in studies considering the interactions between the European system and the national systems. The research presented here aims therefore to analyze the impact of EU integration on the relationships between the citizens and the public administration through a comparison of the French, Spanish and European systems. This dissertation argues for the existence of a European convergence in these relationships. The comparative analysis indeed reveals that there is a complex interplay of reciprocal influences in the systems studied which results in the development of closer relationships between the citizens and the public administration. First, the very existence of a convergence makes it necessary to reconsider the notions that are used to describe these relationships, notably the notion of administrative procedure. Within a contemporary perspective, such a procedure is to be regarded as a set of information exchanges taking place between the citizens and the public administration. These exchanges are more and more regulated and codified so as to give stronger legitimacy to administrative decisions. Secondly, the observed convergence brings to light two types of relationships. In the procedure by which an individual administrative act is issued, the exchange of information serves to protect the citizen, according to a model derived from court proceedings. In addition to these traditional procedures, innovative procedures have been developing and the exchange of information has been repurposed. Within these procedures, it creates an administrative dialogue that supports the relevance and acceptability of the decision taken. This cooperative model of relationships primarily contributes to administrative efficiency
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Xu, Zi Wei. « Legal standing of private parties within judicial reviews in the European Community : the missing piece in a complete system of remedies ? » Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2099272.
Texte intégral
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Булатін, Д. О., D. O. Bulatin et ORCID : https://orcid org/0000-0002-0200-2822. « Адміністративно-правові засади здійснення превентивної діяльності поліцією : порівняння досвіду України та країн ЄС : дисертація ». Thesis, Харків, 2020. https://youtu.be/9NaUFk_HSLA.
Texte intégralRésumé :
Булатін, Д. О. Адміністративно-правові засади здійснення превентивної діяльності поліцією: порівняння досвіду України та країн ЄС : дис. ... д-ра філос.: 12.00.07, 081 / Дмитро Олексійович; МВС України, Харків. нац. ун-т внутр. справ. - Харків, 2020. - 247 с.У дисертації міститься теоретичне узагальнення актуальної наукової проблеми, пов’язаної із визначенням адміністративно-правових засад здійснення превентивної діяльності поліцією через порівняння досвіду України та країн ЄС, а також шляхів їх удосконалення. В результаті проведеного дослідження сформульовано низку положень та висновків котрі спрямовані на досягнення поставленої мети.
The dissertation contains a theoretical generalization of the current scientific problem related to the definition of administrative and legal principles of preventive activities by the police through a comparison of the experience of Ukraine and the EU, as well as ways to improve them. As a result of the research, a number of provisions and conclusions have been formulated which are aimed at achieving the set goal.
В диссертации содержится теоретическое обобщение актуальной научной проблемы, связанной с определением административно-правовых основ осуществления превентивной деятельности полицией через сравнение опыта Украины и стран ЕС, а также путей их совершенствования. В результате проведенного исследования сформулирован ряд положений и выводов которые направлены на достижение поставленной цели.
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García-Perrote, Forn Ma Elena. « Proceso penal y juicios paralelos ». Doctoral thesis, Universitat de Barcelona, 2016. http://hdl.handle.net/10803/386469.
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El principio de publicidad de las actuaciones judiciales se encuentra consagrado como un derecho fundamental en el artículo 24.2 de nuestra Constitución. Este derecho no es de carácter absoluto y se encuentra sometido a ciertas limitaciones previstas legalmente. La publicidad del proceso penal implica que tengan conocimiento de las actuaciones, no solo los propios interesados, sino también extraños al proceso. Esta actividad de difusión de la noticia, garantía de funcionamiento del Poder Judicial en una sociedad democrática, se efectúa principalmente por los medios de comunicación. El problema se produce cuando se informa sobre un hecho noticiable que se encuentra sub iudice y los Mass Media, a través de un “juicio paralelo”, pretenden, de forma continua y sesgada, examinar y valorar el proceso judicial, las pruebas y las personas implicadas en los hechos y asumen así el papel de juez e inducen a éste a un veredicto anticipado de culpabilidad o inocencia ante la opinión pública. Esta actividad colisiona con posiciones subjetivas de los individuos, que también tienen la consideración de derechos fundamentales como son los derechos a: (i) un proceso justo; (ii) un juez imparcial; (iii) la presunción de inocencia y (iv) recibir y comunicar información.
Con esta tesis doctoral se ha procedido a estudiar dicha problemática así como las respuestas que la legislación, la jurisprudencia y la doctrina dan, en nuestro Ordenamiento jurídico y en derecho comparado, para conciliar estos derechos fundamentales con los intereses mediáticos de le prensa, así como las garantías previstas legalmente en el ámbito penal, civil y contencioso- administrativo para la salvaguarda de los mismos. En la parte final del trabajo se apuntan posibles soluciones al problema de los “juicios paralelos” que puedan dar respuesta al interés general de la sociedad en su pretensión de obtener una justicia eficaz en la represión del delito a la vez que respetuosa con los derechos de todos los ciudadanos que se pueden ver involucrados en el proceso judicial.El principi de publicitat de les actuacions judicials es troba consagrat com un dret fonamental en l’article 24.2 de la nostra Constitució. Aquest dret no és de caràcter absolut i està sotmès a determinades limitacions previstes legalment. La publicitat del procés penal implica que tinguin coneixement de les actuacions, no només els propis interessats, si no també estranys al procés. Aquesta activitat de difusió de la notícia, garantia del funcionament del Poder Judicial en una societat democràtica, és realitzada, principalment, pels mitjans de comunicació. El problema es produeix quan s’informa d’un fet que és notícia i que es troba sub iudice, i els mass media, mitjançant un “judici paral·lel”, pretenen de forma continuada i esbiaixada examinar i valorar el procés judicial, les proves i les persones implicades en els fets, assumint el paper de jutge, induint a un veredicte anticipat de culpabilitat o innocència a aquest en front de l’opinió pública. Aquesta activitat topa amb posicions subjectives dels individus que també tenen la consideració de drets fonamentals com són els drets a: (i) un procés just; (ii) un jutge imparcial; (iii) la presumpció d’innocència i (iv) rebre i comunicar informació. Amb la present tesis doctoral s’ha procedit a estudiar la referida problemàtica així com les respostes que la legislació, la jurisprudència i la doctrina donen en el nostre Ordenament Jurídic i en dret comparat, per tal de conciliar aquests drets fonamentals amb els interessos mediàtics de la premsa, així com les garanties previstes legalment en l’àmbit penal, civil i contenciós – administratiu per a la salvaguarda dels mateixos. En la part final del treball s’apunten possibles solucions al problema dels “judicis paral·lels” que poden donar resposta a l’interès general de la societat en la seva pretensió d’obtenir una justícia eficaç en la repressió del delicte a la vegada que respectuosa amb els drets de tots els ciutadans que es puguin veure involucrats en el procés judicial.
