The aim of the publication is to establish the function of the legal regulation of the principle of resolving legal doubts in favour of the citizen (in dubio pro libertate), introduced by the ...amendment of 2017 to the Code of Administrative Procedure. The purpose of the article is also to compare the state of the regulation in force at the time of its entry into force with the legal state created after the introduction of the amendment. This principle has been discussed and it has been established that it has a protective function. First and foremost, to ensure the security and stability of the law when the legislator has failed to fulfil its duty to legislate correctly and fairly. This function is of particular importance in cases where an administrative body unilaterally determines constitutional rights and freedoms. As a result of the comparison of the state of regulation before 2017, it was established that as long as the principle of in dubio pro libertate was a postulate of the doctrine, court judgments, interpreted from other principles of administrative proceedings, it did not suffer such significant limitations and could serve more fully to protect an entity. It the current state of law, administrative bodies can make use of it in a limited way only to several proceedings. Nor does it apply if there is – as is common in administrative proceedings – an important social interest or conflicting legal or factual interests of the parties concerned.
Objectives The purpose of this paper is to indicate the place and role of artificial intelligence systems in administrative law enforcement against the background of normative conditions existing in ...Poland. Material and methods The genesis and formation of scholarly views on the possibility of using computers in the handling of individual cases and the legislative evolution in this area are presented. Results It was recognized that their wide use is limited by increased protection of subjective rights. It is expressed in the proceduralisation of public administration actions and the judicialisation of administrative procedures, the introduction of participatory mechanisms and the socialisation of legal interests. Moreover, the increasing specialization in this field necessitates the need for expert knowledge. It was stated that a human being cannot be completely replaced by a computer. Conclusions Polish and foreign experiences with issuing decisions in the form of unsigned computer printouts were pointed out and it was assumed that this is the right way to modernize administrative proceedings and settling cases by means of material and technical activities.
The subject of the gloss is a legal analysis of general proceedings before the Commission for the reprivatisation of Warsaw real estate as regards the right of access to the case file. The Law on the ...Commission contains special regulations, different from the Code of Administrative Procedure, which result, among other things, from the position of the Commission and the subject of its activity. The author uses a legal and analytical research method, based on the literature and administrative court decisions.
Due to the public health emergency caused by covid-19, the Colombian authorities in charge of national urban policy and the authorities tasked with the study, processing, and issuance of urban ...planning licenses, were forced to issue and adopt different measures to guarantee continuity in the provision of the service, prevent further spread of covid-19, and care for the lives and health of officials and citizens. This article analyzes the novelty and effectiveness of these measures
Como resultado de la declaratoria de la emergencia sanitaria causada por el covid-19, las autoridades del orden nacional a cargo de la política nacional urbana3 y las autoridades competentes para el estudio, trámite y expedición de licencias urbanísticas4 se vieron en la imperiosa necesidad de emitir y adoptar una serie de medidas para garantizar la continuidad en la prestación del servicio, evitar una mayor propagación del covid-19 y cuidar la vida y la salud de los funcionarios y ciudadanos. Este artículo analiza la novedad y eficacia de dichas medidas
The article deals with the issue of administrative authorities’ justification of a failure to meet deadlines for handling cases in general administrative proceedings, tax proceedings and simplified ...complaint proceedings. To that end, the author uses the dogmatic-legal method, performs a critical analysis of the literature on the subject matter and interprets the relevant judgments of administrative courts. The aim of the article is to draw attention to the importance of correct, exhaustive and true justification of the reasons why administrative bodies procrastinate and set new deadlines for handling administrative cases.
The research area has been divided into two main parts, i.e. the analysis of the correct indication of the reasons for a delay and the diagnosis of incorrect justifications for failures to handle cases on time. The author emphasises that the reasons for a failure to deal with an administrative case on time should reflect the facts concerning the case as accurately as possible, especially when a given reason is an element of an evidence-based proceeding. Criticism was levelled at reasons not related to the course of proceedings, such as staffing problems of the authority and the multitude of cases, as well as reasons stated in too general terms, such as the complicated nature of a matter. In conclusion, the author proves that precise indication of reasons for failures to handle a case within the time limits sticks to the principle of striving for objective truth and influences the general assessment of administrative bodies.
