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Journal articles on the topic 'Administrative decisions'
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1
Frumarová, Kateřina. "Nullity and Other Defects of Administrative Decisions in the Czech Republic." Baltic Journal of European Studies 5, no. 2 (2015): 70–89. http://dx.doi.org/10.1515/bjes-2015-0014.
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AbstractThis article deals with the issue of administrative decision, which represents one of the principal forms of the realization of public administration in the Czech Republic. Even if the Czech legislation provides for its issuance a number of requirements in relation to its content and form, in practice, however, there are violations of these legal conditions and requirements and then we talk about a defective administrative decision. According to how to remedy the defective administrative acts, distinction is made between formally defective administrative decisions, factually inaccurate decisions, unlawful decisions, and next to them, separately null administrative decisions. The main attention is paid to the nullity, because only the nullity represents the most serious and also irremovable defect of an administrative decision. As the null decision does not exist from the perspective of law, it is not able to affect the rights and duties of its recipients. The null acts, as the only category of defective administrative acts, constitute an exception to the principle of the presumption of validity and correctness of administrative acts.
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Kupita, Weda. "State Administrative Court as a Means to Realize Justice." SHS Web of Conferences 54 (2018): 03007. http://dx.doi.org/10.1051/shsconf/20185403007.
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The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.
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Adamczyk, Andrzej. "Oral administrative decision." Gubernaculum et Administratio 30, no. 1 (2024): 9–26. https://doi.org/10.16926/gea.2024.02.01.01.
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The goal of the paper is identification through analysis of administrative courts’ judiciary of legal issues emerging from issuance of oral decisions by public administration agencies. This topic has not been treated with attention in Polish legal science although it generates some difficulties in practice. At first, differentiation between oral decisions and written decisions orally declared has been noticed. Then issues of possible forms of fixing oral decisions and possibility of oral decision confirmation by written document have been addressed.
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Nadiyya, Ahsana. "URGENSI CONTEMPT OF COURT DALAM PELAKSANAAN PUTUSAN PTUN: STUDI PERBANDINGAN INDONESIA DAN THAILAND." Yustitia 8, no. 1 (2022): 48–61. http://dx.doi.org/10.31943/yustitia.v8i1.148.
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The implementation of the decisions of the State Administrative Court (PTUN) in positive law has been strengthened by using administrative and civil coercive measures in the form of imposition of forced money. However, in the decision execution mechanism, the Administrative Court does not have an executive body, so that the State Administration Officer is often disobedient and does not implement the Administrative Court decisions. Thus, citizens' constitutional rights to justice that have been decided by the State Administrative Court can be threatened. This study aims to compare the PTUN system in Thailand and Indonesia and analyze the urgency of contempt of court action. This research uses normative research with a statutory approach and a comparative approach. The results of this study are that there is no regulation regarding the contempt of court and the executorial institutions of the Administrative Court decisions in Indonesia. Meanwhile, Thailand already has a contempt of court regulation and an executive body that functionally carries out the execution of litigants. Therefore, the regulation and implementation of contempt of court to State Administration Officials who do not implement the Administrative Court decisions is an urgency to increase the effectiveness of the execution of Administrative Court decisions in Indonesia.
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Pattipawae, Dezonda Rosiana, Hendrik Salmon, and Natanel Lainsamputty. "Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions." SASI 28, no. 2 (2022): 182. http://dx.doi.org/10.47268/sasi.v28i2.730.
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Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body
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Shtyrov, Oleksandr. "Theoretical Approaches Before the Adoption of Administrative Decisions in the Area of Public Administration." State Formation, no. 2 (December 30, 2023): 30–41. http://dx.doi.org/10.26565/1992-2337-2023-2-03.
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The article is devoted to the problem of researching theoretical approaches to the process of making managerial decisions in the field of public administration. It is noted that considering the process of making managerial decisions as an object of public management, it is emphasized that the decision-making process is multi-level. Such are the models and concepts on the basis of which decision-making can be explained, and which are multidimensional and interdisciplinary in their content. It is important to emphasize that decision-making is often perceived as a deliberative process that can be both rational and irrational, based on well-stated or only implicit assumptions Most scientific sources present a traditional linear concept of decision making, in other words, a sequence of steps is presented that helps the decision maker to make the best decision. There are many formal decision-making models, but it can be argued that the basis of managerial decision-making theories are the three most important and widely known theories of such decision-making, which emphasize the intellectual activity of decision-makers and the procedural aspect - the theory of rational complexity, the theory of incrementalism and mixed scanning theory. Touching upon the conditions and criteria of the managerial decision-making process in public administration, it is worth noting that there are many theories of decision-making, most of which have a descriptive element, that is, how decisions should be prepared, and normative guidance on how decisions should be made. Each of these approaches offers a framing mechanism and describes fundamental decision-making issues. Thus, the preparation of decisions in public administration is directly related to legislation, as they are limited and influenced by various factors and conditions, therefore absolutely objective decisions do not exist in public administration, there are only less subjective and more subjective decisions . It was concluded that management decision-making is one of the most difficult issues in the process of functioning of public administration, since management decision-making is influenced by many different factors and processes. Most of the models that explain management decision-making are descriptive and aim to emphasize the quality of information processing necessary for management decision-making. No single method of managerial decision-making can be singled out as the best, because different circumstances, different values of those who make managerial decisions, different goals or methods of managerial decision-making, and the situation in an organization or institution are different in each situation. It can be argued that rational or stepwise management decision-making methods are better in some situations, and mixed-scan management decision-making methods or a combination thereof in others.