The principle of publicity of judicial actions is set forth as fundamental right in article 24 of the Spanish Constitution. Nevertheless, this is not an absolute right: it has some legal limitations. The publicity of the criminal procedure implies that not only those directly affected by the procedure know the state of acts but third people. Information disclosure, which serves as a warranty of the functioning of the judicial system, is done in a democratic society by the media. The problem arises when mass media start a parallel trial while reporting on case which is still sub iudice, assessing and judging with a biased viewpoint the procedure, its participants and the evidences submitted, assuming the judge’s role and, therefore, trying to induce him/her to an anticipate judgement before the public opinion. Such activity collides with the position of the defendant, who has his/her own fundamental rights such as the right to (i) a fair trial; (ii) an impartial judge; (iii) the presumption of innocence and (iv) receive and communicate certain information. In the present thesis, the problem of parallel trials and the collision of rights have been studied taking into account the solutions provided by Law, case law and scholars both of Spanish Legal System and comparative Law in order to reconcile such fundamental rights with media’s interest and also the legal guarantees for defendants in civil, criminal and administrative procedures. In the final part of this thesis, there are some possible solutions to the problem of parallel trials which try to give an answer to society’s general interest to find an efficient justice system in punishing crimes which also respects the rights of all citizens which may be part of the process.
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BRITO, BASTOS Filipe. « Beyond executive federalism : the judicial crafting of the law of composite administrative decision-making ». Doctoral thesis, 2018. http://hdl.handle.net/1814/55824.
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Defence date: 13 June 2018Examining Board: Professor Deirdre Curtin, European University Institute (Supervisor) ; Professor Miguel Poiares Maduro, European University Institute ; Professor Paul Craig, St. John's College, Oxford ; Professor Herwig Hofmann, University of Luxembourg
The thesis examines how EU courts have addressed the rule of law challenges of composite procedures. Composite procedures are pervasive administrative processes which involve joint decision-making by national and EU authorities. Such procedures fit poorly into the EU’s traditional model of administrative law, EU executive federalism, which is designed for an administrative system where decisional power is exercised separately by the two levels of administration. This mismatch would make it difficult to observe several key requirements of the rule of law in EU administrative law – such as the right to be heard, the right to a reasoned decision, judicial protection, and the control of legality. The thesis argues that EU courts have crafted a series of unprecedented implicit principles that specifically aim at ensuring the observance of rule of law requirements in composite decision-making. In doing so, EU case law has departed from the old doctrine of EU executive federalism. This was however not an easy transition. Indeed, since the EU’s foundational period, EU executive federalism was considered to be a constitutional doctrine, i.e., to immediately flow from the Treaties. Given the almost complete lack of references to administrative issues in the Treaties, this reading was entirely question-begging. Its espousal in the case law is explained in the dissertation as the likely result of a shared federalist conception of the European Union and of the administrative order created under its aegis. The thesis further argues that, just as the doctrine of EU executive federalism, the judge-made law of composite procedures relies on a series of assumptions on the relations between national and EU administration. The principles of composite decision-making do not treat national and EU authorities as two strictly separate spheres of power. Rather, they handle the two levels as a single, integrated administration, where national authorities are treated as an extension of the Commission – as the EU administration’s ancillary bureaucracy.
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DELLA, CANANEA Giacinto. « I procedimenti amministrativi della Comunita Europea ». Doctoral thesis, 1994. http://hdl.handle.net/1814/4610.
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HÜTTEMANN, Suzan Denise. « Principles and perspectives of European criminal procedure ». Doctoral thesis, 2012. http://hdl.handle.net/1814/24001.
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Defence date: 15 June 2012First made available online on 29 July 2019
Examining Board: Professor Neil Walker, EUI / University of Edinburgh (Supervisor); Professor Marise Cremona, EUI; Professor Valsamis Mitsilegas, Queen Mary, University of London; Professor Kimmo Nuotio, University of Helsinki.
This thesis shall contribute to European Criminal Procedure, a rapidly evolving area of EU policy that has attracted much attention, but has also been subject to criticism. The research will first identify and analyse the main rationales of this area. Since the Tampere European Council of 1999, mutual recognition has become the most fundamental concept of judicial cooperation in criminal matters and has experienced a steep career, having been adopted by Art. 82 TFEU. When the principle of mutual recognition was introduced, it was based on an analogy to the free movement of goods. This analogy has often been regarded as flawed. Moreover, there has always been a notion of mutual recognition in judicial cooperation as well. The study will show how these two factors have influenced the development of the area, and how policy concepts, such as the principle of mutual trust, have had a greater influence on the development of the law than any legal doctrine. The lack of a coherent approach to the area of judicial cooperation and the unsystematic combination of different legal orders have caused unforeseen frictions for the individual. These will be illustrated by an analysis of the law of transnational evidence-gathering according to the European Evidence Warrant and the proposed European Investigation Order. It will be shown that most of the problems result from the lack of a uniform allocation of jurisdiction and from an overly confined understanding of fundamental rights in the context of judicial cooperation. By analysing the nature and purpose of jurisdictional rules in a national and a European context, the thesis aims at uncovering the theoretic foundations on which a uniform allocation of jurisdiction could be built. Finally, the thesis analyses the role of fundamental rights in judicial cooperation. It will uncover the ineptness of a nation-state oriented interpretation of fundamental rights to adequately address the problems of mutual recognition and argue for a European understanding of transnational judicial rights.
