Features of the German administrative judiciary are the subject of this paper. The paper is divided into several parts. In the first part, origins and development of the German administrative ...judiciary are explained, so that the historical background of the current system could be fully grasped. The next part is about the position and the organization of the German administrative judiciary, which is considered to be a special and separated branch of judiciary. The following topic makes the very essence and the spirit of the German administrative judiciary - the idea of the comprehensive legal protection of parties in their legal relations to the public administration, as a state power and authority. Finally, the explanation is being finished with the administrative courts procedure and it includes its general principles, civil law origins and its subtle relation to the administrative procedure
This paper aims at the exploring the issues of the legal regulation of alternative means for administrative disputes resolution in Ukraine in frames of European integration. The importance of ...alternative dispute resolution in the field of administrative legal relations has been emphasised by the Committee of Ministers of the Council of Europe in a number of its recommendations. Alternative means have been introduced in administrative procedure and administrative justice in some European countries, including Ukraine. However, the ADR mechanisms in administrative legal relations still are not widely used primarily because of the lack of the clear legal regulation. In this paper, the core problems related to the use of alternative means for dispute resolution in administrative procedure and administrative justice have been identified and recommendations on enhancement of legal regulation of certain instruments in Ukraine have been provided based on the European approaches and the best practices of the selected states – members of the Council of Europe.
The subject
. The article is devoted to the study of a wide variety of administrative disputes arising in the Russian legal system, but insufficiently studied by domestic administrative legal ...science.
The purpose
of the article is scientific substantiation of the concept, key elements and system of administrative disputes in the Russian Federation, identification of the constitutional foundations for the development of the institute of administrative disputes and proceedings for the resolution of administrative disputes.
The methodology
of research includes formal logic and systemic approach as well as legal-dogmatic method, method of interpretation of legal norms, method of comparative jurisprudence.
The main results, scope of application. An administrative dispute is proposed to be understood as a documented disagreement of a subject of administrative or administrative-procedural legal relations with the decision, action or inaction of a public administration body (official) or another entity implementing or assisting in the implementation of administrative public functions which, in the opinion of the applicant of the dispute violates, infringes or encumbers his subjective right. Such disagreement is addressed to the competent authority (authorized official) of the public administration or the competent court (authorized judge) in order to resolve this disagreement in a special extrajudicial or judicial administrative procedure. The key elements that make it possible to characterize an administrative dispute are: 1) the objects; 2) the matter; 3) the purposefulness of the administrative dispute. The connecting link between the presented elements of an administrative dispute is the subjective right of participants in administrative and administrative-procedural legal relations, or to put it another way – subjective law arising from administrative and administrative-procedural legal relations, which is understood as a collective category combining such a well-known legal structure as "rights, freedoms, legitimate interests", as well as individual elements of the administrative-legal status of the applicant of the dispute, established by the administrative-procedural law, which require extra-judicial or judicial protection in an administrative dispute (first of all, procedural guarantees of innocence and good faith).
Conclusions
. Administrative disputes primarily arise from administrative and administrative-procedural legal relations that develop during the implementation of administrative public functions by specialized public authorities and authorized organizations, which in a generalized form are proposed to be called public administration bodies. In some cases, administrative disputes arise from administrative and administrative-procedural legal relations in which public administration bodies and their officials do not participate. These administrative disputes arise in connection with the provision of assistance to the public administration in the performance of its administrative public functions.
How do disputants in China solve conflicts involving state actors in their daily life? We analyze the above questions using a representative national dataset and argue that it depends on either 'Know ...Who' or 'Know How'. We further categorized three potential strategies in solving administrative dispute: Rule-bending, Rule-bound, and Rule-breaking. We find that while elites tend to approach the legal and bureaucratic system, encouraged by political connections, non-elites have to appeal outside the official justice system through petition. The findings herein suggest that China is pursuing regime stability through elite co-optation, which is in line with the theory of political survival.
This paper considers how well the legal framework is established and legally regulated in Croatia for enforcement in administrative dispute and whether it is an effective means for administrative ...court judgement implementation when public bodies refuse to implement them. To that end the scope of the court decisions are considered and the effect they have on certain subjects. Then, the specifities of court judgement enforcement are provided. After considering the mechanisms of coercive administrative court judgement enforcement, Croatian positive legal solutions judgements contained in the Administrative Dispute Act (Zakon o upravnim sporovima) are analysed in detail. Finally, an attempt is made to point out all the shortcomings of such a legal regime and provide in the conclusion some suggestions de lege ferenda.
Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of ...citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.
The purpose of this paper is to examine regulatory agencies and regulated parties in an empirical study of administrative disputes initiated against the decisions of regulatory agencies in Croatia. ...We first aim to provide an overview of the status and trend estimates regarding these disputes; second, to answer the question how well does the system work from the perspectives of both the plaintiffs and the regulatory agencies; third, to identify the problem areas and to compare these with problem areas identified by the authors studying the broader area of administrative judiciary in Croatia, and finally to compare efficiency level of regulatory agencies to other public authorities in confirming the legality of their decisions and actions. Data on all administrative disputes against 12 Croatian regulatory agencies’ decisions in the 17-year period between 1995 and 2011 are used to identify the main characteristics and trends relating to these disputes. Data for 2012 to 2013 was also examined to identify initial changes and emerging trends in the new administrative judiciary system resulting from fundamental legal reform as part of Croatia’s process of accession to the European Union in 2013. The results show these administrative disputes to be often costly and timely with modest outcome for the plaintiff and impressive success rate for the most of regulatory agencies.
This article considers the introduction of the dual system of administrative judiciary in Croatia in 2010. The need to introduce appeals in the administrative court system is established as are the ...limitations related to this institute. Firstly, limitations to initiating appeals against judicial decisions are considered. Then, the placement of some first instance administrative disputes under the authority of the High Administrative Court of the Republic of Croatia is considered as is, finally, limiting initiating appeals against some kinds of administrative court decisions. Furthermore, the reasons and disadvantages of the so called 'filters' for initiating appeals against first instance administrative court decisions are expounded. This paper also considers the comparative legal institutes related to legally initiating appeals in administrative disputes and establishes the extent to which Croatian positive law is harmonised with or deviates from accepted legal solutions in other European countries. In the conclusion, the authors suggest necessary interventions in the Administrative Dispute Act.
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