Artykuły w czasopismach: „Administrative Decisions Tribunal”

1

Ferreira, Lydia Stewart. "PROCESS MATTERS - EMPIRICALLY EVALUATING ADMINISTRATIVE TRIBUNALS IN THE HEALTH SECTOR: THE QUESTIONABLE NEUTRALITY OF ADMINISTRATIVE TRIBUNAL PROCESS". Windsor Yearbook of Access to Justice 32, nr 1 (1.02.2015): 217. http://dx.doi.org/10.22329/wyaj.v32i1.4521.

Pełny tekst źródła

Streszczenie:

The health tribunal process is assumed to be neutral and allow for the tribunal’s focus to be on the parties’ legal arguments. This study quantitatively examined approximately 400 decisions over a five-year period to determine whether or not health tribunal hearings are neutral or whether the hearing process itself affects the tribunal’s decision independent of the parties’ legal arguments. Certain tribunal procedures affected tribunal decisions independent of legal arguments. This novel quantitative research matrix, which analysed cases over a five year time period, identified trends which are overlooked in traditional legal analysis of judicial review. Il est présumé que le processus d’audience du tribunal de la santé est neutre et permet au tribunal de se concentrer sur les arguments juridiques des parties. Cette étude porte sur l’analyse quantitative d’environ 400 décisions et s’est étendue sur une période de cinq années; elle visait à déterminer si les audiences du tribunal de la santé sont neutres ou non, ou si le processus d’audience même influence les décisions du tribunal indépendamment des arguments juridiques des parties. Cette nouvelle matrice de données quantitatives, qui a analysé des causes sur une période de cinq années, a permis de constater des tendances qui sont mises de côté dans les analyses juridiques traditionnelles du processus de contrôle judiciaire.

Style APA, Harvard, Vancouver, ISO itp.

2

Hansen, Peter C. "The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part II)". Law & Practice of International Courts and Tribunals 11, nr 3 (2012): 449–97. http://dx.doi.org/10.1163/15718034-12341236.

Pełny tekst źródła

Streszczenie:

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part two of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the role of general legal principles as a source of Tribunal law, particularly with respect to the Tribunal’s recent and extensive due process jurisprudence; and (ii) the role of external case law as a source of Tribunal law, including decisions from international courts, international administrative tribunals, international arbitral tribunals and national courts. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

Style APA, Harvard, Vancouver, ISO itp.

3

Lewis, Clive. "The Exhaustion of Alternative Remedies in Administrative Law". Cambridge Law Journal 51, nr 1 (marzec 1992): 138–53. http://dx.doi.org/10.1017/s0008197300016792.

Pełny tekst źródła

Streszczenie:

The application for judicial review is the primary means of challenging the legality of action taken by public bodies. Judicial review is not, however, the only avenue by which an individual may challenge a particular decision. Statute may create an appellate machinery to hear appeals against decisions of public bodies. There is a wide variety in the pattern of such schemes. There may be an appeal from a decision to a tribunal or other body, with a further right of appeal on a point of law or by way of case stated to the High Court or the Court of Appeal. Such mechanisms exist in a number of fields, most importantly in the field of revenue law, enforcement notices in planning law, decisions of inferior courts such as magistrates& courts, and social security law. There may be an appeal from a decision to an administrative tribunal or inferior court but with no right of appeal to the High Court, as in certain immigration cases where decisions may be appealed to an adjudicator and from him to the Immigration Appeal Tribunal. There may be an appeal from decisions to an administrative body such as a Secretary of State either with provision for appeal to the courts, as with appeals against refusals of planning permission by local authorities, or without any further right of appeal, as in the case of appeals against disciplinary decisions of chief constables.

Style APA, Harvard, Vancouver, ISO itp.

4

Kilian, Neels. "The Question is "Should Insurers Continuously Update Policyholder Records"? Insurance Law Requires the Principles of Administrative Law to Settle Disputes between the Policyholder and the Insurer". Potchefstroom Electronic Law Journal 22 (25.10.2019): 1–24. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a6386.

Pełny tekst źródła

Streszczenie:

It is possible to argue that the Financial Advisory Intermediary Services Ombud (hereafter FAIS Ombud) has jurisdiction to consider insurer's decisions not to update their internal administrative systems. The FAIS Ombud may therefore investigate such matters as a complaint as defined in section 1 of the Financial Advisory and Intermediary Services Act 37 of 2002 (hereafter the FAIS Act). On the other hand, upon any failure to investigate such complaints, the complainant may approach the Financial Services Tribunal, either to give directions to the FAIS Ombud regarding how to investigate the complaint or to replace this failure with the Tribunal's own investigation/reconsideration of a decision as regulated in section 8 of the Promotion of Administrative Justice Act 3 of 2000 (hereafter the PAJA). An administrative decision is defined in the Financial Sector Regulation Act 9 of 2017 (hereafter the FSRA) which includes the statutory ombud (example, FAIS Ombud) decisions, such as a decision not to investigate a complaint. When an insurer's decision is in fact an administrative decision, reference should also be made to the FSRA, i.e. an insurer's decision to debar an employee/representative or a decision not to update relevant policyholder records with new information. An insurer's decision not to update policyholder records is not part of this statutory regulation (FSRA) of what constitutes an administrative decision; nevertheless the PAJA could still be relevant to understand when these decisions could be considered a public function. Although the latter falls outside the scope of this article, the National Horse Racing Authority of Southern Africa v Cyril Naidoo 2010 3 SA 182 (N) is briefly discussed in this article with reference to a public function. In this article, the failure of the FAIS Ombud to investigate a policyholder's (hereafter client) complaint (the insurer is unwilling to update client records) is an administrative decision and it is specifically regulated by FSRA. For this reason, the relevance of the Financial Services Tribunal is discussed when the FAIS Ombud directs the complaint (or the client may also refer a matter in specific circumstances, as if the FAIS Ombud fails to investigate the matter within a reasonable time) to the Financial Services Tribunal for a reconsideration of the decision.

Style APA, Harvard, Vancouver, ISO itp.

5

Решота Reshota, Володимир Volodymyr. "Реформа адміністративної юстиції у Сполученому Королівстві Великої Британії та Північної Ірландії". Copernicus Political and Legal Studies 1, nr 2 (2022): 24–32. http://dx.doi.org/10.15804/cpls.20222.02.

Pełny tekst źródła

Streszczenie:

The article examines the essence and significance of the institution of administrative justice in the United Kingdom of Great Britain and Northern Ireland. It is noted that the modern Anglo-Saxon model of administrative justice emerged in the early twentieth century, creating a system different from continental European countries to protect the rights of citizens from decisions, actions and inaction of public administration and control them, which plays an important role in public administration. The lack of a unified theory of administrative justice, the chaotic creation of its bodies has led to different interpretations and understandings of the system of administrative justice. It is emphasized that today there is no consensus on the concept, nature and system of administrative justice in the United Kingdom, but a study of various theoretical concepts and opinions in this regard led to the conclusion that the main administrative justice bodies are special quasi-judicial institutions - tribunals. the bulk of administrative disputes in the field of public administration. It is substantiated that the Anglo-Saxon model of administrative justice is characterized by significant differences in the nature of its bodies, historical development, procedural features and so on. The administrative justice of the United Kingdom of Great Britain and Northern Ireland is represented by a system of tribunals empowered to deal with a range of matters concerning illegal decisions, acts or omissions of officials and public authorities. Such tribunals are quasi-judicial institutions that consider and resolve administrative disputes in a procedure that resembles the judiciary, but are not part of the judicial system of the state, thus forming separate bodies with specific functions. Today, the importance of tribunals is constantly growing, from temporary special purpose bodies they are becoming an important element of the justice system. Thus, in recent years, the United Kingdom has been reformed to improve the system of administrative justice, unify and develop common standards for their work. It is analyzed that in 2007, with the adoption of the Act on Tribunals, Courts and Enforcement Proceedings, which entered into force on November 3, 2008, a new period of administrative justice of the United Kingdom began. This law significantly reformed the organizational framework of the tribunal system, as well as created the preconditions for the convergence of the tribunal system and the courts in order to create a single mechanism for protecting the rights and freedoms of individuals. It was emphasized that the modern system of tribunals has ceased to be perceived as a temporary, additional way to protect the rights of the individual, and together with the courts has become an essential part of the system of protection of rights.

Style APA, Harvard, Vancouver, ISO itp.

6

Romli, Fariza, i Harlida Abdul Wahab. "Pelaksanaan Sistem Tribunal di Malaysia: Ke Arah Penambahbaikan". Kanun: Jurnal Undang-undang Malaysia 32, nr 2 (2.07.2020): 223–42. http://dx.doi.org/10.37052/kanun.32(2)no3.

Pełny tekst źródła

Streszczenie:

The existence of a tribunal system, in addition to helping to smooth the administration system, is considered as sharing power with the judiciary in making decisions. Thus arose the question of decision- making power and prevention of abuse by the administrative body. In line with the Sustainable Development Goals 2030 to ensure justice in support of effective, responsible and inclusive institutions, transparent and fair practices are essential for ensuring people’s trust in the administrative body and government. This paper, therefore, discusses the tribunal system and its implementation in Malaysia. In view of this, tribunal systems that exist in other countries, especially the United Kingdom, are also examined as models for improvement. Matters such as autonomy or control of power and the trial process are among the issues raised. Recommendations for improvement are proposed based on three basic principles—openness, fairness and impartiality—to further strengthen the implementation of the existing tribunal system in line with developments abroad.

Style APA, Harvard, Vancouver, ISO itp.

7

Morgan, James. "Securing the Administrative Appeals Tribunal’s independence: Tenure and mechanisms of appointment". Alternative Law Journal 43, nr 4 (15.11.2018): 302–8. http://dx.doi.org/10.1177/1037969x18790046.