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NEHL, Hanns Peter. « Procedural principles of good administration in Community law ». Doctoral thesis, 1997. http://hdl.handle.net/1814/5668.
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Award date: 31 December 1997Supervisor: R. Dehousse
First made available online: 14 June 2017
In current debates turning on the fundamental values which the legal order of the European Community should be committed to respect and protect legal issues relating to administrative process and, in particular, the adequate degree of procedural protection to be accorded to individuals have increasingly come to the forefront. This paper seeks to contribute to the discussion by trying to demonstrate that and why the significance ascribed to the law governing Community administrative procedures has indeed gone through a deep metamorphosis during the last decade which arguably has not yet come to an end. In fact, in the face of the recent case-law of the Community courts, which will be analyzed, it seems not too daring to speak of an ongoing process of 'constitutionalization' with respect to procedural requirements. In the context of this broader development, an attempt will be made to reveal some of its exemplary features, namely, the dynamic expansion of a specified set of procedural standards of good administration. It will be argued that process standards, such as the right to access to information or the right to be heard, tend to be extensively interpreted in particular instances as well as to gradually gain universal applicability in the vast field of what has come to be named 'Community' or 'European administrative law'. However, the marked trend towards constitutionalizing process principles, which is primarily being supported by judicial intervention, is understandable only with a view to the extraordinarily heterogeneous nature of the Community administrative 'system' referred to; its 'structure' therefore calls for some further elucidation.
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CHITI, Edoardo. « Le agenzie europee ». Doctoral thesis, 2000. http://hdl.handle.net/1814/4598.
Texte intégralLivres sur le sujet "Administrative procedure – European Union countries"
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Harlow, Carol. Process and procedure in EU administration. Oxford : Hart Publishing, 2014.
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Kiekebeld, Ben J. Harmful tax competition in the European Union : Code of conduct,countermeasures and EU law. The Hague, The Netherlands : Kluwer, 2004.
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Lasok, K. P. E. Judicial control in the EU : Procedures and principles. Richmond : Richmond Law & Tax, 2004.
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A, Bermann George, Koch Charles H, O'Reilly James T. 1947- et American Bar Association. Section of Administrative Law and Regulatory Practice., dir. Administrative law of the European Union. Chicago, Ill : ABA, Section of Administrative Law and Regulatory Practice, 2008.
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Chiti, Edoardo, et Bernardo Giorgio Mattarella. Global administrative law and EU administrative law : Relationships, legal issues and comparison. Heidelberg : Springer, 2011.
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Graver, Hans Petter. Forvaltningsrett i markedsstaten : Studier i europeisering av forvaltningsretten. Bergen : Fagbokforlaget, 2002.
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Airoldi, Mario. La tutela dinanzi alla giurisdizione amministrativa europea. Torino : G. Giappichelli, 1999.
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Nazzini, Renato. Concurrent proceedings in competition law : Procedure, evidence and remedies. Oxford : Oxford University Press, 2004.
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Tom, Zwart, et Verhey Luc, dir. Agencies in European and comparative perspective. Antwerp, Belgium : Intersentia, 2003.
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Chiti, Edoardo, et Bernardo Giorgio Mattarella. Global administrative law and EU administrative law : Relationships, legal issues and comparison. Heidelberg : Springer, 2011.
Trouver le texte intégralChapitres de livres sur le sujet "Administrative procedure – European Union countries"
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Tepandi, Jaak, Carmen Rotuna, Giovanni Paolo Sellitto, Sander Fieten et Andriana Prentza. « The Technical Challenges in OOP Application Across the European Union and the TOOP OOP Architecture ». Dans The Once-Only Principle, 141–63. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79851-2_8.
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AbstractThe Once-Only Principle requires the public administrations to ensure that citizens and businesses supply the same information only once to the Public Administration as a whole. Widespread use of the Once-Only Principle has the potential to simplify citizens’ life, make businesses more efficient, and reduce administrative burden in the European Union. The Once-Only Principle project (TOOP) is an initiative, financed by the EU Program Horizon 2020, to explore the possibility to enable the cross-border application of the Once-Only Principle by demonstrating it in practice, through the development of selected piloting applications for specific real-world use cases, enabling the connection of different registries and architectures in different countries for better exchange of information across public administrations. These piloting ICT systems are designed as a result of a pan-European collaboration and they adopt a federated model, to allow for a high degree of independence between the participating parties in the development of their own solutions. The main challenge in the implementation of an OOP solution is the diversity of organizations, procedures, data, and services on all four main levels of interoperability: legal, organizational, semantic, and technical. To address this challenge, TOOP is developing and testing the TOOP Reference Architecture (TOOPRA) to assist organizations in the cross-border implementation of the OOP. The paper outlines the TOOPRA users, principles, and requirements, presents an overview of the architecture development, describes the main views of TOOPRA, discusses architecture profiling, and analyses the TOOPRA sustainability issues.
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Beger, Paula. « Party Rhetoric and Action Compared : Examining Politicisation and Compliance in the Field of Asylum and Migration Policy in the Czech Republic and Hungary ». Dans Palgrave Studies in European Union Politics, 137–56. Cham : Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_6.