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Supriyadi, Supriyadi, and Widyatmi Anandy. "Dinamika Penanganan Pelanggaran Administrasi." Jurnal Adhyasta Pemilu 3, no. 2 (2021): 141–58. http://dx.doi.org/10.55108/jap.v3i2.15.
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Bawaslu is an institution that is given the authority to resolve election / election administration violations. The nature of Bawaslu's decisions and recommendations for administrative violations must be followed up by the KPU and its officials, this is confirmed in the provisions of Article 462 of Law No. the administration issued by Bawaslu is not obeyed by the institution implementing the decision / recommendation. Identification of problems: first, what is the nature of mandatory norms in the provisions of the Election / Pilkada Law? Related to follow-up on decisions / recommendations of Bawaslu Administrative Violations? Second, how is the Compliance with the Decision / Recommendation of Administrative Violation of Bawaslu? Third, what factors influence compliance with Bawaslu Administrative Violation Decisions / Recommendations? This research is a normative juridical study with a focus on analyzing decisions / recommendations for administrative violations of Bawaslu. in this study using a statutory approach, a case approach, and a conceptual approach. The data sources used are primary, secondary and tertiary data. The research results and conclusions. First, the "mandatory" norm in the construction of Article 462 of the Election Law and Article 139 paragraph (2) of the Election Law is imperative (order / force). Second, the KPU institutionally still has an attitude of indifference
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Saeed, Dana AbdulKareem, and Dlshad Fatah Faraj. "Protection of the Acquired Rights towards the Administration Authority in withdrawing the Administrative Decisions." Journal of Legal and Political Studies 7, no. 2 (2019): 165–208. http://dx.doi.org/10.17656/jlps.10158.
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Alshahrani, Khalid Ali Y., Abdulrahman Ahmad N. Alhathi, and Ali Muhammad Muhammad Al-Darwbi. "Compensation for Invalid or Nonexistent Administrative Decisions." International Journal of Religion 5, no. 2 (2024): 544–49. http://dx.doi.org/10.61707/vtfeaj36.
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Invalid or null administrative decisions constitute one of the issues and disputes that administrative justice seeks to address and resolve. Compensation serves as the judicial means through which an aggrieved party can obtain full protection by redressing the harm caused by an administrative decision. This research aims to clarify the nature of invalid or null administrative decisions and the extent of the right to compensation for invalid and null decisions. The study concludes that for an administrative decision to be a source of compensation, it must be irregular; there is no compensation for a decision if it is valid and without flaws, as there is no room for regular and valid administrative decisions. It also recommends the importance of informing citizens, and specifically employees and workers, about the role of administrative justice in protecting their rights, their right to annul flawed administrative decisions, and the fair compensation for damages suffered due to these decisions.
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Pennisi, Carlo. "Per una valutazione civile delle pubbliche amministrazioni." RIV Rassegna Italiana di Valutazione, no. 40 (February 2009): 9–44. http://dx.doi.org/10.3280/riv2008-040002.
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- The paper highlights the process of social and institutional change within which evaluation practices are embedded in Italy. To recall the main institutional and normative framework through which the Italian public administration has read its own change can explain the reason why evaluation is necessarily a part of collective decision processes and of their institutionalization. The role participation procedures to public decision processes play in this change reveal the main social and cultural issues which are at stake: the due process and the separation of powers the one no more considered, as it once was, as a criterion and a boundary for administrative action; the other no more assumed as a democratic criterion to distinguish public decisions as either political or administrative ones. Administrative action and political decisions can be no more conclusively identified within the legal framework. They are constituted by the procedural enactment of administrative planning processes; they are also the focus of what we define as civil evaluation: the kind of evaluation processes which are strategic in the re-definition of both citizenship and administration as well as in the institutionalization of their mutual relationship. Key words: institutional change, administrative rules, civil evaluation, collective decisions.
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Muhammad Haji, Ibrahim. "Judicial oversight of proportionality in job disciplinary and administrative control decisions." Academic Journal of Nawroz University 13, no. 1 (2024): 779–804. http://dx.doi.org/10.25007/ajnu.v13n1a1428.
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This study deals with the subject of proportionality control over administrative decisions, as it addresses the clarification of the concept of the principle of proportionality as an element of suitability in administrative decision and then explains its relationship with terms similar to it (such as discretionary authority and suitability), and clarifies the aspects and parties of the relationship in proportionality, and clarifies the subject of recognition of the principle of proportionality. between its supporters and opponents and an explanation of the basis on which the principle of proportionality is based. This study also deals with an explanation of the methods that the administrative judge uses when controlling proportionality to reveal the error that the administration made when issuing its decision in terms of appropriateness, specifically the error in assessing the importance and seriousness of the cause and its proportionality to the matter that is called lack of proportionality. Proportionality in administrative decisions, and among these methods is (the theory of clear error), which was adopted by the French State Council for the Control of Proportionality, especially in administrative control decisions, and (the theory of hyperbole), which the Egyptian administrative judiciary adopted as a tool for controlling proportionality in administrative decisions, especially in the field of disciplinary decisions. This study deals with some judicial applications in France, Egypt, and Iraq, analyzing and comparing them, and then this study addresses some recommendations or suggestions for the Iraqi administrative judiciary to follow the French and Egyptian example in this field.