Pełny tekst źródła

Streszczenie:

The Administrative Appeals Tribunal must be independent from inappropriate influence, and the perception of such influence, in order to effectively perform its duties of de novo merits review of government decisions. Drawing on recent controversies surrounding the Administrative Appeals Tribunal in 2017, this article concludes that the current mechanisms of Administrative Appeals Tribunal member reappointment exposes the Administrative Appeals Tribunal to a risk of inappropriate influence by the government of the day or at least a risk of public perception to that effect. After examining several possible reforms to minimise this risk, this paper proposes the creation of an independent reappointment committee for the Administrative Appeals Tribunal.

Style APA, Harvard, Vancouver, ISO itp.

8

Garant, Patrice. "Le devoir d'équité procédurale et le contrôle judiciaire ou quasi judiciaire de la procédure administrative". Les Cahiers de droit 23, nr 3 (12.04.2005): 587–624. http://dx.doi.org/10.7202/042509ar.

Pełny tekst źródła

Streszczenie:

The doctrine of « procedural fairness » is widening its scope of application to all kinds of administrative decisions. « Procedure » must, as a notion, therefore be clearly defined. The definitions given by the authors or by case-law make it difficult to distinguish between « procedure » and « merits ». The jurisprudence of the Commission de la Fonction publique du Québec, an appeal Tribunal under the Quebec Civil Service Act, is quite relevant since section 77 of the Act gives to the Commission jurisdiction to hear appeals when « the verification procedure of eligibility of candidates or the selection procedure was irregular or illegal ». The Commission, as a specialised expert appeal Tribunal, has adopted a very liberal approach of the concept of procedure. From that experience one may question the diserability of having the ordinary Courts of Justice control of the fairness of administrative procedure. If so, which of an Administrative Tribunal or a Superior Court is the appropriate forum to deal with procedural deficiencies within the administrative process? Up to now, Administrative Tribunals have done well in that field.

Style APA, Harvard, Vancouver, ISO itp.

9

Duplé, Nicole. "Nouvelles récentes de l'article 96". Les Cahiers de droit 18, nr 2-3 (12.04.2005): 315–33. http://dx.doi.org/10.7202/042168ar.

Pełny tekst źródła

Streszczenie:

When called upon, to ascertain the ambit of the application of section 96 of the B.N.A. Act (1867), our courts have devised a method of reasoning by historical analogy between different types of jurisdictions. In Tomko v. Labour Relations Board (N.S.) and al., the Supreme Court was given the opportunity to make a clear synthesis of the principles underlying such an approach. Although the Court's decision makes no innovations in this respect, it establishes clear guidelines to be followed by the judiciary when it shall next be called upon to pronounce itself on the constitutionnality of the conferral of jurisdiction upon inferior tribunals or provincial administrative organisms in the light of section 96. The Supreme Court is now hearing the appeal in P.g. du Québec et Tribunal des Transports v. Farrah. In that case, the Court of Appeal held that when the Transport Tribunal hears an appeal from the Transport Commission on questions of law only, it exercises a jurisdiction which is analogous to the superintending power of the Superior Court. The Court of appeal therefore considered that the judges of the Transport Tribunal fall under the application of section 96. If the Supreme Court were to confirm the appeal tribunal's decisions it most probably would also have to examin the constitutionnality of certain "privative" clauses; if it were to refuse to adopt the Court of appeal's view, it would render possible the establishment of an administrative appeal court whose judges would be nominated by the Province.

Style APA, Harvard, Vancouver, ISO itp.

10

Elliott, Mark, i Robert Thomas. "TRIBUNAL JUSTICE AND PROPORTIONATE DISPUTE RESOLUTION". Cambridge Law Journal 71, nr 2 (15.06.2012): 297–324. http://dx.doi.org/10.1017/s0008197312000505.

Pełny tekst źródła

Streszczenie:

AbstractThe tribunals system in England and Wales has been transformed by the entry into force of the Tribunals, Courts and Enforcement Act 2007; among other things, tribunals are now located more firmly and explicitly than ever before within the judicial branch. Questions concerning the relationship between tribunals and regular courts fall to be confronted afresh within this new institutional landscape. Those questions form the focus of this article, which is particularly concerned with the issue recently considered by the Supreme Court in Cart whether, and if so to what extent, decisions taken within the tribunals system (by the Upper Tribunal) should be susceptible to judicial review by the High Court. In Cart, emphasis was placed upon the concept of “proportionate dispute resolution” as a means by which to delimit regular courts' oversight of tribunals' decisions, raising fundamental questions both of legal doctrine (relating to the relevance of the orthodox doctrinal tools of administrative law) and legal policy (concerning the degree of error on the part of a tribunal that a higher court should tolerate in the interests of the efficient, or proportionate, use of judicial resources).

Style APA, Harvard, Vancouver, ISO itp.

11

Wiącek, Marcin. "Legal Position of Administrative Courts in Poland". International Community Law Review 23, nr 5 (10.11.2021): 526–39. http://dx.doi.org/10.1163/18719732-23050007.

Pełny tekst źródła

Streszczenie:

Abstract The article concerns the administrative judiciary in Poland. Firstly, the Author discusses the legal bases (in particular, the constitutional bases) and the scope of competence of Polish administrative courts, that is to say the ‘voivodeship’ administrative courts (courts of first instance) and the Supreme Administrative Court (court of second instance). Administrative courts in Poland are, in general, the “courts of cassation”, which means they may only control the legality of administrative decisions and may not determine the state of facts, nor replace administrative decisions by their judgments. Administrative courts are vested with the competence to apply the Constitution and they actively cooperate with the Constitutional Tribunal (in particular, by addressing ‘questions of law’ to the Tribunal). Secondly, the Author presents the scope of competence of the Commercial and Financial Chambers of the Supreme Administrative Court and considers selected legal problems in the administrative courts’ jurisprudence in commercial and financial cases.

Style APA, Harvard, Vancouver, ISO itp.

12

Morel, François. "Les fondements institutionnels du processus décisionnel de la Cour supérieure et de la Commission des affaires sociales". Les Cahiers de droit 27, nr 3 (12.04.2005): 647–483. http://dx.doi.org/10.7202/042764ar.

Pełny tekst źródła

Streszczenie:

Administrative justice implies a speedy resolution of a large number of cases, employing methods that are more informal, more accessible, and less costly than those which are inherent in the functioning of the traditional court system. Given these fundamental differences, the jurist can ask whether administrative tribunals, on the one hand, and traditional courts, on the other, arrive at similar judicial resolutions to similar legal problems. More pointedly, « Is administrative justice comparable in quality to that rendered by the traditional civil courts ? » This problem is addressed here through a methodical examination of the decision-making process, as employed by the Superior court of Quebec, and the Commission des affaires sociales, to give effect over the medium term (1976-1984) to two legal rules. A corpus of pertinent judgements and decisions is studied, with a view to discover how these rulings reflect the institutional and procedural differences underlying the decision-making process of the Superior court and of the Commission des affaires sociales. It is assumed that this process is the same for both institutions, and can be artificially fragmented and examined, in the light of the selected judgements and decisions. The result is a step-by-step, comparative commentary on the quality of justice as rendered by a traditional civil court and an administrative tribunal.

Style APA, Harvard, Vancouver, ISO itp.

13

Cabral, Flávio Garcia. "O princípio da eficiência administrativa na jurisprudência do TCU". Revista de Direito Administrativo 277, nr 1 (11.05.2018): 151. http://dx.doi.org/10.12660/rda.v277.2018.74805.

Pełny tekst źródła

Streszczenie:

The principle of administrative efficiency in TCU’s jurisprudence Este trabalho busca discorrer sobre como o princípio da eficiência administrativa vem sendo interpretado no bojo das decisões proferidas no Tribunal de Contas da União na ordem jurídica brasileira de 1988. Para tanto se apresentará a figura do Tribunal de Contas da União, com suas principais competências constitucionais, para, por meio da análise de decisões pontuais exaradas pelo TCU, compreender qual tem sido a interpretação trazida pela Corte de Contas à eficiência administrativa. This paper seeks to discuss how the principle of administrative efficiency has been interpreted in the decisions of the Brazilian Government Accountability Office in its legal system of 1988. To do so it will present the figure of the Brazilian Government Accountability Office, with its main constitutional powers, so that, through the analysis of its specific decisions, understand which has been the interpretation brought by the Brazilian Government Accountability Office for the principle of administrative efficiency.

Style APA, Harvard, Vancouver, ISO itp.

14

Śliwiński, Emil. "Strict liability Regime in Poland". Studia Iuridica 82 (2.03.2020): 294–308. http://dx.doi.org/10.5604/01.3001.0013.9792.

Pełny tekst źródła

Streszczenie:

The article focuses on administrative violations, which are considered to be based on strict (or objective) liability model. Due to the lack of in-depth scholarly analysis of administrative liability, its principles had to be developed in the case-law of the Constitutional Tribunal, which influences the decisions of administrative courts. The recently introduced provisions of the Code of Administrative Procedure concerning administrative monetary penalties are also analysed. The conformity of this model with the guarantees provided by the European Convention on Human Rights is examined, as well. The analysis leads to the conclusion that three exculpatory circumstances are recognized in this regime: force majeure, necessity and ensuring the standard of diligence established by the Constitutional Tribunal.

Style APA, Harvard, Vancouver, ISO itp.

15

Jastrzębski, Robert. "Dopuszczalność drogi sądowoadministracyjnej od orzeczeń Komisji Regulacyjnej ds. Polskiego Autokefalicznego Kościoła Prawosławnego". Zeszyty Prawnicze Biura Analiz Sejmowych 4, nr 68 (2020): 161–75. http://dx.doi.org/10.31268/zpbas.2020.82.

