One of the basic rules of enforcement proceedings in administration is the principle of the legal obligation to carry out enforcement. The essence of this rule lies down in the public creditor’s ...obligation to take steps to apply enforcement measures if the obliged person evades the performance of the obligation that rests with them and that is subject to administrative enforcement. The consequence of the creditor’s actions may include a subsequent obligation of the enforcement authority to take steps that involve, as prescribed by the law, the application of enforcement measures to ensure that the obliged party performs their administrative obligation. However, the nature of administrative obligations is differentiated. The legislator identifies two basic categories, that is financial and non-financial obligations. Their character also determines the different ways these obligations are enforced. The procedure to ensure them were regulated in the same act and as a rule, apart from implementing actions, is based on uniform rules. Additionally, this procedure has been modified significantly in the last three years. Given the above, the objective of this study is an analysis of the law in force with elements of an analysis of the law in a historical perspective and also a formulation of conclusions on the problems of enforcing performance of non-financial administrative obligations in the context of validity of a common regulation for enforcement of financial and non-financial obligations in administration, also taking into account recent amendments.
Art. 4(2) of the Act of Copyright and Related Rights (1994) excludes the texts mentioned therein from the protection provided for in the copyright law. The legislator makes use of the reference to ...the regulation of national law contained in the Berne Convention. Of the exclusions listed in Art. 4(2) ‘official materials’ are the most undefined conceptual category. In many judgments the administrative courts have placed all written studies which did not have the characteristics of an ‘official document’ in the category of ‘official materials’. This concerns materials produced by public authorities and studies submitted at the request of an office by external entities. The author analyses judgments of administrative courts in which the concept of official material appeared and the qualifications to this category. He points to the jurisprudence according to which the official material is a text which a) comes from a public authority, b) relates to an official case, and c) was created as a result of an official procedure. This approach is opposed by the Supreme Court in their judgment of 2009 and the bulk of copyright doctrine. In the final part the author discusses the status of the expert studies and justifies his own terminology proposals.
Strzelnice nie zawsze były traktowane jako obiekty budowlane. Obecnie po wydaniu głosowanego wyroku, oczywistym staje się, że każda strzelnica powinna być traktowana jako obiekt budowlany. Niniejsza ...glosa wyjaśnia, jakimi przesłankami kierowały się organy administracji, odmawiając zatwierdzenia regulaminu strzelnicy, oraz pokrótce omawia proces poprzedzający zatwierdzenie regulaminu strzelnicy, będącego ostatnim etapem dopuszczenia obiektu do użytkowania. W ostatniej części glosy omówiono czynności, których organy Policji mogą żądać od organu nadzoru budowlanego w sytuacji stwierdzenia wydostania się pocisku poza oś strzelecką.
The article deals with the practical and legal problems of deliveries in administrative proceedings. Communicating a declaration of will or knowledge of a public administration body is one of the ...most important elements of administrative proceedings. The existence of an administrative act in legal transactions, as well as many other significant circumstances (e.g., the running of time limits or ensuring the parties to actively participate in the proceedings) depends on effective, in the light of the provisions of law, deliveries. The institution of deliveries, in particular in its traditional form, is associated with many difficulties that may affect the entire process of specifying substantive law and, consequently, lead to the repeal of an administrative decision or order. The remedy for the indicated problems can be seen in the progressive electronization of deliveries. Nevertheless, only the practical verification of the solutions adopted at the level of the Act of 18 November 2020 on elec- tronic delivery will allow to assess whether it will be possible to overcome the current difficulties.
The subject of this publication is an analysis of the currently applicable regulations of the Act of 2 March 2020, on special solutions related to the prevention, counteraction and combating of ...COVID-19, other infectious diseases and crisis situations caused by them (i.e. Journal of Laws of 2021, item 2095, as amended, hereinafter: the covid act) and an indication of their shortcomings in the context of implementation of the principle of open examination of administrative court cases. It follows from the overriding principles of administrative court proceedings that the trial should be open and the party should have the right to access the court, control the contested acts and actively participate in it. The right of the individual to a fair and public hearing of a case without undue delay, by acompetent, independent and impartial court has a constitutional dimension. The purpose of the principle of openness is to motivate the court to scrupulously and diligently fulfill procedural obligations and to enable third parties to exercise civic control over the activities of the courts. The authors of the article try to answer the question whether the hearing located in administrative courts and its substitute form, which is a closed session, meet the constitutional standards of open proceedings. An invaluable asset for the party is their personal participation in the hearing and the possibility to freely present their position in the courtroom, directly before the court. This constitutes the exercise of the right to active participation in the procedure. The parties then have the opportunity to express their arguments, and this translates into a sense of treating them subjectively. The authors conclude that the legislator should explicitly define the formula for public access to remote hearing,or modify covid regulations in such a way that the court has the freedom to assess the situation permitting or not to conduct a hearing in the court building. Perhaps a greater range of options would allow for more appropriate solutions that would not violate the principle of open court proceedings and would not restrict the citizen’s right to the court.