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Fejes, Erzsébet, and Iván Futó. "Artificial Intelligence in Public Administration – Supporting Administrative Decisions." Pénzügyi Szemle = Public Finance Quarterly 66, Special edition 2021/1 (2021): 23–51. http://dx.doi.org/10.35551/pfq_2021_s_1_2.
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Artificial intelligence (AI) is an increasingly popular concept, although it is often used only as a marketing tool to label activities that are very far from AI. The purpose of this article is to show what artificial intelligence (AI) tools - expert systems - can actually be used for administrative decision in public administration. The end of the administrative decision must be justified in detail according to the legal regulations. Expert systems do this. The other large group of AI tools, solutions based on machine learning, act as black boxes, mapping input data to output data, so the reason for the solution is unknown. Therefore, these tools are not suitable for direct, administrative decision, but can support office work with expert systems. In this article, we present the operation of expert systems through examples.
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Kareklas, Stefanos. "“HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM." Administrative law and process, no. 2 (29) (2020): 78–88. http://dx.doi.org/10.17721/2227-796x.2020.2.06.
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The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
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Mehmedović, Emir, and Amel Delić. "ODLUČIVANJE U JAVNOJ UPRAVI / DECISION-MAKING IN PUBLIC ADMINISTRATION." Pregled: časopis za društvena pitanja / Periodical for social issues 64, no. 2 (2023): 87–110. http://dx.doi.org/10.48052/19865244.2023.2.87.
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In the paper, the authors are considering a broader framework of the decision-making in Public Administration, examining decision-making process, i.e. the process of making decisions in the administrative procedure. Generally, decision-making is the process and act of choice between several possible alternatives in certain situation. It is of particular importance in the administrative procedure, considering that the public and also legal interests of citizens are simultaneously protected in this procedure. Administrative bodies decide on the rights, obligations and legal interests of natural and legal persons in the administrative procedure. When making a decision in an administrative procedure, the administrative authority determines, within its jurisdiction, whether the interests of the parties are in accordance with the regulations, that is, the public interest, and thus resolves a certain administrative matter. The decision-making process in the administrative procedure is legally standardized and as such implies the application of the rules of formal logic. The legal syllogism represents a model of the decision-making process, but its use does not necessarily mean that the result of the conclusions of different individuals, which also depends on personal characteristics, knowledge and experiences, will be the same, and that the same conclusions will be reached. Particular actions in the administrative procedure are performed and decisions are made by authorized officials, either as individuals (the head of the administrative body or an authorized official in the administrative body) or as collegial bodies. However, as specific decisions in the administrative procedure are made by individual persons, there is a possibility of different understanding and connection of legal norms or their application to a specific factual situation.
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Voityk, Oleksandra. "Peculiarities of administrative decision-making in local government bodies." Democratic governance 31, no. 1 (2023): 63–74. http://dx.doi.org/10.23939/dg2023.01.063.
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Formulation of the problem. In modern conditions of decentralization in Ukraine, local authorities receive new rights, powers and responsibilities corresponding the role and functions they are called to perform before the state and the people. Accordingly, the range of management actions they must implement is expanded and updated, which obliges local self-government bodies to pay special attention to the adoption of high-quality and effective decisions within their competence. Analysis of the recent research and publications. Such scientists as I. Ahieieva, V. Adamovska, M. Borovyk, N. Briushkova, L. Vaganova, O. Volkova, M. Ishchenko, O. Karpanasiuk, O. Kovryha, N . Kondratenko, V. Kopytko, G. Krasnova, Ya. Lashchuk, V. Martynenko, N. Makhnachova, O. Nikoliuk, M. Novikova, L. Rodchenko, M. Snitchuk, O. Udovytsa, M. Tsutskiridze, I. Yurichyna and others researched administrative decision- making a lot. Scientists raise the issue of peculiarities of administrative decision-making by local self-government bodies, analyze administrative decisions as a form of implementation of organizational function of public administration, assess the peculiarities of administrative decision-making by public authorities in extreme conditions, etc. Determining parts of the general problem that were not resolved previously. Administrative decision-makingin local self-government bodies remains acutely relevant in modern Ukrainian society, which requires constant in-depth scientific research. The subject of this research is the processes and procedures associated with the peculiarities of administrative decision-making by local self-government bodies in modern conditions. Presentation of the main research material. Making administrative decisions is a complex process, which in general should be considered in two following directions: normative (rational), according to which decisions are made on the basis of defined norms, standards and regulations; behavioral (psychological), in which managers make decisions based on their certainexperience. Administrative decisions in local self-government bodies should be made based on the need to consider them as part of a single administrative process, expediency, reasonableness and rationality, therefore, the model of their rational adoption should be considered. Administrative decision-making is a processе that must be rational, that is, produce the most reasonable decisions even when the managers have minimal resources for their adoption. Accordingly, decision-making procedure must be well thought out and provide an ideal algorithmic sequence for its implementation. In the most general form, the model of rational administrative decision-making in local self-government bodies should include such stages as preparation for the development of an administrative decision, its development, adoption and implementation. Based on the presented model, administrative decision-making in local self- government bodiesis based on the consideration of information, its analysis and summarizing from the point of view of the complexity and unity of the administrative processes. This means that all stages are interconnected by inextricable ties, andin its integrity allowsolving the tasks set before the managers. Currently, there are many problems and unresolved issues forlocal self-government bodiesin the field of administrative decision-making. In order to solve them, it is necessary to take the following steps: improve the process of planning of the activities of local self- government bodies in accordance with the need to improve the staffing; to develop goals and areas of work for local self-government bodies on a scientific basis so that they could work effectively and make informed administrative decisions; along with this, use and implement scientific approaches to organization of purely administrative work when making administrative decisions; to improve the training of personnel responsible for making administrative decisions taking into account the development of modern society; to use innovative technologies and approaches in the process of decision-making in local self-government bodies, as well as use modern softwareactively; to develop criteria for assessing the effectiveness of administrative decision-making by local self-government bodies, which wouldensure the highest quality of the specified process; as a result of the above steps – to improve personnel, material, technical and financial support of local self- government bodies, and bring them to self-sufficiency in their functioning. Conclusions. Administrative decisions in local self-government bodies are made in accordance with the model of their rational adoption, which is based on such stages as preparation for development, development, adoption and implementation of the decisions. Taking into account issues andproblems, which currently exist in the field of administrative decision-making in local self-government bodies,it is necessary to take the steps, implementation of which will enable improvement of the process of administrative decision-making in local self-government bodies and improvement of the quality of life for people.