Pełny tekst źródła

Streszczenie:

The article contains a historical and legal outline, taking into account the evolution of the jurisprudence of the Constitutional Tribunal and the Supreme Administrative Court. The admissibility of initiating the judicial-administrative procedure against the decisions of the Regulatory Commission of the Polish Autocephalous Orthodox Church is closely related to the judgments of these bodies. The author concluded that, in accordance with the provisions of the Act on the State’s Relationship to the Polish Autocephalous Orthodox Church, the ruling of the Regulatory Committee should be recognized as an administrative decision issued in a single-instance procedure. Such a decision is a final one, against which a party has the right to lodge a complaint to a voivodeship (i.e. provincial) administrative court.

Style APA, Harvard, Vancouver, ISO itp.

16

Vargiu, Paolo. "From Advisory Opinions to Binding Decisions: The new Appeal Mechanism of the Un system of Administration of Justice". International Organizations Law Review 7, nr 2 (2010): 261–75. http://dx.doi.org/10.1163/157237410x543341.

Pełny tekst źródła

Streszczenie:

AbstractIn 2009 the United Nations launched a new two-tier system of administration of justice. The system is composed of two standing bodies, the United Nations Dispute Tribunal (UNDT) and the United Nations Appeals Tribunal (UNApT), the latter acting as an appeals mechanism against decisions of the UNDT. The former system foresaw the United Nations Administrative Tribunal (UNAT) as the sole body of administration of justice within the UN, while the International Court of Justice (ICJ) acted as review mechanism on the decisions of the UNAT. However, this review system was abolished in 1995 and, since then, no option was available to unsuccessful (or partially successful) staff members for having a UNAT judgment reviewed. The lack of any option for review led to criticisms and instances for reform of the whole system, which eventually led to the establishment of a Redesign Panel, which suggested the establishment of a two-tier system of administration of justice, with the aim of meeting the 'basic standards of due process established in international human rights instruments'. The recently established Appeals Tribunal should fill the gap created by the abolition of the ICJ competence to review the judgments rendered by the UNAT. This article evaluates the improvement to the system represented by the establishment of the United Nations Appeals Tribunal in three main steps. The first is the identification of the shortcomings of the previous review mechanism before the ICJ. The second is the overview of the problems of the former system of administration of justice within the UN. The third and final step is the analysis of the scope of jurisdiction of the new UNApT.

Style APA, Harvard, Vancouver, ISO itp.

17

Wehland, Hanno. "Domestic Courts and Investment Treaty Tribunals: The Effect of Local Recourse Against Administrative Measures on the Breach of Investment Protection Standards". Journal of International Arbitration 36, Issue 2 (1.04.2019): 207–29. http://dx.doi.org/10.54648/joia2019009.

Pełny tekst źródła

Streszczenie:

Investment treaty tribunals have repeatedly held that an investor’s failure to use available local remedies against administrative measures may reduce its chances of being successful in claiming that investment protection standards have been breached. At the same time, where an investor seeks local recourse against an administrative measure in the host State’s domestic courts and the measure is confirmed, a number of tribunals have taken the view that this confirmation can limit the review in a later investment treaty arbitration. The combined effect of these findings is that local remedies risk becoming simultaneously a requirement for and an impediment to successfully bringing claims under an investment treaty. This situation makes it difficult for investors to decide whether or not to pursue them. This article seeks to solve this conundrum by reassessing the relationship between investment treaty tribunals and domestic courts. It shows that the confirmation of an administrative measure by the courts of a host State can neither preclude a treaty tribunal from considering whether that measure breaches an investment treaty nor undo a treaty breach that already exists. It further suggests that proceedings in the domestic courts can breach an investment treaty even without amounting to a denial of justice. Finally, it argues that the decisions of the domestic courts of a host State should never have any binding effect for a treaty tribunal. By proposing clear rules in an area that has lent itself to a considerable amount of confusion in the past, the article aims to provide investors with much-needed certainty regarding the effect of local recourse.

Style APA, Harvard, Vancouver, ISO itp.

18

Garant, Patrice. "Les exigences de l'impartialité quasi-judiciaire". Chronique de jurisprudence 18, nr 2-3 (12.04.2005): 585–94. http://dx.doi.org/10.7202/042178ar.

Pełny tekst źródła

Streszczenie:

The Supreme Court decision commented upon is another important administrative law decision which relates to principles of natural justice, and especially to the nemo judex rule (freedom from bias). Speaking for the majority, Mr. Justice Laskin states that the function exercised by the National Energy Board under section 44 of the National Energy Board Act is quasi-judicial although it consists in issuing a licence according to an extensive discretionary power. Consequently, principles of natural justice must be applied. The nemo judex rule means that if there is a "reasonable apprehension of bias" due to the past behavior or actions of a member of a quasi-judicial tribunal, that member must be disqualified from acting. Otherwise, the decision rendered by the tribunal must be quashed. Two years before his appointment to the Board, the chairman of the National Energy Board had in fact participated actively in operations and decisions bearing on the very subject-matter subsequently submitted to the Board. That placed the chairman in a situation of conflict of interest, although he had no personal pecuniary interest in the matter involved. The majority of the Supreme Court dissagrees with Mr. Justice de Grandpré's dissent as well as with the decision of the Federal Court of Appeal. Each expresses a point of view which is worth reading. The majority of the Supreme Court applies to administrative boards or tribunals exercising quasi-judicial functions the same critérium as the one applied under the common law to any inferior court. Another remarkable judgment of our Supreme Court.

Style APA, Harvard, Vancouver, ISO itp.

19

Lowe, Vaughan, i Robin Churchill. "The International Tribunal for the Law of the Sea: Survey for 2001". International Journal of Marine and Coastal Law 17, nr 4 (2002): 463–84. http://dx.doi.org/10.1163/157180802x00189.

Pełny tekst źródła

Style APA, Harvard, Vancouver, ISO itp.

20

Lowe, Vaughan. "The International Tribunal for the Law of the Sea: Survey for 2000". International Journal of Marine and Coastal Law 16, nr 4 (2001): 549–70. http://dx.doi.org/10.1163/157180801x00225.

Pełny tekst źródła

Streszczenie:

AbstractThis instalment of the Survey considers the decisions in the Camoarco and Monte Confurco cases, the submission of the Swordfish (Chile/European Community) case to the ITLOS, and administrative developments within the Tribunal during the year 2000.

Style APA, Harvard, Vancouver, ISO itp.

21

Boyko, І. "Establishment and development of legal regulation administrative judiciary in the Republic of Poland". Uzhhorod National University Herald. Series: Law 1, nr 75 (22.03.2023): 16–20. http://dx.doi.org/10.24144/2307-3322.2022.75.1.2.

Pełny tekst źródła

Streszczenie:

The article analyzes the establishment and development of the legal regulation of administrative proceedings in the Republic of Poland. It is noted that the organization and activity of administrative proceedings in the restored Republic of Poland was based on two models: the previous Austrian administrative proceedings and the Prussian administrative proceedings. As a result, the formation of the Supreme Administrative Tribunal was foreseen in the Republic of Poland, which testifies to the significant influence of Western European traditions. The legal basis for its creation and activity was the law of August 3, 1922, the powers of which were specified by the regulations of the Supreme Administrative Tribunal. The competence of the Supreme Administrative Tribunal included the decision on the legality of decisions and orders in the sphere of governmental and self-governing administration. It was established that the restored Polish state, from the first days of its existence, began activities aimed at forming borders, state authorities, the army, law enforcement agencies, including the judiciary, namely the creation of an effective Polish judicial system and judiciary. It is described that the formation and development of the judicial system of the Second Polish-Lithuanian Commonwealth was a long process and included two stages, which can be divided into two stages using the characteristics of the functioning of various systems of judicial bodies, their adaptation to new socio-political conditions and the growth of deformations caused by the violation of democratic principles of the March Constitution of 1921 and the creation of a unified system of general courts and its reformation in the direction of anti-democratic principles. It has been established that the foundations of the judicial system in Poland are the Constitution of 1921, which recognized the courts as a separate branch of government, independent of the executive and legislative powers, which in practice was not always implemented. It is noted that a feature of the judicial system of the Republic of Poland was the introduction of administrative proceedings, the formation of which took place immediately after the restoration of the Polish state. Attention was drawn to the fact that after the Second World War until 1980 there was no separate administrative court in the Republic of Poland. Administrative justice was revived in Poland on September 1, 1980, when the High Administrative Court, established under the law of January 31, 1980, began to operate.

Style APA, Harvard, Vancouver, ISO itp.

22

Heckman, Gerald P. "Canada's Refugee Status Determination System and the International Norm of Independence". Refuge: Canada's Journal on Refugees 25, nr 2 (1.09.2008): 79–102. http://dx.doi.org/10.25071/1920-7336.26033.

Pełny tekst źródła

Streszczenie:

Refugee protection decisions engage migrants’ fundamental life, liberty, and security of the person interests. As a result, refugee protection claimants enjoy institutional and procedural rights under conventional international law. These include the right to a fair adjudication of their protection claims by an independent tribunal. To be independent, a tribunal must meet the formal guarantees of security of tenure, financial security, and administrative independence and must actually be independent, in appearance and practice, from the executive and legislature, particularly in the appointments process. Refugee protection decisions must be made by first instance adjudicative bodies that either fully comply with the requirements of tribunal independence or whose decisions are subject to subsequent review by a tribunal that meets these requirements and has sufficient jurisdiction over the merits of the dispute. The Canadian refugee protection system fails, in certain respects, to meet international standards of independence. The Canadian Immigration and Refugee Board’s Refugee Protection Division enjoys statutory, objective badges of independence and appears to operate independently of the executive. However, the independence of Canadian officials engaged in eligibility determinations and in pre-removal risk assessments is very much in question because they have a closer relationship to executive law enforcement functions.