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Abstract Since the European refugee crisis 2015, the rather bureaucratic asylum and migration policy has become a highly politicised issue in ECE countries. The politicisation process started while political parties were involved with the policy. However, many studies have ignored the practice of executives’ and administrations’ action in this domain and knowledge of whether this public anti-EU rhetoric really resulted in non-compliance, therefore, remains limited. This chapter interlinks politicisation and non-compliance research in a comparative case study of Hungary and the Czech Republic. While combining findings of expert interviews, data on party manifestos and infringement procedures, it concludes that the partial politicisation did not lead to broader non-compliance in the Czech case, whereas the governmental-led politicisation in Hungary resulted in non-compliance. This difference is explained by the fact that in Hungary, the asylum-related administration, like other bureaucratic fields, has become increasingly re-politicised during the last decade.
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Volpato, Annalisa. « Novel Foods in the EU Integrated Administrative Space : An Institutional Perspective ». Dans Novel Foods and Edible Insects in the European Union, 15–36. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-13494-4_2.
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AbstractPaying particular attention to the institutional dimension of the EU legal framework for the placing on the market of Novel Foods, this chapter examines the main elements of Regulation 2015/2283, including the definition of Novel Food, the objectives of the legislative measure, and the procedure for the authorisation of Novel Foods. The analysis focuses especially on the roles of the diverse actors involved, and on the Regulation’s collocation in the broader context of EU food law and European integrated administration.
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Öberg, Marja-Liisa. « The Boundaries of the Internal Market In- and Outside the EU ». Dans The Borders of the European Union in a Conflictual World, 73–92. Cham : Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-54200-8_4.
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AbstractThis chapter addresses the question of the outer limits of the European Union’s (EU) internal market and its significance in the Union's foreign policy, especially in relations with the EU’s neighbouring countries. The internal market forms the core of European integration and has gained increased importance in the external context. Through an analysis of the relevance of the internal market within the EU as well as in the Union's policies towards the neighbourhood countries, the chapter argues that the extension of the boundaries of the internal market forms a highly significant part of the Union's external policy consolidating its leading role in the region. The expansion of the internal market offers third countries a strong opportunity to identify themselves as belonging to the wider European community and ensures a long-term commitment to the European integration project. While the formal, physical and administrative borders of the EU remain, the boundaries of the internal market continue to be blurred and the European integration project broadened and deepened for the benefit of security and prosperity in the region.
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Wollmann, Hellmut. « Transformation of Public Administration in East Germany Following Unification ». Dans Public Administration in Germany, 253–69. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-53697-8_15.
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AbstractAfter 1990, the rupture of the politico-administrative system and transformation of the German Democratic Republic (GDR) was essentially shaped by the process of German unification and the GDR’s integration into the ‘old’ Federal Republic. Thus, basic constitutional and institutional issues, such as legal rule (Rechtsstaat)-based administration, inclusion in the European Union, were (‘exogenously’) pre-determined by the GDR’s accession to the ‘old’ Federal Republic. The chapter highlights East Germany’s politico-administrative transformation after 1990 by addressing the organisational and personnel dimensions of the remoulding and rebuilding of the administrative structures at the new Länder and local levels. Finally, notwithstanding the particularities of the ‘East German case’, it raises question whether there are lessons which other countries facing transition or transformation can draw from East Germany’s experience.
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Szulecki, Kacper, Marta Bivand Erdal et Ben Stanley. « Emigration and Transnational Political Practices in Central and Eastern Europe After EU Enlargement 2004–2007 ». Dans External Voting, 21–36. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19246-3_2.
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AbstractAs the European Union expanded eastward in 2004 and 2007 to cover the formerly communist states of Central and Eastern Europe (CEE), this triggered a wave of migration which saw millions of people moving to Western and Northern European countries. What impact did that migration have on the politics of CEE countries, and what might be the relationship between outward migration and the apparent democracy backsliding occurring in some parts of the region? This is the main puzzle of this book, which looks at the way external voting results can be used to assess migrant political preferences and their change over time, as well as their potential influence on domestic politics in sending countries. This chapter sketches the political context of CEE and introduces the data gathering procedure and methodology of the project on which the book draws.
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Brown, L. Neville, John S. Bell et Jean-Michel Galabert. « The Influence of droit administratif Outside France ». Dans French Administrative Law, 268–87. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198765134.003.0010.
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Abstract The most outstanding contribution made by France to legal science has undoubtedly been the Civil Code of 1804, but almost as important has been the separate system of administrative jurisdiction and administrative law created by the Conseil d’Etat during the nineteenth and twentieth centuries. Most European countries follow the French practice of the double jurisdiction; even Belgium, which was strongly opposed to the French example in its constitution of 1831, has since established a separate Conseil d’Etat. The Netherlands, Luxembourg, Italy, Spain, Portugal, and Greece1 all have separate administrative courts administering principles of administrative law not far removed from those of the droit administratif. In this chapter, therefore, it is proposed briefly to outline the systems in the European Communities, namely, Belgium, the Netherlands, Italy, Germany, and Greece, and then to discuss what may well in time become the most important French export of all, the procedure and law of the Court of Justice of the European Communities at Luxembourg, the title retained by the Court even after the Maastricht Treaty (1992) adopted the label ‘European Union’ in place of ‘European Communities’.
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Andenas, Mads. « EU Countries and the UK ». Dans Judicial Review of Administration in Europe, 295–306. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0018.
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This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.
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Thym, Daniel. « Visa Policy ». Dans European Migration Law, 280—C11P63. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192894274.003.0012.