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Kareklas, Stefanos. "SAND IN THE GEARBOX OF THE FUNCTIONING OF PUBLIC ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACT AND ITS CONTROL." Administrative law and process, no. 4 (27) (2019): 15–25. http://dx.doi.org/10.17721/2227-796x.2019.4.02.
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The article discusses the issue of the existence and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. In the article the various types and categories of problematic decisions are presented. This issue is presented according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality, other remedies and procedural functions are considered, which can be employed either by the institutions themselves or by the citizens negatively affected in their rights by the problematic decision. Even though the situation at legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of uncommonly many incorrect and illegal decisions, the suspension of which requires time and resources, whereas in the meantime the citizens involved have to struggle to maintain their rightful status or even to merely socially and economically survive. The quantity of such decisions of the administrative and State-institutions is reaching a threshold which can be considered risky and dangerous, not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
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Latif, Abdul, Lulik Tri Cahyaningrum, and Suparji . "Environmental Control and Management Continuation Through the Ruling of the State Administrative Court." International Journal of Religion 5, no. 8 (2024): 475–83. http://dx.doi.org/10.61707/j1kx6402.
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Changes in environmental law provisions that have the potential to cause inconsistencies in these decisions must be harmonized with the legal system. Without consistency in decisions regarding environmental public administration disputes, it will be difficult for the government to make decisions and guideline for determining policies related to environmental protection and management. The aim of this research is to determine the consistency of environmental administration dispute decisions in state administrative courts. The writing method uses a normative juridical approach with statutory regulations, the legal sources used are primary and secondary legal sources relating to state administrative law and those relating to environmental regulations, apart from that the author uses a case study approach. The results of the research show that the implementation of regulations related to state administrative decisions in the environmental sector is still inconsistent, with the government placing more emphasis on remedial (retroactive) efforts in environmental problems which are manifested in the form of government intervention to restore environmental conditions after pollution and/or damage occurs. environment. Considering that the majority of environmental law enforcement is in the field of government administration, inconsistencies in environmental state administration decisions must be resolved immediately to realize good environmental protection and management. In fact, the decision of the state administrative court judge is not only intended to resolve a dispute but will also serve as a guideline for government agencies/officials in realizing sustainable environmental protection and management.
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Alshawabkeh, Faisal Abdulhafez, and Tayil Mahmoud Shiyab. "Judicial oversight as a form of governance in the face of administration arbitrariness in administrative decisions." Journal of Governance and Regulation 10, no. 4, special issue (2021): 261–71. http://dx.doi.org/10.22495/jgrv10i4siart6.
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This research explains judicial control as a form of governance in the face of arbitrary administrative decisions — the UAE is an example (Zwart, 2016). The aim of the study is to demonstrate how judicial control can contribute to achieving good governance of the administrative decisions in the absence of the legislative provisions related to the causes of cancellation of an administrative decision. The data were sourced from relevant books, journals, official texts, and courts decisions. The data obtained was analysed through descriptive and analytic methods. This paper is divided into three themes. The first tackles the incidents of abuse of power. The second demonstrates the ways in which abuses of power can be proved, and the third discusses the correlation between judicial control and good governance. The study found that the abuse of power is related to the discretionary power of the administration and that it is a latent defect related to the psychological intentions of the decision-maker and is difficult to prove, also that the administrative jurisdiction plays an important role in promoting the good governance. The study concluded that it is important for the UAE legislator to issue a law regulating the action for the annulment of administrative decisions.
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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة". Twejer 3, № 3 (2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.
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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract
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Kupita, Weda. "Ordinary State Administrative Dispute and Positive-Fictitious decisions Dispute in Administrative Court (PTUN), In Relation to Administrative Appeal." Jurnal Dinamika Hukum 21, no. 1 (2021): 92. http://dx.doi.org/10.20884/1.jdh.2021.21.1.2922.