Style APA, Harvard, Vancouver, ISO itp.

23

Wilsher, Daniel. "Achieving Better Decision-making in Competition Enforcement Cases: A Public Law Perspective on the Role of the Executive and the Courts". World Competition 30, Issue 2 (1.06.2007): 263–90. http://dx.doi.org/10.54648/woco2007018.

Pełny tekst źródła

Streszczenie:

This article seeks to examine from a public law perspective some of the problems of the executive-driven system of competition enforcement as it operates in the United Kingdom. The problems experienced in this jurisdiction provide lessons for other countries that employ executive enforcement. The author believes that the complexity of competition proceedings has a tendency to lead to the undermining of important constitutional and public law values. The practice of the Office of Fair Trading and the review of its competition decisions by the Competition Appeal Tribunal are assessed. The problems for litigants and courts caused by persistent and serious defects at the executive stage are emphasised. The current practice leads to too many poorly reasoned decisions. A comparison between US, EU and British practice demonstrates that models exist which better reconcile constitutional values with executive enforcement. The article proposes methods of improving the relationship between courts and executive agencies to improve practice. There are three main suggestions. First, that executive bodies must use internal referees, rather like the Administrative Law Judges at the Federal Trade Commission, to achieve higher standards of public administration in their decision-making. Second, that courts should move towards a speedy, cheap but searching judicial review of executive decisions to ensure they comply with good administrative law standards. Third, only where executive decisions satisfy these standards should courts then engage in detailed consideration of the economic merits of the case. Courts should not attempt to reconstruct executive decisions or processes that have failed because to do so merely perpetuates the problem and undermines the guarantee of good administration at the executive level.

Style APA, Harvard, Vancouver, ISO itp.

24

ALBA, Juan Fernando Durán, Ivan Aparecido RUIZ i Horácio MONTESCHIO. "OBRIGATORIEDADE DE OBSERVÂNCIA DO PRINCÍPIO DO JULGADOR NATURAL NA SINDICÂNCIA E NO PROCESSO ADMINISTRATIVO DISCIPLINAR: EFETIVAÇÃO DO DIREITO E GARANTIA FUNDAMENTAL COMO FORMA DE ACESSO À JUSTIÇA". Revista Juridica 1, nr 58 (7.04.2020): 353. http://dx.doi.org/10.21902/revistajur.2316-753x.v1i58.3836.

Pełny tekst źródła

Streszczenie:

RESUMO Objetivo: O presente artigo tem por objetivo fazer uma reflexão sobre a obrigatoriedade de observância do princípio do julgador natural também na sindicância e no processo administrativo disciplinar, como forma de efetivar o direito e garantia fundamental na consecução do acesso à Justiça. Metodologia: A proteção aos direitos fundamentais exerce forte influência na elaboração dos textos legislativos, não ficando restrita à sua abrangência as práticas do Poder Executivo. Desta forma, a proteção dos direitos fundamentais e sua aplicação imediata representa um dos baluartes do Estado Democrático de Direito, para tanto, as reflexões serão pautadas na legislação, doutrina e decisão dos tribunais do Brasil. Resultados: Conclui-se que não deve haver comissões temporárias ad hoc constituídas após os fatos faltos, devendo haver comissões permanentes constituídas na Administração Pública. As comissões temporárias ad hoc normalmente são verdadeiras “comissões de encomenda”, prejudicando os direitos e garantias fundamentais e também os princípios da Administração Pública; ou seja, o princípio da legalidade, o princípio da moralidade, o princípio da eficiência e o princípio da impessoalidade além de outros princípios, como o princípio do devido processual legal e o princípio da segurança jurídica. Sem a observância desses princípios, não se pode tratar sobre o acesso à justiça de forma plena, útil e eficiente em que haja Justiça nas decisões. Contribuições:O entendimento claro sobre a inexistência do juízo ou tribunal de exceção no Brasil, bem como a possibilidade de aplicação do princípio do juiz natural na sindicância e no processo administrativo disciplinar. A Constituição da República Federativa do Brasil de 1988, no seu art. 5°., inc. XXXVII, afirma que não haverá juízo ou tribunal de exceção. Em virtude desta norma, a contrario sensu, decorre o princípio do juiz natural. Muitos estudiosos do Direito entendem que essa norma só se aplica ao processo judicial. No entanto, defende-se, no presente texto, que o referido princípio coexiste no processo administrativo e deve ser observado obrigatoriamente na sindicância e no processo administrativo disciplinar, devendo a comissão que desenvolverá toda atividade processual, principalmente a fase de instrução, ser constituída antes da ocorrência dos fatos apontados como infrações disciplinares e sujeitas à sanção administrativa. Palavras-chave: princípio do juiz natural; sindicância e processo administrativo disciplinar; comissão nomeada previamente; nulidade processual; violação de direito e garantia fundamental. ABSTRACT Objective: To reflect on the mandatory observance of the principle of the natural judge also in the investigation and in the disciplinary administrative process as a way of making the right and fundamental guarantee in achieving access to Justice. Methodology: The protection of fundamental rights has a strong influence on the drafting of legislative texts and the practices of the Executive Power are not restricted to its scope. The protection of fundamental rights and their immediate application represents one of the fundamentals of the Democratic State of Law, therefore the reflections will be guided by the legislation, doctrine and decision of the courts of Brazil. Results: There should be no temporary ad hoc commissions constituted after the fault facts; there must be permanent commissions constituted in the Public Administration. Temporary ad hoc commissions are usually true "commission orders", undermining fundamental rights and guarantees and also the principles of Public Administration; that is, the principle of legality, the principle of morality, the principle of efficiency and the principle of impersonality in addition to other principles, such as the principle of due process of law and the principle of legal certainty. Without the observance of these principles it is not possible to deal with access to Justice in a full, useful and efficient way in which there is justice in decisions. Contributions:A clear understanding of the absence of an exception court or tribunal in Brazil, as well as the possibility of applying the principle of the natural judge in the investigation and in the disciplinary administrative process. The Constitution of the Federative Republic of Brazil of 1988 in its article 5, paragraph XXXVII, states that there will be no exception court or tribunal. By virtue of this rule, in contrario sensu, the principle of the natural judge arises. Many law scholars understand that this rule only applies to judicial proceedings. However, it is defended in this paper that such principle co-exists in the disciplinary administrative process; the commission that will develop all procedural activity, mainly the investigation phase, will be constituted before the occurrence of the facts identified as disciplinary infractions and subject to administrative sanction. Keywords: principle of the natural judge; investigation and disciplinary administrative proceedings; previously appointed commission; procedural nullity; violation of rights and fundamental guarantee.

Style APA, Harvard, Vancouver, ISO itp.

25

Lis-Staranowicz, Dorota, i Katarzyna Miaskowska-Daszkiewicz. "Glosa do Wyroku Trybunału Konstytucyjnego z dnia 23 listopada 2022 r., sygn. akt SK 113/20". Przegląd Sejmowy 5(178 (2023): 185–99. http://dx.doi.org/10.31268/ps.2023.213.

Pełny tekst źródła

Streszczenie:

The commented judgement was issued in a case initiated by a constitutional complaint and concerns the right to possess arms. However, this entitlement is not the crux of the constitutional problem. It is only the background to the main issue, which is the right to good administration. In its judgement of 23 November 2022, ref. no. SK 113/20, the Constitutional Tribunal confirmed that Article 2 of the Constitution of the Republic of Poland guarantees everyone the right to good administration, which is a subjective right and is fully enforceable by means of a constitutional complaint. According to the Constitutional Tribunal, the right to good administration is procedural in nature and is equivalent to the right to a fair trial. The administrative procedure, and in particular the legal rules governing them, must guarantee the party concerned: a) a full and thorough examination of the circumstances relevant to the resolution of the case; b) the right to be heard, i.e. the right to present and defend one’s arguments; c) the examination of the case within a reasonable period of time; d) justification of the decisions taken by the public authorities; e) the right to appeal against the decisions taken at first instance (judgement SK 113/20).

Style APA, Harvard, Vancouver, ISO itp.

26

Ostrowska, Anna. "The Legal Nature of Subsidy Relations Between the State and the Local Government in the Light of the Case Law of the Constitutional Tribunal and Courts". Teka Komisji Prawniczej PAN Oddział w Lublinie 17, nr 1 (26.06.2024): 189–207. http://dx.doi.org/10.32084/tkp.8559.

Pełny tekst źródła

Streszczenie:

In the discourse on the reform of the finances of local government units in Poland, which has been ongoing since the beginning of 2024, there has been a proposal to abolish the historical division of local government tasks into their own tasks and the state government administration tasks assigned to local government units. This postulate, which is quite surprising from the constitutional point of view, becomes particularly justified after analysing the long-term subsidy disputes between the state (State Treasury) and local government units of all levels (lasting since the beginning of the first local government reform in 1990). It can be assumed that the above postulate appeared as a response to numerous rulings of common courts, administrative courts and the Constitutional Tribunal on targeted subsidies granted to local government units from the state budget, most of which, unfortunately, were unfavourable to these units. In particular, the case law on targeted subsidies for public administration tasks, despite the commission nature of these subsidies, has systematically revealed and confirmed the strong inequality of the parties to the subsidy legal relationship between the state and local government. This has led to a widespread acceptance of the phenomenon of co-financing of the costs of the implementation of state tasks by local governments and, at the same time, to a general discussion on the legal admissibility of such co-financing. The purpose of the article is to analyse the legal nature of the subsidy relations between the state and local governments and to indicate the direction of their urgent reform (modification). The above analysis was carried out on the example of targeted subsidies granted to Polish local government units for the implementation of tasks delegated (commissioned) from the scope of state administration – based on court decisions and the case law of the Constitutional Tribunal made in this regard. The analysis used a dogmatic method (literature research) and an empirical method based on the study of judgments and decisions of administrative courts, common courts and the Constitutional Tribunal.