The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of 17 November 1964: Code of Civil ...Procedure, Act of 14 June 1960: Code of Administrative Procedure, and Act of 30 August 2002: Law on the Proceedings before Administrative Courts carried out with the use of a dogmatic method. The author analyses the solutions that, in his opinion, make it possible to propose a thesis on far-reaching convergence of the basic, and at the same time of normative provenance, principles of mediation. The principles include amicability, voluntariness (optionality), commonness, loyalty to parties, confidentiality and non-openness of mediation, as well as a mediator’s impartiality. The above-mentioned convergence does not mean complete homogeneity of particular solutions or their non-defectiveness, which is exemplified by Article 2591 CPC and Article 83 § 4 CAP. It is also shown that the domestic solutions are in conformity with the solutions recommended by the Committee of Ministers of the Council of Europe.
This paper presents an analysis of the influence of judgments of the Constitutional Tribunal onongoing administrative proceedings. The article discusses the issue that raises the most controversyin ...both the jurisprudence and the scholars, which is the delay in time by the CT of the loss of bindingforce by an unconstitutional provision in court-administrative proceedings.
In a difficult economic situation in Ukraine, the attracting of foreign investment is the priority direction of economic development. In practice, there are often cases of violation of the foreign ...investors’ rights by officials. Therefore, an important issue of the present is the study of the foreign investors’ rights protection mechanism since they are important economic entities. Ukraine has an outflow of foreign investment. This is due to the imperfection of the current legislation, economic instability, corruption, unfairness of counterparties, unlawful actions of state bodies, and the absence of an effective mechanism to protect the rights of foreign investors. Therefore, the objective of the article is to study the peculiarities of administrative legal proceedings of foreign investors protecting, to analyse the current state of protection of foreign investors in Ukraine by administrative courts, and to analyse the problems that arise in practice. It should be noted that the researchers did not investigate the peculiarities of administrative legal proceedings of foreign investors’ protection. A considerable attention is paid to protecting foreign investors in the context of economic legal proceedings. Therefore, the issue deserves special attention. Methodology. The authors substantiated the necessity to improve the current legislation concerning the protection of foreign investors in the administrative legal proceedings. Based on the analysis of the current legislation norms, one can conclude that most norms are only declarative. Therefore, the authors provide appropriate proposals for improving domestic legislation using positive foreign experience. Results. The article reveals the peculiarities of the appeal of decisions, actions and inactivity of the subjects of authority by foreign investors, the relevant judicial practice is analysed there, the European experience is investigated in order to implement it in domestic legislation. The authors discuss the current state of protection of foreign investors in Ukraine by administrative courts and the problems that arise in practice. Particular attention is paid to the lack of proper legal protection of foreign investors. In this regard, the appropriate proposals are provided by the authors that will contribute to improving the investment climate in Ukraine. Practical implications. Foreign investment has a positive effect on the economic situation of any state. In order to achieve investment attractiveness, Ukraine needs to provide it with adequate judicial protection. Value/originality. The urgent question of the present is the protection of foreign investors in the form of administrative legal proceedings. The necessary step is the implementation of positive international experience on this issue in domestic legislation.
El presente artículo de reflexión tiene como objetivo analizar el derecho fundamental del debido proceso consagrado en el artículo 29 de la Constitución Política de Colombia de 1991, en las ...actuaciones administrativas que orientan la formación del contrato estatal. El documento realiza una reflexión sobre la aplicación de los elementos del derecho al debido proceso identificados por la jurisprudencia y la doctrina en las actuaciones administrativas y, en especial, las desarrolladas en la formación del contrato estatal. En la segunda parte del artículo, se desarrollará un estudio específico de la aplicación del debido proceso en las actuaciones administrativas, concretamente en los procedimientos expedidos por el gobierno nacional para el desarrollo de esas actuaciones administrativas, en el que se analizarán esas disposiciones frente a los elementos del debido proceso administrativo.
The investigatory procedure carried out by an administrative organ during administrative proceedings is indispensable. There is no doubt that “lex specialis”, in several cases, tend to detail this ...process, however, it needs a “lex generalis” act which will regulated principally all the important elements of the investigatory procedure. The Code of Administrative Procedure is an act, which naturally poses its problematic, however it is very important for prescribing such institute of administrative proceedings. Due to such significance, the analysis of judicial means being available to an organ of public administration for evaluating complexly the totality of facts and proofs and certainly for identifying present problems, is the central pillar of this report.
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