The professional self-government, as a component of the decentralised public authority, is an institution which derives its legitimacy from the supreme legal act, the Constitution of Poland. Its ...basic framework is set out in Article 17(1) of the Constitution, according to which: “By means of a statute, self-governments may be created within a profession in which the public repose confidence, and such self-governments shall concern themselves with the proper practice of such professions in accordance with, and for the purpose of protecting, the public interest”. The ratio legis of this regulation is the possibility of statutory entrustment of certain professional corporations with the performance of public tasks in authoritative forms appropriate for public administration. This study presents of the functions and tasks that the legislator has provided for the professional self-government of judicial officers. Currently, the provision regulating the tasks performed by the judicial officers’ self-government is Article 195 of the Act of 22 March 2018 on judicial officers, according to which the tasks of the judicial officers’ self-government include in particular: 1) supporting the administrative supervisory bodies in supervising the conscientious performance of service by judicial officers and the proper performance of duties by assessors and trainees, 2) participating in ensuring the conditions for the performance of the statutory tasks of judicial officers, 3) representing judicial officers and assessors, 4) the professional development of judicial officers and assessors, and participation in the training of trainees, 5) establishing and promoting the principles of professional ethics and ensuring their observance, 6) conducting research into the functioning of judicial enforcement. The authors analyse the normative material regulating the issue in question. Looking through the prism of theoretical concepts of professional self-government, they also assess the legitimacy of the solutions adopted by the legislator. Consequently, they make de lege lata remarks and de lege ferenda postulates.
The paper makes an attempt to identify the essence of the principle of ex officio investigation, which is considered common to administrative procedure and administrative proceedings. The authors set ...the task of analyzing not only the similar manifestations of this principle in the procedure and proceedings. An equally important for understanding the essence of the principle, and therefore the correct application of procedural and processual norms, is, according to the authors, to distinguish its different manifestations that cannot be ignored, because this principle forms the basis for the activities of representatives of various branches of power, namely executive and judicial. In order to perform the stated task, the paper analyzes among the rules of the Law of Ukraine "On Administrative Procedure" and the Code of Administrative Proceedings of Ukraine those that characterize the considered principle, it is demonstrated in comparison how the representatives of each branch of power use them. As a result, the paper states that the representatives of executive and judicial authorities, under the influence of the principle of ex officio investigation, demonstrate evident activity in proceedings: they are authorized to take actions on their own, without obtaining the consent of the interested parties, which guarantee that the decision made by them in the case will fully meet the requirements declared at the regulatory level. At the same time, such activity is ensured by norms formulated taking into account the nature of the activities of each of the subjects of power, and therefore, in its manifestations, it cannot be recognized as identical.
The aim of the study is to present the most important legal problems that emerged in the jurisprudence of administrative courts in connection with the control of the activities of the President of ...the Office for Personal Data Protection. The several-year application of the provisions of the General Data protection regulation (GDPR) allows for the identification of substantive and procedural law issues that are particularly important for the control of decisions and provisions, as well as inactivity and excessive length of proceedings in cases of violation of the provisions on the protection of personal data. Noteworthy are the issues raised in the jurisprudence, such as the relationship between the GDPR and national regulations, directives for the interpretation of the provisions of the GDPR, the scope of competencies of the President of the Personal Data Protection Office as a supervisory authority, the forms of its action, the scope of obligations of data controllers and the rights of entities whose data is processed. Also included are procedural issues related to the application of the provisions of the Code of Administrative Procedure to proceedings conducted by the President of the Office for Personal Data Protection and their characteristic features, such as deadlines for settling cases, control proceedings, single-instance status determination of the amount of an administrative fine, referred to in the judicature.
The system of managing state property and providing public services was renewed after 2010 in Hungary. As a result of the change in the legal environment and the new regulation, the role of ...state-owned companies has increased. Today, public services can only be provided through publicly owned companies in almost all sectors. The system of public service tasks was also significantly affected by the introduction and expansion of official price regulation. The economic operation and legality of the companies can be examined by inspections. The transparency of the companies is achieved by publishing these audit experiences and reports. In my study, therefore, I rely heavily on practical experience to present the regulatory cadastre.