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The State Administration decisions, is a written determination by a government official, if it is the object of a dispute in the Administrative Court, it is categorized as an "Ordinary State Administrative Dispute". PTUN is also authorized to adjudicate disputes caused by the existence of "Positive-Fictitious Decisions", which is interpreted as a silence of government officials not issuing the requested petition, then the petition is considered legally granted. The dispute is categorized as "Fictitious-Positive Decision Dispute". Before filing a lawsuit to the Administrative Court, it must first take an " Administrative Appeal ", it is determined if the authorized official does not respond (acts in silence) to Administrative Appeal, then "Administrative Appeal are deemed granted". Then there will be a juridical problem: "whether the dispute will be tried by PTUN as" Ordinary State Administrative Dispute "or as" Fictitious-Positive Decision Dispute? ". The approach method used is Normative Juridical, qualitative normative analysis method, and grammatical and systematic interpretation method. It is not yet clear whether the legal event will become an "Ordinary TUN Dispute" or a "Fictitious-Positive Decision Dispute", because it cannot be classified into the two types of disputes. Certainty is needed, because the procedural law are very different between the two types of disputes.Keyword: Ordinary Dispute, Positive-Fictitious Dispute, Administrative Appeal, Administrative Court.
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Noor, Hendry Julian, Kardiansyah Afkar, and Henning Glaser. "Application of Sanctions Against State Administrative Officials in Failure to Implement Administrative Court Decisions." BESTUUR 9, no. 1 (2021): 72. http://dx.doi.org/10.20961/bestuur.v9i1.49686.
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<p>The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not adhere to administrative court decisions. This is prescriptive legal research and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. Firstly, the results showed that the nature of administrative court decisions is <em>erga omnes.</em> The types of administrative court decisions are before and after the dispute subject examination. Furthermore, the execution consists of the obligation to revoke the state administrative decisions, issue new laws due to the petition for negative or positive fictitious choices, and the imposition of compensation and rehabilitation in employment disputes. Secondly, the position of the Prosecutor was categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.</p><p><strong>Keywords:</strong> Administrative Sanctions; Administrative Court; Prosecutor’s Office.</p>
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I Gede Buonsu, A. A. Sagung Laksmi Dewi, and Luh Putu Suryani. "Keputusan Fiktif Sebagai Dasar Pengajuan Gugatan Sengketa Tata Usaha Negara." Jurnal Preferensi Hukum 2, no. 1 (2021): 68–72. http://dx.doi.org/10.22225/jph.2.1.2797.68-72.
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Based on the definition of a state administrative dispute, it can be seen that a State Administrative Dispute has an object in the form of a State Administrative Court, which has been regulated in Article 1 paragraph (9) of Law Number 51 of 2009. State Administrative Court itself can be divided into two, namely negative and positive fictional KTUN regulated in article 3 of the Administrative Court Law and article 53 of the Government Administration Law. This study aims to analyze the arrangement of fictitious TUN decisions according to positive law in Indonesia and to find out the fictional TUN decisions as objects of state administration disputes. This research uses descriptive normative research methods with legal, conceptual and case approaches. The results showed that the decision of fictitious TUN can be divided into two, namely negative fictitious TUN and positive fictitious TUN in which the two rules indirectly cause conflict because they both regulate fictitious TUN but have different meanings, where based on Article 3 is interpreted as a decision rejection (negative fictitious KTUN) while according to the provisions of Article 53 it is interpreted as a decision to grant (positive fictitious KTUN).
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Pszczyński, Mateusz. "Administrative Decisions in the Era of Artificial Intelligence." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 11 (December 30, 2020): 253–71. http://dx.doi.org/10.14746/ppuam.2020.11.13.
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The rapid development of cybernetics allows the use of artificial intelligence in many areas of social and economic life. The State can also harness algorithms and machine learning for its actions. Automatic decision making should be one of the stages in the development and improvement of public administration. While it is easy to implement these solutions in the case of related decisions, decisions made under administrative discretion, general clauses or valuation standards pose a challenge. The correct transformation of paper-based public administration into automatic public administration requires a change in decision makers’ thinking, the introduction of new solutions, and building trust in artificial intelligence. Therefore, new solutions have to be built in accordance with the principles of transparency, accountability, equality, goodness and justice. Artificial intelligence making automatic decisions on behalf of the State must be a tool to support the execution of public tasks concerning citizens which is based on trust towards AI and public administration.
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Aldrou, Khaled Khalaf Abed Rabbo. "The Principle of Transparency in Administrative Decisions in Light of Artificial Intelligence for Sustainable Development Goals: A Legal Study." Journal of Lifestyle and SDGs Review 5, no. 2 (2025): e04416. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe04416.
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Objective: The article aims to evaluate the level of transparency in administrative decisions in light of artificial intelligence for sustainable development goals. Theoretical Framework: It should be noted that administrative decisions have always played an important role in the context of contemporary events, and without them, ensuring legal security is practically unimaginable. Not without reason does transparency occupy the most crucial place in administrative decisions. Method: This qualitative approach involved engaging a panel of subject matter experts who possess extensive knowledge and experience in administrative law, artificial intelligence applications in governance, and public administration within Jordan. Results and Discussion: The adoption of artificial intelligence in administrative decision-making processes in Jordan requires a comprehensive framework to ensure transparency. The current low index of transparency indicates that citizens may not fully understand how decisions are being made or the role that artificial intelligence plays in these processes. Research Implications: The research has limitations which involve not considering all possible indicators and benchmarks for evaluation. Future research will involve expanding the list of consolidated indicators. Originality/value: Education and awareness campaigns are crucial for improving transparency. By educating the public about how artificial intelligence is used in administrative decisions, the government can demystify the technology and reduce misconceptions.