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Abstract Visa policy and carrier sanctions are essential elements of European migration law which sustain the profound stratification of contemporary entry policies: easy access for privileged travellers coexists with hurdles and restrictions for the ‘unwanted’. Visa requirements classify states on the basis of an abstract risk profile in order to determine the nationals of which countries have to apply for a visa from abroad. The Visa List Regulation is binding on all Member States and many neighbours follow its contents as well; visa facilitation agreements serve as a bargaining chip to convince third states to cooperate. Procedural safeguards in the Visa Code Regulation apply to full members of the Schengen area only; they embody a high level of harmonisation in relation to documentation, admission criteria, and the administrative procedure, even though the level of protection is lower than in other areas of migration law. Critical observers highlight the significance of carrier sanctions as a measure of privatised migration control, which is subject to limited legal oversight and hinders access to Union territory by persons coming from the Global South.
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Krysztofiak, Agnieszka, et Dariusz Strugliński. « Procedura celna 42 a oszustwa w zakresie VAT ». Dans Prawo i ryzyko celne, 85–109. Wydawnictwo Uniwersytetu Ekonomicznego w Poznaniu, 2024. http://dx.doi.org/10.18559/978-83-8211-233-7/6.
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Customs procedure 42 and VAT fraud. Purpose: The purpose of this chapter is to present basic information on customs procedure 42 and VAT fraud using this procedure. The rules of administrative assistance between EU Member States in the field of VAT aimed at combating fraud using customs procedure 42 were also identified and presented. Administrative assistance instruments such as VIES, Eurofisc network were characterised and compared. Finally, the challenges faced by the tax administrations of EU Member States in the combating fraud using customs procedure 42 were presented. Design/methodology/approach: To achieve the purpose, an analysis of legal acts was used, including in particular Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax as well as the documents published by the European Commission and the European Court of Auditors (ETO) and also Olaf, Europol and EPPO. Findings: Based on the analysis, it can be concluded that close cooperation between tax and customs administrations is of great importance for the efficiency of the tax authorities of all EU Member States. The exchange of information between Member States should mainly be based on joint analysis of information and cross-checks of customs and tax information. Such an innovative approach will enable full use of the anti-fraud tools available within the European Union and, consequently, will contribute to faster elimination of VAT fraud using customs procedure 42. Cooperation between countries using the tools described in this chapter is the most appropriate way to combat cross-border VAT fraud using customs procedure 42.
Actes de conférences sur le sujet "Administrative procedure – European Union countries"
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Chuyenko, Valentina, et Oleksandra Chuyenko. « Legal Regulation of the Status of Ukrainian Refugees in the European Union : Prospective Directions Concerning Reform ». Dans Human Capital, Institutions, Economic Growth. Kutaisi University, 2023. http://dx.doi.org/10.52244/c.2023.11.10.
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The report is devoted to the important topic of modern migration policy and legal regulation of the status of refugees from Ukraine in the context of European integration. In connection with the complex events on the territory of Ukraine and the rapid increase in the number of Ukrainian refugees, new challenges and opportunities are opening up for their legal status and integration into the countries of the European Union. The report analyzes the current state of legal regulation of the status of Ukrainian refugees in the European Union and identifies the problems faced by these refugees. Next, the article highlights promising directions and possible ways of reforming and improving this legal regulation with the aim of ensuring better protection of the rights and interests of Ukrainian refugees, as well as promoting their effective integration into European society. One of the key directions is to improve procedures for assessing refugee status, reduce administrative barriers to obtaining this status, and establish fast and effective appeal mechanisms. It is also important to consider the possibility of expanding the list of bases on the basis of which refugee status can be granted, taking into account the specific situations faced by Ukrainian refugees. The next important aspect is the support and integration of refugees once they have been granted status. This includes providing access to education, health services, the labor market and places to live. It is necessary to consider the possibilities of providing cultural adaptation and psychological support for refugees, which will contribute to their faster integration into society. The report also discusses the importance of cooperation between the countries of the European Union and Ukraine in the field of migration and refugees, as well as the possibility of developing joint strategies and programs aimed at solving migration issues and supporting Ukrainian refugees. It should be noted that the report notes the importance of reforming and improving the legal regulation of the status of Ukrainian refugees in the European Union in order to provide them with better protection and facilitate their successful integration into the new society. The measures discussed in the article can become the basis for the development of political decisions and legislative acts aimed at achieving this goal.
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Silvestru, Ramona camelia, Lavinia Nemes et Catalin ionut Silvestru. « CHALLENGES AND OPPORTUNITIES IN KNOWLEDGE SHARING IN E-LEARNING PROGRAMS FOR PUBLIC ADMINISTRATION ». Dans eLSE 2014. Editura Universitatii Nationale de Aparare "Carol I", 2014. http://dx.doi.org/10.12753/2066-026x-14-212.
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The G20 Moscow summit from 2013 highlighted the fact that human resource development remained a major priority for developing countries, especially low-income countries, with important impact on the priorities of other low income countries. When discussing about the current global economic development, about increasing economic competitiveness and reducing economic risks of global crises, we take also into consideration the role that governments and their staff can play in ensuring the adequate implementation of the various policy measures. In order for the government staff to perform at high levels of competence both in high and low income countries, especially in G20 members (Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, the Republic of Korea, Mexico, Russia, Saudi Arabia, South Africa, Turkey, the United Kingdom, the United States of America plus the European Union member states), we consider that continuous education / lifelong learning would be crucial in providing an enabling environment, with e-learning holding a key position, as it enables people, civil servants to deal with future challenges raised by knowledge and information society. In the framework of the technological, normative and procedural evolutions that influence how the staff from public administrations works and possible openness towards e-learning programs, while aware of the various pedagogic, administrative and economic factors that provide incentives as well as drawbacks in using e-learning in providing training to civil servants, we are interested in analyzing e-learning programs developed and used for public administration staff from several G20 states. Our analysis will be focused on assessing the dimensions of the e-learning systems, variety of courses via e-learning platforms, methodologies used in e-learning, possible limitations and challenges in providing e-learning programs to civil servants in several G20 states. The analysis will be conducted using public information available from national agencies with responsibilities in providing such trainings in various G20 states. Our recommendations are oriented towards stimulating the development of an enabling environment for improving inter-agencies and ministerial coordination by intervening at the levels of human resources from the government levels. In this respect, we promote a wider usage of electronic means in lifelong learning for the staff from public administrations and the sharing of information by electronic means aimed at ensuring further human resource development from the public administration. Moreover, we strongly consider that continuous human resource development in the public administration apparatus from the G20 states and knowledge sharing would provide adequate framework for ensuring that government priorities and policy coordination in order to achieve global economic stability, sustainable growth could be achieved, while also contributing to the development of knowledge and information society and economy.
