How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international ...aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
The needs of newcomers and the provided social assistance. The topic of social assistance for migrant newcomers often sparks heated public debate and remains a prominent concern on the policy agenda. ...Society has experienced a growing level of diversity. This reality gives rise to new demands and changing profiles of individuals who benefit from welfare services. Welfare institutions, which are responsible for providing social assistance, play a crucial role in granting access to social benefits for newcomers. Moreover, the provision of social assistance can significantly influence the settlement and integration processes of migrants. This book provides empirical insights into the alignment between the needs of newcomers and the service provided to them. It examines the accessibility of social assistance for newcomers from a comprehensive perspective, encompassing aspects such as gaining access (including equal access for all) and service availability. By focusing on the Belgian Public Centres for Social Welfare as a case study, the authors explore the policies and practices related to social assistance and labour market activation for newcomers and the factors that influence individuals’ access to their rights. By incorporating the perspectives of all the relevant stakeholders involved, drawing on the insights of social workers and managers as well as the experiences of newcomers themselves, this book offers a unique understanding of the interactions between immigrants, the welfare state, and street-level bureaucrats. It provides valuable insights for enhancing service provision, striving for a more inclusive approach. Ebook available in Open Access. This publication is GPRC-labeled (Guaranteed Peer-Reviewed Content).
Contributors: Adriana Costa Santos (Université Saint-Louis Bruxelles), Michelle Crijns (Wilde Ganzen Foundation), Peter De Cuyper (KU Leuven), Abraham Franssen (Université Saint-Louis Bruxelles), Angeliki Konstantinidou (University of Liège), Jean-Michel Lafleur (University of Liège), Jérémy Mandin (University of Liège), Carla Mascia (Université Libre de Bruxelles), Elsa Mescoli (University of Liège), Roberta Perna (Complutense University of Madrid), Marije Reidsma (KU Leuven), Hanne Vandermeerschen (KU Leuven), Youri Lou Vertongen (Université Saint-Louis Bruxelles).
The European political-administrative sphere progressively came into existence after the signing of the Treaties of Rome; however, it was subsequently shaped by the constitutional compromises ...historically negotiated by EU member States. In the day-to-day practice of the administrative government of Europe, the European State went through several major reconfigurations that led to the consolidation of a regulatory State in the 1980s. This article explores the gradual shift from administrative to regulatory governmentality and the genesis of this regulatory State, by examining its social and professional foundations.
The development of democratic societies has led to an increase in the importance of new alternative dispute resolution methods, in particular mediation, of which one of the main assumptions is to ...“improve” communication between the parties. Mediation, which is the most popular and most frequently used form of alternative dispute resolution methods in Poland, while maintaining the superior position of the courts, serves as a supplement to the mechanisms of the judicial administration of justice. Following Recommendation R(2001)9 of the Committee of Ministers of the Council of Europe of 5 September 2001, mediation was introduced to proceedings before administrative courts, and due to the very low level of use of this solution by the Act of 7 April 2017 amending the Act – Administrative Procedure Code, mediation was introduced into the administrative procedure. The article is an attempt to analyze the mediation procedure in administrative proceedings in terms of its communication properties. It presents the advantages of mediation, the disadvantages of the applicable legal regulations and the reasons for the marginal use of this solution by using the formal-dogmatic method and the analysis of the available literature.
The commented judgment of the Provincial Administrative Court in Olsztyn concerns the right to access files in administrative enforcement proceedings. This right is inextricably linked to ensuring ...that entities against whomadministrative enforcement is conducted active participation in the proceedings. This, in turn, determines their actual ability to defend themselves and use their legal means.
An administrative contract is a specific contract with a special legal regime, subjects and characteristics that classify it as an institute between private and public law. The paper presents a ...comparative analysis of the general principles of contract law, and above all civil (private) law and administrative contract. This analysis should answer the questions of the basis of the contractual obligation, ie the basic elements that create a contractual obligation. The paper presents the most important principles, as well as general elements of the contract on the one hand and basic characteristics of the administrative contract on the other, in order to better understand their legal nature, similarities and differences, especially the legal nature of the administrative contract and its place in contract law.
The premise of this study is that the current legislation uses two legal notions with relatively different names, that is the „legitimate interest” in the administrative contentious procedure, ...regulated by the Law No 554/2004, and the „interest to act”, used in the Civil Procedure Code, both representing conditions of admissibility of the judicial action (in administrative contentious and, respectively, civil action). The aim pursued by the author was to observe whether these legal notions are synonyms or they differ, in terms of their processual connotation, depending on the nature of the legal action promoted. In this regard, the author has compared the two legal notions, revealing the similarities and differences between them, and, at the end of the study, he has set out the theoretical and practical arguments for the purpose of recognizing their processual autonomy.
The concept of unwanted roads is a concept that has appeared in the practice of Polish road law in connection with the cascade procedure, as well as the development of road infrastructure in our ...country. The aim of the article was a thorough analysis of these solutions, especially in terms of the latest views of the doctrine and the latest jurisprudence of administrative courts. The conclusions to be formulated are not of a positive nature. It seems that, in particular, voivodeship and powiat self-governments still inappropriately apply these provisions, which translates into a number of threats, especially in the field of legal safety, infrastructure safety and the safety of road users.
Elections play a very important role in modern representative democracies. In democratic political institutions, elections have a number of important functions, for the fulfillment of which it is ...necessary that the elections are democratic and free, so that electoral machinations and fraud do not occur. The electoral judiciary serves to protect these basic principles of a democratic state. It is important to remember the development of the electoral judiciary, as it can serve as a positive or negative inspirational basis in the case of creating new legislation.
The nondelegation doctrine theoretically limits Congress's ability to delegate legislative powers to the executive agencies that make up the modern administrative state. Yet, in practice, the U.S. ...Supreme Court has, since the New Deal, shied away from enforcing any limits on congressional delegation. That may change in the near future. In Gundy v. United States, the Court narrowly upheld a delegation, and a dissent signaled deep doubts about the Court's longstanding "intelligible principle" standard and offered a new framework to replace it. Subsequent events strongly suggest that the Court is poised to move in the direction contemplated by the dissent in Gundy, drawing a line between policy discretion, which cannot be delegated, and authority to fill up details or find facts triggering policies, which can be. Whether observers' view of the prospect of Court-imposed limits on delegation is apocalyptic or euphoric, virtually everyone expects such limits to be highly consequential. While these opinions about the nondelegation doctrine are understandable, they are ultimately speculative. This Article offers a more data-driven evaluation of what implementation of the Gundy dissent's line drawing would portend for administrative law. Using the underexamined laboratory of the nondelegation doctrine in the states, where the doctrine has always had more life than at the federal level, this Article shows that states that adhere closely to the lines drawn by the Gundy dissent are no more or less likely to invalidate statutes passed by state legislatures than states that adhere to the intelligible principle formulation. The lack of a relationship between doctrinal formulation and outcomes suggests we will only know whether a revolution is afoot based on what the Supreme Court actually does over a series of cases, not on what it says it is going to do. Moreover, the research findings suggest significant limitations on the ability of the Gundy dissent's approach to provide any ex ante guidance to the lower courts, or even future Supreme Courts, about what the nondelegation doctrine prohibits-an observation that suggests significant logistical and institutional problems inherent in the entire project of resuscitating the doctrine.