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Romero Seguel, Alejandro. "Proceso civil y prejudicialidad administrativa." Revista de derecho (Coquimbo) 21, no. 2 (2015): 377–400. https://doi.org/10.22199/issn.0718-9753-1917.
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This article analyzes the link that arises between civil procedure and the Administration in relation to the so-called administrative prejudiciality. The aim is to explain a series of legal ties in cases where decisions issued by administrative bodies affect the decision of civil procedures under Chilean law.
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Kaiyu, Fu. "Legal Object Control of Major Administrative Decisions." Economics, Law and Policy 7, no. 1 (2024): p87. http://dx.doi.org/10.22158/elp.v7n1p87.
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Major administrative decisions have the characteristics of wide scope of influence and long duration. Since the promulgation of the Interim Regulations on the Procedure of Major Administrative Decisions, the situation that decisions cannot be depended on has been initially solved. However, there are still certain difficulties regarding the object of the legal relationship of major administrative decisions. The scope of major administrative decisions is ambiguous, and the dynamic object is dominated by the participation of the public and experts, which cannot guarantee the scientific and democratic decision-making. Therefore, this paper proposes to limit the scope of major administrative decisions statically and strengthen the participation of experts and the public scientifically and democratically.
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Sasmito, Hasto. "Implementation Of Decisions And Obstacles Administrative Court - Implementation Obstacles." Jurnal Daulat Hukum 1, no. 2 (2018): 391. http://dx.doi.org/10.30659/jdh.v1i2.3279.
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Indonesia is a country of law. The rule of law means in our country is the law that has significance especially in all aspects of community life. Everything implementation carried out by the state through its government should be appropriate and according to the channels that have been determined in advance by law. Judicial Administration is a special court, which was given the authority to resolve disputes that arise in the field of administration and personnel or disputes that occur between administration officials with a person or body of civil law as a result of the issuance or issuance of a decision. Act no. 5 of 1986 on State Administration aims to provide a container or a space for people and civil legal entity to file a lawsuit to the Administrative Court (PTUN) for the issuance of an administrative decision (KTUN), then his rights to feel disturbed or harmed but in practice administrative court ruling will not necessarily be implemented because of constraints exist that impede the implementation of the decision of the Administrative Court. Thus the presence of the administrative court as an institution that is expected to be a means of enforcement and legal protection in the field of administration can not be carried out effectively and still needed revision of the law.Keywords: State Administrative Court (PTUN).
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Yusdiansyah, Efik. "The State Administrative Decision-Making in the Adoption of Maslahah Mursallah Principle in Indonesia." Sriwijaya Law Review 7, no. 2 (2023): 287. http://dx.doi.org/10.28946/slrev.vol7.iss2.2557.pp287-299.
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The development of State Administration Law is a prerequisite for constitutional development in realising good governance. From the perspective of national administration, administrative reform is a revision of several legal policies related to structure, process, and management in the areas of finance, supervision, staffing, accountability and transparency, and political decision-making processes and their implementation. Political decision-making process and its implementation. State administration reform also means reform in the field of state administration law. As one of the efforts to use the Islamic Law approach, one of which is the principle of maslahah mursalah, which prioritises the benefit of the people. So what if this principle is applied to policy making by State Administrative Officials. This study aims to determine the application of the principle of maslahah mursalah to State Administrative Decisions. The method used is normative legal research method, using deductive analysis method. It is hoped that the results of this research will be able to provide an overview of the role of the maslahah mursalah principle in efforts to realise State Administrative Decisions based on good values, as well as providing a sense of justice and prioritising benefits and avoiding mischief.
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Jaśkowski, Marek. "Decisions and Administrative Acts according to the ReNEUAL Model Rules on the EU Administrative Procedure and Proposal for Regulation for an Open, Efficient and Independent EU Administration." Polish Review of International and European Law 5, no. 2 (2018): 99. http://dx.doi.org/10.21697/priel.2016.5.2.04.
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The author presents and analyses the notions of a decision according to ReNEUAL Model rules on EU administrative procedure and of an administrative act according to the Proposal for Regulation for an open, efficient and independent European Union administration. The discussion approaches the subsidiary character of the proposed rules and exclusions of their applicability in given cases, the designation and individual character of decisions and administrative acts, as well as their form and content. Additionally, the author considers the possibility of qualifying certain regulations as decisions or administrative acts. According to the conclusion, the scope of application of analysed proposals may turn out to be relatively restricted because of the exclusion of implementing acts in the case of the Regulation proposal and the potentially narrow interpretation of the notion of a decision in the case of the Model Rules.
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Pamungkas, Yogo, Amriyati Amriyati, Andari Yurikosari, and Richi J. Candra. "Challenges of State Administrative Court Decisions Implementation: Analysis of Challenges to Execution of State Administrative Court Decisions." Eduvest - Journal of Universal Studies 3, no. 8 (2023): 1389–404. http://dx.doi.org/10.59188/eduvest.v3i8.870.