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Vukašinović Radojičić, Zorica, et Dejan Vučetić. « THE EUROPEAN PRINCIPLES OF PUBLIC ADMINISTRATION SERVICES DELIVERY FROM THE PERSPECTIVE OF DIGITALIZATION AND SIMPLIFICATION : NORMATIVE FRAMEWORK AND PRACTISE IN THE REPUBLIC OF SERBIA ». Dans International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27449.
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European Union principle of Public administration service delivery is a key principle underpinning the efficiency principle and simplification of administrative procedures. Serbian government has done a lot of efforts and made a progress in the last five years in the sphere of public services digitalization, through strategic, institutional, normative changes, but some weaknesses still remain in terms of realizing the full potential of the different strategies and legislation. The purpose of the paper is to elaborate the application of quality and efficient public service delivery through analysis of Serbian strategic and normative framework de lege ferenda, simplification of administration procedures, focusing to main concerns for effective implementation of general procedure legislation and applying consistent practice. In the Introduction authors emphasize the progressing importance of digitalization of public services, from the perspective of European Union principles. This part also addresses conceptual issues of efficiency and effectiveness for ensuring high quality of public service delivery. The second part reveals the analysis of Serbian normative and strategic framework towards reducing bureaucratic burdens, simplification of administrative procedures through one-stop-shops, coordinating and “connecting” procedures from the jurisdiction of one or more administrative organs or organizations in the way the they provide better access to public services across the country. This part contains analysis of general legal framework from the aspect of reducing bureaucratic burdens for citizens and business entities, by imposing the obligation for public authorities to provide the documents ex officio and use them in administrative procedures. The authors analyze the provisions of the General Administrative Procedure Act de lege ferenda and its weaknesses for effective implementation. In Conclusion authors will summarize results of research in the way to point out to contemporary tendencies regarding digitalization of public services and means of application of efficiency, transparency, accessibility, openness and quality of public services in practice. Dominant methods of scientific research are dogmatic, comparative, content analysis, analysis and synthesis.
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Salih, Ali, et Farouq Al Azzam. « Risks and negative consequences of the digital transformation of society : the experience of the countries of the European Union ». Dans المؤتمر الدولي الرابع في الأطر القانونية والسياسية للحكومة الرشيدة. Cihan University-Erbil, 2024. http://dx.doi.org/10.24086/lir2023/paper.1018.
Texte intégralRésumé :
A large number of scientific studies and publications are devoted to the digital transformation of society. The experience of the countries of the European Union indicates that thedigital transformation brought them not only positive features, but also risks. The purpose of the article is to study the risks and negative consequences of the digital transformation of society based on the experience of the EU countries. The research methodology involves the use of reports from the OECD and other organizations, through a comparative analysis of the results of digital transformation in the countries of the European Union and the identification of risks and negative consequences of their implementation. The article systematizes the main stages of e-Governance development from 1.0 to 4.0, as well as their main features. The main models proposed by various authors for implementation since 2000 and up to now have been systematized. This made it possible to systematize the main types of innovation, namely: Internal process (administrative, system, organizational) innovation; External process (governance) innovation; Policy innovation; Service (or product) innovation. The study of published scientific studies made it possible to systematize the main risks and negative consequences of the digital transformation of society, which many countries of the world faced. Among the most important of them should be mentioned: Labor redundancy in the public sector Technological bias, unfairness, and discrimination; A growing accountability gap; Threats to data privacy. It has been established that regardless of the presence of a number of positive changes (Efficiency and productivity gains, cost-savings; Effectiveness and quality improvements; Transparency, accountability, trust and legitimacy) pointed out by the majority of authors, one cannot ignore the risks and negative consequences of digital transformation of society
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Moroz, Oleg. « Justification of public administration reform in Ukraine on the way of European integration after the end of the war ». Dans The 5th Economic International Conference “Competitiveness and sustainable development“. Technical University of Moldova, 2023. http://dx.doi.org/10.52326/csd2023.03.
Texte intégralRésumé :
The purpose of the publication is to determine the ways and components of the process of ensuring effective and efficient reform of the state administration of Ukraine as a whole and its administrative-territorial system, in particular, on the way to European integration of the country after the end of military operations on its territory. The relevance of the study is determined, on the one hand, by the desire of the people of Ukraine for its entry into the community of European countries, and, on the other hand, by the need for a certain reform of state management in accordance with the conditions of the European Union, taking into account the losses and destruction as a result of the Russian military invasion. The publication of theses regarding the substantiation of public administration reform projects aimed at the European integration direction of Ukraine was carried out based on the concept of project analysis. In accordance with the conducted research, it is proposed: a) implementation of analytical substantiation of the projects of reforms of the state administration of the country and its administrative-territorial system, which are proposed both from the legal and organizational points of view; b) conducting a step-by-step thorough analysis of the proposed reforms from the point of view of their market (marketing) expediency and technical and institutional feasibility, as well as based on the obtained results of environmental, social and financial and economic analysis for possible consequences (both current and in the distant future) of the specified proposals for reforming both the state administration of the country as a whole, and local selfgovernment and the administrative-territorial system in Ukraine, in particular.