Style APA, Harvard, Vancouver, ISO itp.

27

Sainsbury, Roy. "Whatever happened to the reform of decision making and appeals?" Benefits: A Journal of Poverty and Social Justice 12, nr 1 (luty 2004): 8–12. http://dx.doi.org/10.51952/jqtz6356.

Pełny tekst źródła

Streszczenie:

The latest reform of social security decision making and appeal arrangements took place over the period 1997 to 1999 through a combination of primary legislation, new regulations and internal administrative changes. The aims of the reforms were to improve the processes for decisions and appeals, to produce a less complex, more accurate and cost-effective system for making and changing decisions, and to preserve claimants’ rights to an independent review of decisions in appropriate cases. This article looks at the evidence base for evaluating the effects of the reforms and for assessing whether they have delivered their promise of improved decision making and appeals. The conclusion is reached that the evidence base for evaluation is actually weak. What information does exist is not sufficiently transparent. There is a major gap in knowledge about the experiences of social security claimants and tribunal appellants after the reforms, which needs to be seriously addressed.

Style APA, Harvard, Vancouver, ISO itp.

28

Mensah, Thomas A. "The International Tribunal for the Law of the Sea". Leiden Journal of International Law 11, nr 3 (wrzesień 1998): 527–46. http://dx.doi.org/10.1017/s0922156598000387.

Pełny tekst źródła

Streszczenie:

The International Tribunal for the Law of the Sea is one of the “compulsory procedures entailing binding decisions” provided for in Article 287 of the Convention. The Tribunal is established by Annex VI to the Convention which is its Statute. Within the Tribunal is established the Seabed Disputes Chamber which has jurisdiction to deal with respect to deep-sea mining activities covered by Part XI of the Convention.The Tribunal performs three different but closely related functions. The first is to offer a forum of choice for states parties to the Convention to settle disputes concerning the interpretation or application of the provisions of the Convention. The second function is to provide a special, and largely mandatory, procedure for dealing with disputes in connection with the interpretation and application of the provisions of Part XI of the Convention. This is the function of the Seabed Disputes Chamber. The Chamber also has competence to give advisory opinions on legal questions arising within the scope of the activities of the Assembly and Council of the International Seabed Authority. Thirdly, the Tribunal serves as a residual and compulsory mechanism for the settlement of certain disputes identified by the Convention as requiring expeditious decision, such as applications for the prompt release of arrested vessels and crew or requests for the prescription of provisional measures pending final decisions in cases. The Tribunal may also deal with disputes arising under other maritime agreements, if the agreements so provide.The Tribunal commenced operations in October 1996. It has completed organizational work for its administrative judicial functions. It has adopted its Rules, the Resolution on the Internal Judicial Procedure and Guidelines to assist parties appearing before it. It has also established special Chambers. The Tribunal has already dealt with one application for the prompt release of a vessel and crew arrested in a foreign port and one request for provisional measures. Proceedings are in progress on the merits of the first case submitted to it.

Style APA, Harvard, Vancouver, ISO itp.

29

Konarski, Marcin. "Obowiązek dostarczania mieszkań na potrzeby osób wojskowych i cywilnych w latach 1919–1925 w świetle ustawodawstwa i orzecznictwa Najwyższego Trybunału Administracyjnego". Krakowskie Studia z Historii Państwa i Prawa 14, nr 2 (2021): 153–87. http://dx.doi.org/10.4467/20844131ks.21.012.13520.

Pełny tekst źródła

Streszczenie:

The Obligation to Provide Housing for Military and Civilian Use between 1919 and 1925 in Light of the Legislation and Judicial Decisions of the Supreme Administrative Tribunal In connection with the dramatic shortage of residential accommodations in the first years of Polish statehood after the regaining of independence in 1918, the way to guarantee their provision for military personnel (officers and married non-commissioned officers) and civilians (state and local government officials) was a statutory obligation to provide them by means of legal administrative coercion. The aim of this article is to analyse issues relating to the requisitioning of flats, and in particular, to analyse the sources of legislation in this area at that time, and judicial decisions of the administrative court with regard to complaints made to this court in cases concerning these requisitions.

Style APA, Harvard, Vancouver, ISO itp.

30

Lavrijssen, Saskia A. C. M. "What Role for Administrative Courts in Granting Effective Legal Protection in the Energy Sector?" European Energy and Environmental Law Review 23, Issue 6 (1.12.2014): 219–32. http://dx.doi.org/10.54648/eelr2014020.

Pełny tekst źródła

Streszczenie:

This article develops a normative framework for assessing the role of the national administrative courts in reviewing regulatory decisions involving complex legal and economic assessments in the energy sector. It elaborates in a detailed way the requirements that follow from the EU law principle of effective legal protection that should be respected by the national courts. By way of illustration, it assesses an important judgment of the highest administrative court for energy cases in the Netherlands - the Trade and Industry Appeals Tribunal (hereafter: CBB) - in light of the principle of effective legal protection.

Style APA, Harvard, Vancouver, ISO itp.

31

Dzikovskiy, Maksym. "Austrian judicial system of 1867". Law Review of Kyiv University of Law, nr 3 (10.11.2020): 60–64. http://dx.doi.org/10.36695/2219-5521.3.2020.09.

Pełny tekst źródła

Streszczenie:

The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on JudicialPower of December 27, 1867, requirements for individuals who wanted to become judges.The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higherregional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.Judges were appointed for life by the emperor or relevant officials on his behalf. At the time of their appointment, they took anofficial oath and an oath to strictly abide by the constitution and laws of Austria-Hungary. All decisions were made on behalf of theemperor. Judges were recognized as free and independent in their decisions. In 1908, in Eastern Galicia, 63.8 % of judges were of Polishnationality and 31.8 % were Ukrainians. From 1870 in Eastern Galicia there was one higher legal court in Lviv and 5 district judges,and from the beginning of the XX century 10 district judges.The functions and powers of the Supreme Judicial and Cassation Tribunal in Vienna (the State Tribunal), which was the highestcourt in Austria, are highlighted. The competence of cases in which the State Tribunal made decisions as a court of first instance andthe procedure for their consideration are analyzed. The procedure of formation of the composition of the State Tribunal is covered.Along with the State Tribunal, the Administrative Tribunal was functioning in Austria, created on the basis of the law adopted bythe Austrian Parliament in 1875. The structure, powers and functions of the High Regional Courts, District Courts and County Courtsare analyzed. The peculiarities of the functioning of the Austrian judicial system in Galicia in 1867–1918 are highlighted.

Style APA, Harvard, Vancouver, ISO itp.

32

Smoleń, Paweł, i Marzena Świstak. "The taxation of post-mining pits. An endless controversy?" Nieruchomości@ Specjalne, nr V (15.12.2021): 173–83. http://dx.doi.org/10.5604/01.3001.0015.5830.

Pełny tekst źródła

Streszczenie:

The problem of taxation of post-mining pits seems to be gaining the features of a traditional, even "cult" issue, which in a rotating manner runs through the practice of tax authorities and administrative courts. In the face of constantly growing doubts the Constitutional Tribunal issued an interpretative verdict which is of breakthrough significance for the practice of taxing post-mining pits. First and foremost it resolved the fundamental dilemma concerning the post-mining pits in both the physical and comprehensive sense, determining that as such it does not constitute an object of taxation. Unfortunately, the interpretative judgment of the Constitutional Tribunal did not end the dispute between taxpayers and tax authorities. Moreover, referring to the content of the aforementioned judgment, a constitutional complaint was raised on 23 April 2019 (SK 80/19) arguing that the practice of administrative courts still violates the norms of substantive law, but also the rules of pro-constitutional interpretation presented in the judgment of the Constitutional Tribunal of 13 September 2011. (P 33/09). When considering the complaint, the Constitutional Tribunal noticed the indicated deficiencies (lack of unambiguity and precision) in the construction of the legal norm encoded in the provision defining the notion of a structure as an object of property tax and issued a signalling decision. In this context, the main research objective was to present and analyse the problem and to formulate de lege ferenda conclusions. In this context, it seems justified to formulate a hypothesis that, despite its significant substantive meaning (putting in order, to a significant extent, the issue of taxation of mine workings), the judgment of the Constitutional Tribunal of 13 September 2011 is not sufficient for uniform shaping of the tax practice. This is because it does not resolve all the dilemmas in this scope and directly leads to the emergence of fundamental divergences in judicial-administrative and tax bodies' decisions. As a result of the verification of the research hypothesis, the authors accepted the main thesis that it seems justified to carry out a proper amendment, which in a clear and unambiguous way will determine the subject scope of taxation. The article uses the following research methods: dogmatic and historical.

Style APA, Harvard, Vancouver, ISO itp.

33

Krawczyk, Michał. "Declaration of invalidity of a resolution or order of local government body as one of the measures of supervision over local authority". Zeszyty Naukowe Uniwersytetu Przyrodniczo-Humanistycznego w Siedlcach. Seria: Administracja i Zarządzanie 51, nr 51 (18.08.2020): 41–47. http://dx.doi.org/10.34739/zn.2020.51.05.