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The problem posed in this study is what are the factors causing the obstruction of the implementation of the PTUN decision? second, what is the solution to the obstruction of the implementation of the PTUN decision? The purpose of the study is to determine the factors causing the obstruction of the implementation of the PTUN decision and the formulation of solutions for the obstruction of the implementation of the PTUN decision. This study uses doctrinal study methods. emphasizes the use of secondary data from primary legal materials, especially on regulations related to material and formal aspects of State Administrative Justice, secondary legal materials in the form of reference books and research relevant to the theme of study. Especially for reference books and research will be expanded with historical and social themes to see the social factors that influence the formation of law. Third, tertiary law materials as data discovery tools. The results of this study found that obstacles to the implementation of PTUN decisions are procedural laws that have not been able to provide guarantees about the mechanism for implementing decisions and decisions that do not consider aspects of the state administrative law ecosystem and administrative political ecosystem. In the event that there is a request to issue a decision or take action or revise the decision by issuing a new decision, an ex nunc assessment and the implementing agency of the PTUN decision are required.
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Mazur, Oleksandr. "Regulatory and legal basis of electronic governance for modernization of administrative processes in public authorities of Ukraine." Public administration and local government 45, no. 2 (2020): 45–56. http://dx.doi.org/10.33287/102018.
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In the article, we understand the term «administrative process» as the statutory procedure for public administration. The author considers the legal framework for introducing e-governance according to modernizing the activities of public administration, which are the main stages of administrative processes. The author believes the implementation of information and communication technologies is an important area for achieving greater efficiency of public administration.
 The purpose of the article is to conduct a retrospective review and systematization of regulatory and legal support of Ukraine on the implementation of e-governance aimed at modernizing the administrative processes taking place in public administration.
 The author examines the regulations on informatization, e-governance and digital transformation in terms of the main stages of administrative processes, namely: task definition; preparation for management decisions; decision making; bringing it to the recipients and organization of execution; control over the implementation of the decisions.
 The author concludes that since the proclamation of Ukraine’s independence in 1991 to the present in regulations on the introduction of information and communication technologies in public administration areas of public policy in the field of informatization and e-governance have significantly changed the administrative processes in public administration bodies. The author states that at the first stages of informatization of public administration in regulatory and legal support the greatest attention in the introduction of information and communication technologies was paid to the main stages of administrative processes. According to the author, the basic principles of information society development in Ukraine, with their focus on citizen participation in governance, have influenced all the main stages of administrative processes. To support, the author systematizes the main stages of information systems used in public administration, namely: information systems for statistical presentation of information are introduced for the stage of «task definition»; information-analytical systems are introduced for the stages «preparation for management decision-making» and «decision-making»; for the stages of «bringing it to the addressees of the decision», «organization of execution» and «control of execution of decisions» electronic document management systems are introduced.
 In the course of the analysis, the author finds out that the activities of public administration bodies such as «disclosure and access to public information» and «public services providing» in which administrative processes take place have become important. According to the author, the active phase of rule-making support of e-governance shows that the main focus is on providing administrative services in electronic form through web portals and mobile Internet services.
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TAYIB, ABDUL. "EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA TERHADAP PEJABAT PEMERINTAH DAERAH BERDASARKAN UNDANG-UNDANG NOMOR 9 TAHUN 2004." GANEC SWARA 15, no. 1 (2021): 880. http://dx.doi.org/10.35327/gara.v15i1.187.
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The problem examined in this paper is how is the execution of state administrative court decisions against regional government officials based on Law Number 9 of 2004? The approach used is the statutory approach (The Statute Approach) and the conceptual approach (Conceptual Approach). The results of this study indicate that: The process of resolving State Administration disputes which are public disputes involving persons / civil legal entities as plaintiffs and government officials (TUN Officials) as defendants, the legal power of the decision to execute the State Administrative Court which is the executor of judicial power in the environment. The Supreme Court is equivalent to decisions of other judicial bodies. Then the normative changes to the State Administrative Court with Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts made legal remedies contained in Article 116 such as forced money and/or administrative sanctions and publication of court decisions. be better than using a hierarchical execution model which is considered ineffective in the current era of regional autonomy. Under these circumstances, efforts must be made to provide other alternatives to produce a deterrent effect for government officials, especially local government officials, to submit to the State Administrative Court's decision.
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Bimasakti, Muhammad Adiguna. "DISCOURSE OF ELECTRONIC JUDICIARY REGARDING EXECUTION OF COURT DECISIONS IN THE ADMINISTRATIVE JUDICIARY BODY." Jurnal Hukum Peratun 5, no. 1 (2022): 19–38. http://dx.doi.org/10.25216/peratun.512022.19-38.
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In the past, the litigation process in court was carried out manually from registration of cases to the reading of court’ decision. With the promulgation of Supreme Court Regulation No. 1 of 2019 concerning the Administration of Cases and Hearing in Electronic Courts (PERMA No. 1 of 2019), the paradigm regarding judiciary process has shifted towards electronic justice. In the sense that from registration of cases, the adjudication stage (trial in court) and the reading of court decisions is carried out electronically with the e-court application. However, this regulation did not reach the post-adjudication administrative process, at the stage of execution of the decision. For this reason, this paper was made to look at the potential for the implementation of administration of the execution of court decisions, especially in the administrative court, through the hierarchical execution process using the e-court application. The results of the study indicate that the administrative process of the execution of administrative court decisions can be carried out through the e-court application by changing the e-litigation paradigm, namely the change in PERMA no. 1 of 2019. The e-litigation paradigm in this regulation must also be expanded into e-judiciary (holistic electronic judiciary) so that the execution stage can be carried out electronically.