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Beutel, Jochen, Edmunds Broks, Arnis Buka et Christoph Schewe. « Setting Aside National Rules that Conflict EU law : How Simmenthal Works in Germany and in Latvia ? » Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.10.
Texte intégralRésumé :
At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.
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Dauster, Manfred. « Criminal Proceedings in Times of Pandemic ». Dans The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.18.
Texte intégralRésumé :
COVID-19 caught humanity off guard at the turn of 2019/2020. Even when the Chinese government sealed off Wuhan, a city of millions, for weeks to contain the epidemic, no one in other parts of the world had any idea of what specifically was heading for the countries. The ignorant and belittling public statements and tweets of the former US president are still fresh in everyone's memory. Only when the Italian army carried the coffins with the COVID-19 victims in northern Italy, the gravesites spread in the Bergamo region, as well as the intensive care beds filled in the overcrowded hospitals, the countries of the European Union and other parts of the world realised how serious the situation threatened to become. Together with the World Health Organisation (WHO), the terms changed to pandemic. Much of the pandemic evoked reminiscences originating in the Black Death raging between 1346 and 1353 or in the Spanish flu after the First World War. Meanwhile, life went on. The administration of justice in criminal cases could not and should not come to a standstill. Emergency measures, such as those that began to emerge in February 2020, are always the hour of the executive. In their efforts to stop the spread of the virus, in Germany, governments particularly reflected on criminal proceedings. Neither criminal procedural law nor the courts and court administrations applying this procedural law were adequately prepared for the challenges. Deadlines threatened to expire, access to court buildings and halls had to be restricted to reduce the risk of infection, public hearings represented a potential source of infection for both the parties to the proceedings and the public, virtual criminal hearings via conference calls had not yet been tested in civil proceedings, but were legally possible, but not so in criminal cases. The taking of evidence in criminal cases in Germany is governed by the rules of strict evidence and is largely not at the disposal of the parties to the proceedings. Especially in criminal cases, fundamental and human rights guarantees serve to protect the accused, but also the victims and witnesses. Executive measures of pandemic containment might impact these guarantees. Here, an attempt will be made to discuss at some neuralgic points how Germany has attempted to balance the resulting contradictory interests in the conflict between pandemic control and constitutional requirements for criminal court proceedings.
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ZAWOJSKA, Aldona. « THE PROS AND CONS OF THE EU COMMON AGRICULTURAL POLICY ». Dans RURAL DEVELOPMENT. Aleksandras Stulginskis University, 2018. http://dx.doi.org/10.15544/rd.2017.158.
Texte intégralRésumé :
The Common Agricultural Policy (CAP) of the European Union has generated a great deal of attention and controversy among research community, practitioners and the wider population. The aim of this study is to overview and to discuss the thoughts and comments on the CAP which have been addressed by both its proponents and its opponents in the scientific publications, political commentaries, official reports, pubic opinion surveys and social-media-based public forums. While on the one hand, recent public opinion poll (Eurobarometer 2016) indicated broad support among EU citizens for the CAP; on the other hand, other sources give some strong arguments in favour of reducing or even scrapping the CAP. The CAP supporters (including European Commission itself) highlight, among others, the benefits of this policy (environmental; cultural; social vitality; food variety, quality and security; maintaining of rural employment, etc.) for all European citizens and not only for farmers, while CAP opponents stress its unfairness both to non-farmers (e.g. huge financial costs of its policy for taxpayers) and small farmers (large farmers benefit most), heavy administrative burden for farmers as well as the CAP’s destructing impact both on the EU states’ agriculture systems and developing countries’ agricultural markets. The CAP is basically the same for all EU member states but the EU countries differ considerably in terms of their rural development. According to some views, the CAP does not fit the Central and Eastern European countries. It represents a failure of the EU to adjust adequately from an exclusively Western European institution into a proper pan-European organization.
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Schaaf, Manfred, et Friedrich Schoeckle. « Technical Approach for the Reduction of Fugitive Emissions ». Dans ASME 2009 Pressure Vessels and Piping Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/pvp2009-78125.
Texte intégralRésumé :
The demands on industry to reduce fugitive emissions are increasing, steadily. For the European Union the Integrated Pollution Prevention and Control (IPPC) directive determines emission levels. Individual countries can adopt even tighter legislation like the TA-Luft (“Technical Instructions on Air Quality Control”) in Germany. E. g. the TA-Luft gives specific emission levels for valves according to the German VDI guideline 2440 - Emission reduction in oil refineries. In industrial applications in which the demands of the TA-Luft have to be met only certified sealing materials can be used in future. There are several requirements the sealants must fulfill, the most important in this respect is the tightness proof in a first-time test according to VDI 2440. In this objective, new packing materials were developed to be in compliance with the TA-Luft needs. The knowledge of the material characteristic is the basis for the improvement of the tightness capability and therefore for the reduction of fugitive emissions. But in almost the same manner the mounting procedure of the packing rings is important. It is necessary to perform the mounting procedure in two steps: a pre-deformation step (high stress level for seating) and a prestressing step (stress level must meet tightness requirements). Mounting by use of torque wrenches is time consuming, if this 2-step procedure is followed. Thus, mounting by use of hydraulic tensioner becomes effective. In the paper the most relevant packing material characteristics and the necessary tests to determine these characteristics are summarized. Then the mounting tools for hydraulic tensioning are introduced. Finally, some results of packing tests according to VDI 2440 are presented.
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Felcan, Miroslav. « Historical Cross-Section of Arson ». Dans Safe and Secure Society. The College of European and Regional Studies, 2020. http://dx.doi.org/10.36682/ssc_2020/1.