Pełny tekst źródła

Streszczenie:

In this article, basing on normative regulations, judicial decisions of administrative courts and of Constitutional Tribunal and literature of the subject, the analysis of one of the means of supervision over local government was made, which is the Voivode having possibility to state the invalidity of a resolution or order of local government body. Although the legislator equipped the local government with a significant degree of autonomy and independence - legal, judicial, financial, organizational - it did subject the lawfulness of legal acts established by local government bodies to control by government administration bodies and provided for the possibility of declaring them null and void. The article analyses the provisions concerning the circumstances and procedures for the application of such a supervision measure and its implementation as well as the issue of appealing the analysed supervision measure to the administrative court.

Style APA, Harvard, Vancouver, ISO itp.

34

Smith-Khan, Laura. "Telling stories: Credibility and the representation of social actors in Australian asylum appeals". Discourse & Society 28, nr 5 (9.06.2017): 512–34. http://dx.doi.org/10.1177/0957926517710989.

Pełny tekst źródła

Streszczenie:

To secure protection in the global North, asylum-seekers must overcome restrictive government policies and present a convincing refugee narrative. Their credibility becomes their main asset and must survive the multiple challenges arising from intercultural communication and interactions involving multiple institutional actors. Aiming to explore the impact institutional understandings of refugee narrative creation have on credibility assessment, I present the findings of an analysis of a corpus of documents from the Australian tribunal responsible for the administrative review of asylum decisions. I critically analyse these texts to identify how the tribunal and its agents discursively present the various actors involved in asylum appeals. I argue that despite the cautions of existing scholarship, these texts present the asylum-seeker as the sole author of the final refugee narrative, regardless of the role that decision-makers and other actors, such as lawyers and interpreters, play in its co-construction. Thus, the institution places disproportionate responsibility on the asylum-seeker for communication outcomes, creating significant challenges for their credibility.

Style APA, Harvard, Vancouver, ISO itp.

35

Raymundo, Philippe. "INCLUSÃO DO TRIBUNAL MARÍTIMO NA CONSTITUIÇÃO FEDERAL". Revista Científica Semana Acadêmica 9, nr 205 (16.09.2021): 1–23. http://dx.doi.org/10.35265/2236-6717-205-9128.

Pełny tekst źródła

Streszczenie:

The purpose of this article was to deal with the attributions of the Maritime Court (TM) to judge the accidents and facts of navigation, as well as to show the administrative procedures, since the establishment of the Incident to Investigate Accidents and Facts of Navigation (IAFN ) until its judgment in the TM, in accordance with the provisions of Law No. 2,180 of February 5, 1954 - Organic Law of the Maritime Court, whose main objective was to contribute to the presentation of a proposal for inclusion of the Maritime Tribunal in Federal Constitution. Topics on the history, definition, timeliness, competence, jurisdiction and composition of the Maritime Court were discussed, as well as presenting the most common causes of accidents and incidents in navigation, the most frequent cases in which they occur, the the validity of TM decisions for the Judiciary, the procedural process in TM, the registration of maritime property in Brazil, the competence and attributions of the Special Prosecutor's Office of the Navy and, finally, the submission of a proposal for inclusion of the Maritime Tribunal in the Federal Constitution .

Style APA, Harvard, Vancouver, ISO itp.

36

COBREROS MENDAZONA, EDORTA. "UN ASUNTO SIN RESOLVER: LA CUESTIONADA CONSTITUCIONALIDAD DE LA IRRECURRIBILIDAD ANTE LA JURISDICCIÓN CONTENCIOSO-ADMINISTRATIVA DE LAS RESOLUCIONES DE LA COMISIÓN ARBITRAL". RVAP 81, nr 81 (1.08.2008): 169–77. http://dx.doi.org/10.47623/ivap-rvap.81.2008.06.

Pełny tekst źródła

Streszczenie:

Planteada una cuestión de constitucionalidad relativa al sistema legalmente establecido para las Resoluciones que dicta la Comisión Arbitral, al haber desistido la demandante de su recurso contencioso-administrativo, el Tribunal Constitucional declara aquélla extinguida y no se pronuncia sobre el fondo de la cuestión. Arbitraje Batzordeak ematen dituen Ebazpenetarako legez ezarritako sistemari buruzko konstituzionaltasun-auzia jarri ondoren, erreklamazio-egileak administrazioarekiko auzi-errekurtsori uko egin dionez, Konstituzio Auzitegiak hura amaitutzat jotzen du, eta ez du erabakirik hartzen auziaren funtsari buruz. Lodged a preliminary question on the constitutionality of the legal system established for the Decisions adopted by the Arbitration Commission, because the petitioner had abbandoned the contentious-administrative action, the Constitutional Court stated that the preliminary question was already abatted and did not deliver judgment on the merits.

Style APA, Harvard, Vancouver, ISO itp.

37

ZÚÑIGA GONZÁLEZ, ROLANDO WOTZBELÍ. "LA ARGUMENTACIÓN JURÍDICA EN LA MOTIVACIÓN DE DECISIONES DISCRECIONALES DE CARÁCTER CAUTELAR. UN ESTUDIO A PROPÓSITO DEL PROCESO CONTENCIOSO ADMINISTRATIVO EN GUATEMALA". Alétheia 1, nr 1 (22.02.2023): 143–86. http://dx.doi.org/10.32870/aletheia.v1i01.10.

Pełny tekst źródła

Streszczenie:

En este trabajo reflexiono acerca del tipo de discrecionalidad que tienen los tribunales contencioso-administrativos al momento de otorgar protección cautelar. A partir de una sentencia de la Corte de Constitucionalidad de Guatemala, analizo el concepto de discrecionalidad y pongo en evidencia que el carácter discrecional de esta clase de actos es bien distinto de una mera libertad decisoria. Lo anterior me lleva a afirmar, finalmente, que las herramientas que proporciona la teoría de la argumentación jurídica son útiles para controlar la razonabilidad de este tipo de actuaciones judiciales. En particular, sostengo que el control sobre tales decisiones es posible en tanto que: i) cabe examinar la apreciación que el tribunal lleva a cabo respecto de la concurrencia de las condiciones de aplicación de la protección cautelar (tanto en lo que atañe a la interpretación de las exigencias que de estos presupuestos se derivan para el justiciable, como en lo relativo a la apreciación de la prueba para demostrar su existencia); y ii) es posible evaluar la ponderación realizada entre los distintos medios disponibles para alcanzar el fin prescrito en la norma, especialmente, en lo que respecta a la necesidad, idoneidad, proporcionalidad y razonabilidad de la medida que ha sido adoptada.

Style APA, Harvard, Vancouver, ISO itp.

38

Issalys, Pierre. "Regards sur le droit administratif suisse". Les Cahiers de droit 19, nr 3 (12.04.2005): 703–79. http://dx.doi.org/10.7202/042262ar.

Pełny tekst źródła

Streszczenie:

Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.

Style APA, Harvard, Vancouver, ISO itp.

39

Forsyth, Christopher. "ARTICLE 6(1) OF THE EUROPEAN CONVENTION AND THE CURATIVE POWERS OF JUDICIAL REVIEW". Cambridge Law Journal 60, nr 3 (21.11.2001): 441–92. http://dx.doi.org/10.1017/s0008197301231195.

Pełny tekst źródła

Streszczenie:

The European Convention on Human Rights and Fundamental Freedoms makes no mention of any right to procedural justice in the making of administrative decisions. Any protection for such rights must be found in Article 6(1) which provides that in the determination of their “civil rights and obligations … everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”. But Article 6(1) was originally intended to apply to the determination of private law rights only and not to public law matters (see Le Compte, Van Leuven and De Meyere v. Belgium (1981) 4 E.H.R.R. 1, 36 (Sir Vincent Evans, dissenting); Konig v. Germany (1978) 2 E.H.R.R. 170 (Matscher J., dissenting)). The article plainly envisages judicial proceedings, and there are obvious difficulties in applying it straightforwardly to administrative proceedings.

Style APA, Harvard, Vancouver, ISO itp.

40

Świstak, Marzena. "Obudowa górnicza jako odrębny od wyrobiska obiekt – konstrukcja oporowa, podlega opodatkowaniu podatkiem od nieruchomości. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 10 stycznia 2020 r. (II FSK 532/18, LEX nr 2777589)". Studia Iuridica Lublinensia 30, nr 1 (31.03.2021): 429. http://dx.doi.org/10.17951/sil.2021.30.1.429-440.

Pełny tekst źródła

Streszczenie:

The author agrees with the Supreme Administrative Court’s judgement that has been glossed. The mining support may be classified as a separate to post-mining pit retaining structure and is subjected to the property tax. In 2011, the Constitutional Tribunal issued an interpretative judgement which is of crucial importance for the practice of the taxation of post-mining pits. First and foremost, it resolved the fundamental dilemma concerning the post-mining pit, deciding that as such a post-mining pit does not constitute the subject of taxation. The situation is different in the case of infrastructure located in underground post-mining pits, e.g. mining support. The analysis of the most recent judicial decisions shows that the issue mentioned still provokes numerous difficulties. The gloss thoroughly analyses the latest judicial decisions of administrative courts through the prism of the negative consequences for the legal situation of taxpayers. Undoubtedly the necessity to carry out a proper amendment seems justified. Such an amendment would in a clear, unambiguous manner determine the legislator’s will in the area of the taxation of post-mining pits.

Style APA, Harvard, Vancouver, ISO itp.

41

Lemieux, Denis, i Esther Savard. "Vers une judiciarisation du Conseil des ministres?" Les Cahiers de droit 26, nr 2 (12.04.2005): 361–402. http://dx.doi.org/10.7202/042669ar.