Texte intégralRésumé :
This work was supported by the Agency for Research and Development under the contract no. APVV-17-0217.Every year fires cause big damage to society, property, environment, buildings and infrastructure and pose a threat to life and health of persons in endangered areas. In most cases arson serves as insurance fraud or cover up any crime (e.g. robbery, embezzlement). However, there may be other reasons, e.g. in the case of the Commission of the European Union, the use of the product in envy, hatred, threats, blackmail, competitive struggle. Or social, political, or ethnic differences. In several cases, arson was used as a so-called 'arson attack'. The false flag, that is, the arsonist used the fire to accuse his enemy and took advantage of the wave of recourse that subsequently was raised against him. The circumstances of the cause and the fire are under investigation. After extinguishing a fire, it is standard procedure to seek and then either confirm, refute or further examine the possibility of intentional formation. In most countries of the world, arson is treated as a crime and seen as harming a stranger or a threat to life.
Rapports d'organisations sur le sujet "Administrative procedure – European Union countries"
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Bourrier, Mathilde, Michael Deml et Farnaz Mahdavian. Comparative report of the COVID-19 Pandemic Responses in Norway, Sweden, Germany, Switzerland and the United Kingdom. University of Stavanger, novembre 2022. http://dx.doi.org/10.31265/usps.254.
Texte intégralRésumé :
The purpose of this report is to compare the risk communication strategies and public health mitigation measures implemented by Germany, Norway, Sweden, Switzerland, and the United Kingdom (UK) in 2020 in response to the COVID-19 pandemic based on publicly available documents. The report compares the country responses both in relation to one another and to the recommendations and guidance of the World Health Organization where available. The comparative report is an output of Work Package 1 from the research project PAN-FIGHT (Fighting pandemics with enhanced risk communication: Messages, compliance and vulnerability during the COVID-19 outbreak), which is financially supported by the Norwegian Research Council's extraordinary programme for corona research. PAN-FIGHT adopts a comparative approach which follows a “most different systems” variation as a logic of comparison guiding the research (Przeworski & Teune, 1970). The countries in this study include two EU member States (Sweden, Germany), one which was engaged in an exit process from the EU membership (the UK), and two non-European Union states, but both members of the European Free Trade Association (EFTA): Norway and Switzerland. Furthermore, Germany and Switzerland govern by the Continental European Federal administrative model, with a relatively weak central bureaucracy and strong subnational, decentralised institutions. Norway and Sweden adhere to the Scandinavian model—a unitary but fairly decentralised system with power bestowed to the local authorities. The United Kingdom applies the Anglo-Saxon model, characterized by New Public Management (NPM) and decentralised managerial practices (Einhorn & Logue, 2003; Kuhlmann & Wollmann, 2014; Petridou et al., 2019). In total, PAN-FIGHT is comprised of 5 Work Packages (WPs), which are research-, recommendation-, and practice-oriented. The WPs seek to respond to the following research questions and accomplish the following: WP1: What are the characteristics of governmental and public health authorities’ risk communication strategies in five European countries, both in comparison to each other and in relation to the official strategies proposed by WHO? WP2: To what extent and how does the general public’s understanding, induced by national risk communication, vary across five countries, in relation to factors such as social capital, age, gender, socio-economic status and household composition? WP3: Based on data generated in WP1 and WP2, what is the significance of being male or female in terms of individual susceptibility to risk communication and subsequent vulnerability during the COVID-19 outbreak? WP4: Based on insight and knowledge generated in WPs 1 and 2, what recommendations can we offer national and local governments and health institutions on enhancing their risk communication strategies to curb pandemic outbreaks? WP5: Enhance health risk communication strategies across five European countries based upon the knowledge and recommendations generated by WPs 1-4. Pre-pandemic preparedness characteristics All five countries had pandemic plans developed prior to 2020, which generally were specific to influenza pandemics but not to coronaviruses. All plans had been updated following the H1N1 pandemic (2009-2010). During the SARS (2003) and MERS (2012) outbreaks, both of which are coronaviruses, all five countries experienced few cases, with notably smaller impacts than the H1N1 epidemic (2009-2010). The UK had conducted several exercises (Exercise Cygnet in 2016, Exercise Cygnus in 2016, and Exercise Iris in 2018) to check their preparedness plans; the reports from these exercises concluded that there were gaps in preparedness for epidemic outbreaks. Germany also simulated an influenza pandemic exercise in 2007 called LÜKEX 07, to train cross-state and cross-department crisis management (Bundesanstalt Technisches Hilfswerk, 2007). In 2017 within the context of the G20, Germany ran a health emergency simulation exercise with WHO and World Bank representatives to prepare for potential future pandemics (Federal Ministry of Health et al., 2017). Prior to COVID-19, only the UK had expert groups, notably the Scientific Advisory Group for Emergencies (SAGE), that was tasked with providing advice during emergencies. It had been used in previous emergency events (not exclusively limited to health). In contrast, none of the other countries had a similar expert advisory group in place prior to the pandemic. COVID-19 waves in 2020 All five countries experienced two waves of infection in 2020. The first wave occurred during the first half of the year and peaked after March 2020. The second wave arrived during the final quarter. Norway consistently had the lowest number of SARS-CoV-2 infections per million. Germany’s counts were neither the lowest nor the highest. Sweden, Switzerland and the UK alternated in having the highest numbers per million throughout 2020. Implementation of measures to control the spread of infection In Germany, Switzerland and the UK, health policy is the responsibility of regional states, (Länders, cantons and nations, respectively). However, there was a strong initial centralized response in all five countries to mitigate the spread of infection. Later on, country responses varied in the degree to which they were centralized or decentralized. Risk communication In all countries, a large variety of communication channels were used (press briefings, websites, social media, interviews). Digital communication channels were used extensively. Artificial intelligence was used, for example chatbots and decision support systems. Dashboards were used to provide access to and communicate data.