Pełny tekst źródła

Streszczenie:

In Canada on the federal and provincial levels, the Cabinet plays a powerful role as the supreme administrative agency. Unlike its British counterpart, a more conventional body, Canadian cabinets are invested with wide-ranging statutory powers of decision. In this capacity, the Cabinet makes decisions affecting the rights of individuals, groups and corporations. Under the duty to act fairly according to rules developed in British and Canadian caselaw, the Cabinet should, in such circumstances, be required to act quasi judicially. However, as a political entity, the Cabinet can hardly be characterized as a tribunal and the courts hesitate to impose an adversary system upon such an institution. Nevertheless, in several instances, Canadians have had the power to assert that the Cabinet act fairly when dealing with individual rights. The advent of charters of right is another incentive to treat the Cabinet as any agency of the Crown or other public authority bound by the principles of fundamental justice. The authors submit that this legal development may modify cabinets' decision-making powers and make them more open to external representations.

Style APA, Harvard, Vancouver, ISO itp.

42

Swart, Bert. "Settling Criminal Cases Without a Trial". Israel Law Review 31, nr 1-3 (1997): 223–44. http://dx.doi.org/10.1017/s0021223700015296.

Pełny tekst źródła

Streszczenie:

According to Article 13 of the International Covenant on Civil and Political Rights and Article 6 of the European Convention on Human Rights everyone is entitled to a fair and public hearing by an independent and impartial tribunal in the determination of any criminal charge against him. The essence of both provisions could be rephrased by saying that criminal sanctions may only be imposed on a person by an independent and impartial tribunal and only if that person has been able to defend himself against a charge during a hearing that satisfies all requirements of a fair trial.Realities, of course, are rather different. In almost all national systems of justice there is an increasing tendency to develop procedures that allow for imposing sanctions without the necessity of a criminal trial. Their main purpose is usually to relieve the system of a burden of cases with which it cannot really cope. Basically, there are two strategies to reduce the workload of courts and public prosecutors. The first is to invite the suspect to waive his right to trial in exchange for certain favours. This usually occurs in the form of an agreement between the public prosecutor and the suspect, while quite often the cooperation of the court that would have tried the case is also required. The second solution is to grant sanctioning powers to administrative bodies and to allow individual persons an appeal against their decisions to an independent and impartial tribunal.

Style APA, Harvard, Vancouver, ISO itp.

43

Parra, Antonio R. "Three Approaches to Challenges of ICSID Arbitrators for Manifest Lack of Reliability for Independent Judgment". BCDR International Arbitration Review 6, Issue 1 (1.06.2019): 27–46. http://dx.doi.org/10.54648/bcdr2021003.

Pełny tekst źródła

Streszczenie:

Article 14(1) of the ICSID Convention sets forth certain qualities that all ICSID arbitrators must possess. They must, in the words of Article 14(1), be “persons of high moral quality and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment.” In accordance with Article 57 of the ICSID Convention, a party may propose the disqualification of an arbitrator—or in briefer terms, challenge him or her— “on account of any fact indicating a manifest lack of the qualities required” by Article 14(1). Pursuant to Article 58 of the Convention, the decision on a proposal to disqualify an arbitrator will be taken by the other members of the tribunal, unless they are equally divided or the proposal relates to a sole arbitrator or the majority of the arbitrators, in which cases the decision will be taken by the Chairman of the Administrative Council of ICSID (the President of the World Bank). Parties to ICSID Convention arbitration cases have frequently set in motion the challenge procedures of Articles 57 and 58. Proposals to disqualify arbitrators have been made in over 100 such cases. About a quarter of the disqualification proposals have been met by resignations of the challenged arbitrators. Almost all the other proposals have been rejected by decision of the unchallenged arbitrators or of the Chairman of the Administrative Council.The decided proposals all apparently sought disqualification owing to a supposed manifest lack of reliability for independent judgment. The decisions themselves, however, have taken different approaches to the standard to be applied for disqualification, that there be a fact indicating a manifest lack of the required quality.Three main approaches can be discerned from the cases.They are examined in this article through the lenses of the individual decisions that inaugurated or prominently reinforced the respective approaches.Albeit in varying degrees, the approaches identified with these decisions have each highlighted a weakness of the disqualification procedures of the ICSID Convention, that they may less adequately guarantee arbitral independence than the corresponding procedures of leading international commercial arbitration systems. A concluding part of the article considers the scope for addressing the problem through amendments of the ICSID Arbitration Rules.

Style APA, Harvard, Vancouver, ISO itp.

44

Sossin, Lorne, i Zimra Yetnikoff. "I CAN SEE CLEARLY NOW: VIDEOCONFERENCE HEARINGS AND THE LEGAL LIMIT ON HOW TRIBUNALS ALLOCATE RESOURCES". Windsor Yearbook of Access to Justice 25, nr 2 (1.02.2007): 247. http://dx.doi.org/10.22329/wyaj.v25i2.4614.

Pełny tekst źródła

Streszczenie:

Videoconferencing has generated ambivalence in the legal community.Some have heralded its promise of unprecedented access to justice,especially for geographically remote communities. Others, however, havequestioned whether videoconferencing undermines fairness. The authorsexplore the implications of videoconferencing through the case studyof the Ontario Landlord and Tenant Tribunal, which is one of thebusiest adjudicative bodies in Canada. This analysis highlights concernsboth with videoconferencing in principle and in practice. While suchconcerns traditionally have been the province of public administration,the authors argue that a tribunal’s allocation of resources and thesuffi ciency of its budget are also core concerns of administrative law.Administrative law reaches beyond conventional doctrines of proceduralfairness on the one hand and substantive rationality on the other. Howthe legislature structures and funds decision-making bodies is not just amatter of political preference but also of legal suffi ciency. The commonlaw, the Charter of Rights, and unwritten constitutional principles suchas the rule of law and access to justice all provide potential constraintsboth on governments and tribunals as to the organization and conductof adjudicative hearings, especially in settings like the Landlord andTenant Tribunal, where the rights of vulnerable people are at stake.While a challenge to the videoconferencing practices of the Landlordand Tenant Tribunal has yet to be brought, the authors conclude thateventually the intersection of tribunal resources with the fairness andreasonableness of that tribunal’s decision-making will reach the courts.How the courts resolve these challenges may represent the next frontierof administrative law.La vidéoconférence a suscité de l’ambivalence au sein de la communautéjuridique. Certains ont proclamé sa promesse d’un accès sansprécédent à la justice, surtout pour les communautés géographiquementéloignées. D’autres, cependant, ont soulevé la question à savoir si lavidéoconférence mine l’équité. Les auteurs explorent les conséquencesde l’utilisation de la vidéoconférence en faisant une étude de cas duTribunal du logement de l’Ontario, un des organismes juridictionnelsles plus occupés au Canada. Cette analyse met en lumière despréoccupations en rapport avec la vidéoconférence en principe et enpratique. Quoique de telles préoccupations ont traditionnellement été du ressort de l’administration publique, les auteurs soutiennent quel’allocation des ressources par un tribunal et la suffi sance de son budgetsont également des préoccupations centrales du droit administratif.Le droit administratif va au delà des doctrines conventionnellesd’équité procédurale d’une part et de la rationalité substantive d’autrepart. La façon dont le législateur organise et fi nance les organismesdécideurs n’est pas simplement question de préférence politique maisaussi de suffi sance légale. Le common law, la Charte des droits etles principes constitutionnels non écrits tels que l’autorité de la loiet l’accès à la justice imposent tous des contraintes potentielles auxgouvernements et aux tribunaux quant à l’organisation d’audiencesadjudicatives et la façon de les mener, surtout dans un cadre tel que leTribunal du logement de l’Ontario, où sont en jeu les droits de gensvulnérables. Quoique les pratiques de vidéoconférence du Tribunaldu logement de l’Ontario n’aient pas encore été contestées, les auteursconcluent qu’éventuellement la conjoncture des ressources du tribunalet de l’équité et l’aspect raisonnable du processus de décision de cetribunal va parvenir à la cour. La façon dont les cours règleront cescontestations pourrait devenir le prochain domaine d’exploration dudroit administratif.*

Style APA, Harvard, Vancouver, ISO itp.

45

LEIVA LÓPEZ, ALEJANDRO D. "El control jurisdiccional de la discrecionalidad técnica en materia selectiva". RVAP 127, nr 127 (1.12.2023): 217–43. http://dx.doi.org/10.47623/ivap-rvap.127.2023.05.

Pełny tekst źródła

Streszczenie:

El presente trabajo examina el alcance de la discrecionalidad técnica de los tribunales de justicia en procesos selectivos en España. Exponemos el marco jurídico básico estatal sobre la discrecionalidad técnica, así como las necesidades de control de esta discrecionalidad desde la perspectiva del derecho a la tutela judicial efectiva en los procesos selectivos. Seguidamente, realizamos un análisis crítico de la evolución doctrinal que ha acontecido en relación con el control jurisdiccional de las decisiones administrativas de los tribunales calificadores. Hemos pasado de una doctrina tradicional que postulaba la exclusión del control judicial de todo aquello que entre en el juicio técnico del tribunal a una posición más avanzada que apuesta por una mayor vigilancia jurisdiccional de estas decisiones. En particular, examinamos la doctrina más reciente sobre esta materia, ya que se observan importantes avances hacia un mayor control judicial de las apreciaciones discrecionales de los órganos especializados de selección, con el fin de que los procesos selectivos se sustancien con todas las garantías y desde el respeto a los principios de igualdad, mérito y capacidad. Justizia-auzitegiek Espainiako hautaketa-prozesuetan zer diskrezionalitate tekniko duten aztertzen da lan honetan. Diskrezionalitate teknikoari buruzko Estatuko oinarrizko esparru juridikoa nolakoa den azaltzen da, baita diskrezionalitate hori kontrolatzeko zer behar dagoen ere, hautaketa-prozesuetan benetako babes judiziala izateko eskubidearen ikuspegitik. Ondoren, epaimahai kalifikatzaileen administrazio-erabakien kontrol jurisdikzionalarekin erlazionatutako doktrina-bilakaeraren azterketa kritikoa egiten da. Epaimahaiaren iritzi teknikoan sartzen den guztia kontrol judizialetik kanpo uztea aldarrikatzen zuen garai bateko doktrinatik erabaki horien zaintza jurisdikzional handiagoaren alde egiten duen jarrera aurreratuago batera igaro gara. Zehazki, gai honi buruzko doktrinarik berriena aztertzen da; izan ere, aurrerapen handiak ari dira egiten hautaketa-organo espezializatuen iritzi diskrezionalaren kontrol judizial handiagoa izateko, hautaketa- prozesuak berme guztiekin eta berdintasun-, merezimendu- eta gaitasun-printzipioak errespetatuz gauzatu daitezen. This paper examines the scope of technical discretion of courts of justice within selection procedures in Spain. We set out the basic State legal framework on technical discretion and the need to control this discretion from the perspective of the right to effective judicial protection within selection procedures. Thereafter, we make a critical analysis of the doctrinal evolution that has occurred in relation to the judicial review of the administrative decisions issued by the selection boards. First, we have moved from a traditional doctrine that postulated the exclusion of judicial review of everything that fell within the board¿s technical judgment to a more advanced position that calls for a greater judicial review upon these administrative decisions. In particular, we discuss the most recent doctrine on this matter as significant advances are observed regarding a greater judicial review over the discretionary assessments of the specialized selection boards, so that the selection procedures are conducted with all the guarantees and with respect for the principles of equality, merit and capacity.

Style APA, Harvard, Vancouver, ISO itp.

46

Glumińska-Pawlic, Jadwiga, i Tomasz Gwóźdź. "Management of Municipal Waste during the Geopolitical Crisis from the Point of View of the Commune Budget in Poland". Studia Iuridica Lublinensia 33, nr 2 (27.06.2024): 45–56. http://dx.doi.org/10.17951/sil.2024.33.2.45-56.

Pełny tekst źródła

Streszczenie:

The article aims to present the problem of paying for municipal waste management in the face of the influx of refugees caused by the war in Ukraine. The number of people residing in Poland has significantly increased, and as a result more waste is generated. The authors analyse current legal regulations and judgments of administrative courts and the Constitutional Tribunal to determine who is obliged to pay the municipal waste management fee and what proper steps this entity should take. Due to the nature of the problem, the dogmatic-legal method was used to analyse the texts of legal acts, court decisions and available literature. The solution proposed by the authors can be used in practice by the bodies of local government units adjudicating the determination of the municipal waste management fee amount.

Style APA, Harvard, Vancouver, ISO itp.

47

Hanas, Katarzyna. "Interpretative Discretion of Judiciary and the Well-Being of the Child". Studia Iuridica Lublinensia 29, nr 3 (30.06.2020): 187. http://dx.doi.org/10.17951/sil.2020.29.3.187-198.

Pełny tekst źródła

Streszczenie:

The well-being of the child is a common criterion in many Polish normative regulations pertaining to different branches of law. It is both a tool for the law-making and the executive bodies, employed to direct the law-applying bodies towards ensuring full protection of the child. This article is focused on analysing interpretative judicial discretion with respect to the well-being of the child as manifested in the judicial decisions of the Supreme Court and in the judgements of the Supreme Administrative Court and Constitutional Tribunal. In the course of the research, the author undertakes to determine the essence of interpretative judicial discretion in cases predominantly focused on establishing the current and postulated situation of the child with a view to ensuring the most favourable ruling for the same.

Style APA, Harvard, Vancouver, ISO itp.

48

Bożek, Wojciech. "Środki finansowe na cele publiczne. Analiza przypadku w kontekście art. 216 ust. 1 Konstytucji Rzeczypospolitej Polskiej z 2 kwietnia 1997 r." Przegląd Prawa Konstytucyjnego 68, nr 4 (31.08.2022): 277–88. http://dx.doi.org/10.15804/ppk.2022.04.22.

Pełny tekst źródła

Streszczenie:

The aim of this study is to determine the character of financial resources devoted to public purposes referred to in Art. 216(1) of the Polish Constitution as seen in legal measures adopted in selected national special purpose funds. The constitutionally values protected in this provision also was analized. The legal solutions adopted in selected national special purpose funds and funds for public purposes related to them will serve as an example. Directions of the evolution seen in the Polish legal order encourage a discussion of whether resources coming from sanctions may (or should) be a basic source of proceeds of these funds. The method of investigation of the law in force and a legal analysis are used in this study. A reference to decisions of the Constitutional Tribunal and of the Supreme Administrative Court was also necessary.

Style APA, Harvard, Vancouver, ISO itp.

49

LEE, Hye-Young. "Reviewing the Establishment Proposal of a Permanent Refugee Appeal Tribunal - Real Improvements of the Administrative Appeal Procedure of Negative Refugee Decisions in Korea -". Ewha Law Journal 23, nr 2 (31.12.2018): 227–66. http://dx.doi.org/10.32632/elj.2018.23.2.227.

Pełny tekst źródła

Style APA, Harvard, Vancouver, ISO itp.

50

Canivell, Joaquin Martin. "L’esperienza spagnola nella difesa della concorrenza". Journal of Public Finance and Public Choice 8, nr 2 (1.10.1990): 125–28. http://dx.doi.org/10.1332/251569298x15668907345063.

Pełny tekst źródła

Streszczenie:

Abstract The promulgation of the new Italian Law for the protection of competition and the market urges a comparison with the corresponding Spanish legislation, taking also account of its evolution.In 1963 a first competition law was introduced in Spain as a consequence of a request by the United States, whose intention was to increase its business activities in Spain. Another justification of the interest of Spain for introducing this law was the idea that it could be a step forward the European Common Market.This law was not very effective and, furthermore, its life has not been very easy, though it included the main legal definitions of the EEC Treaty, in particular provisions for cartels and for abuse of a dominant position. In addition, the Spanish law introduced a definition for «dominant position».In order to implement the law, two organisms have been created: the «Service for the Defence of Competition” and the Tribunal having the same name.Both the law and the administrative system organized on its basis became almost useless, because for the first two decades very few decisions had been taken and the only proposal by the Tribunal to the Government for inflicting a sanction was not approved. By consequence, the Tribunal made no other attempts to propose measures to the Government.The revival came after the introduction in Spain of the Constitution, which was promulgated in 1978 and which established, in art. 38, a free-enterprise system in the framework of a market economy to be protected by the public authorities.A judgement by July 1st, 1986, of the Constitutional Court, confirmed that competition is a component of the market economy which protects rather than restrict the freedom of enterprise.By the end of 1985 the Service for the Defence of Competition started a new life. The same happened with the activities of the Tribunal. The number of examinations increased and after 1988 the Tribunal tried again to inflict sanctions, and it was successful.A new law for the protection of the competition was approved by the Parliament on July 17th, 1989 and is in force in Spain since that time. It is founded on the EEC Treaty and it also benefits from the experience with the previous law.Cartels and abuse of dominant position are the main objects of the law which introduced, in addition, the case of «unfair competition».The Tribunal can injunct to the undertakings to suspend their action and to eliminate its consequences. Another innovation of the law was the attribution to the Tribunal of the power to inflict fees up to 150 million pesetas (about 1,7 billion Italian lire), to be increased until the 10 per cent of the turnover.As it was with the first law, two organs are committed to the safeguard of competition: the Service for the Defence of Competition and the Tribunal. The Service has the assignment to start preliminary investigations, to supervise the enforcement of the judgements of the Tribunal, to keep the register with the annotations of authorizations, prohibitions and concentrations and to make studies on the economic system.The Tribunal is an organ of the Ministry for Economy and Finances, but is functionally independent. Its eight members (economists and lawyers) and the president are appointed by the Government for six years and can be confirmed. The president is Secretary of State and the members have the rank of general directors. Decisions are taken by the Tribunal with a majority of six votes (including that of the president or of the vicepresident).Apart from its judiciary powers, the Tribunal can express opinions and give advices upon request by the Parliament, by the Government or by Ministers, as well as by local governments, by unions and by organizations of producers and consumers.The Tribunal has also the power to authorize agreements and other actions prohibited by the competition legislation, on the basis of these reasons: 1) productive improvements or better wholesalers’ organization, technical or technological progress; 2) partecipation by the consumers to the resulting benefits.No limitations to competition can be introduced in order to obtain such results. Competition cannot be eliminated from the market or from a relevant part of it.Such authorizations are not retroactive and can be renewed or revoked.On the subject of economic concentrations, the Tribunal can take action only on request by the Minister for Economy and Finances. The notification by undertakings is voluntary. The advice provided by the Tribunal to the Minister is not binding, since the power to decide on concentrations is entirely under the responsibility of the government.The rules of procedure adopted by the Tribunal and the Service are flexible and effective in order to guarantee the rights of the citizens. The judgements of the Tribunal can be taken to the Civil Courts. Also damage compensation is decided by the Civil Courts.At the moment, there are not yet cases on the basis of the new law and those pending follow the rules of the old law.Some authorizations, instead, have been decided already by the Tribunal whose advice has been requested twice on cases of concentration.New regulations for authorizations by category will be issued in the next future. Other rules for cases of individual authorization will also be provided.The number of cases submitted to the Tribunal increases and the number (as well as the amount) of fees goes up as the public opinion realizes how beneficial can be competition for the general welfare.

Style APA, Harvard, Vancouver, ISO itp.

Artykuły w czasopismach na temat „Administrative Decisions Tribunal”

Utwórz poprawne odniesienie w stylach APA, MLA, Chicago, Harvard i wielu innych