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Wurid. "KONTEKSTUALISASI NORMA FIKTIF POSITIF MENURUT UNDANG-UNDANG ADMINISTRASI PEMERINTAHAN." Yustitia 8, no. 2 (2022): 122–35. http://dx.doi.org/10.31943/yustitia.v8i2.162.
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The silence of the Government Administration as a Positive Fictitious Decision means thatif an Official and/or Government Agency ignores a request from a citizen, it is deemed to have granted the request. In Indonesia, Positive Fictitious Decisions have a place inlegislation. Law Number 30 of 2014 concerning Government Administration regulatesPositive Fictitious Decisions. This paper tries to explain the implementation of PositiveFictitious Decisions after the enactment of Law Number 30 of 2014 concerning Government Administration in the State Administrative Court.
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Putra, Muhammad Amin. "ADMINISTRATIVE DECISIONS WITH POTENTIAL LEGAL CONSEQUENCES AS OBJECT OF DISPUTE IN THE STATE ADMINISTRATIVE COURT." Jurnal Hukum Peratun 3, no. 1 (2020): 1–18. http://dx.doi.org/10.25216/peratun.312020.1-18.
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Since the enactment of Law No. 30 of 2014 concerning Government Administration, there have been many dynamics of changes in judicial practice in state administrative courts, especially in relation to the object of dispute. One of them is regarding Decisions with Potential Legal Consequences as regulated in Article 87 of the Government Administration Law. The problems that arise are related to the accountability of officials, and also to the declarative decisions and constitutive decisions that are regulated in Article 54 of the Government Administration Law. In this paper it is found that officials who issue declarative decisions are not necessarily free from administrative responsibility and the validity of their decisions is determined by the validity of constitutive decisions (as decisions that have the potential to have legal consequences) on which the declarative decisions are issued. This paper uses a normative-legal research method, namely using secondary data in the form of primary and secondary sources of law, both applicable laws and related literatures.
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AlHendi, Noor Issa. "Electronic administrative decisions and discretionary authority of public administration." International Journal of Electronic Security and Digital Forensics 15, no. 3 (2023): 240. http://dx.doi.org/10.1504/ijesdf.2023.130677.
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Bekesi, Nóra, and Kitti Pollak. "The realisation of the constitutional principles - the right to good administration and the right to legal remedy - in Hungary." Bratislava Law Review 2, no. 1 (2018): 46–56. http://dx.doi.org/10.46282/blr.2018.2.1.90.
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The paper aims to present the realisation of two procedural principles – the right to good administration and the right to legal remedy – regulated also in the Fundamental Law of Hungary, which entered into force on 1st January 2012. The right to legal remedy has been a constitutional principle since the change of regime (in 1989) and the right to good administration has been constitutionally named only by the Fundamental Law of Hungary. The actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. Based on these Acts, a new legal remedy system has been introduced regarding administrative decisions in which the judicial review procedures became – instead of the internal administrative appeal procedures – in most of the cases the firstly used legal remedy possibility regarding administrative decisions. After a short overview of the new legal remedy system which has been introduced regarding administrative decisions, the paper presents the constitutional basis of the right to good administration and the right to legal remedy. Finally, we analyse in detail the latest and most relevant decisions of the Constitutional Court of Hungary and some cases of the Curia of Hungary about the practice of the direct enforcement of the constitutional principles: the right to good administration and the right to legal remedy regarding administrative decisions.
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Garifullin, M. V. "The issue of legal regulation of administrative procedures on the example of foreign countries." Uzhhorod National University Herald. Series: Law 2, no. 81 (2024): 69–72. http://dx.doi.org/10.24144/2307-3322.2024.81.2.11.
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The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and peculiarities of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed.
 Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered.
 The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act.
 The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.
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Garifullin, Maksym. "On the question of legal regulation of administrative procedures on the example of foreign countries." Visegrad Journal on Human Rights, no. 6 (March 14, 2024): 16–19. http://dx.doi.org/10.61345/1339-7915.2023.6.3.
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The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and features of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed.
 Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered.
 The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act.
 The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.
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Solovey, Yu P. "Development of Legal Positions of the Plenum of the Supreme Court of the Russian Federation on Judicial Review of the Legality of the Implementation of Administrative Discretion." Siberian Law Review 21, no. 4 (2024): 533–60. http://dx.doi.org/10.19073/2658-7602-2024-21-4-533-560.
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The concept of administrative discretion has become a significant topic in legal scholarship, focusing not on abstract legal terms and concepts, but on the fundamental possibility and extent (intensity, boundaries, limits) of judicial review of the legality of discretionary decisions, actions (or inaction) by public administration. In this context, the article examines the legal positions of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Plenum) as reflected in its resolutions adopted after the enactment of the Russian Federation’s Law No. 4866-1, “On Appealing Actions and Decisions Violating Citizens' Rights and Freedoms in Court”, dated April 27, 1993. These resolutions concern the judicial review of the legality of discretionary decisions, actions (or inaction) of public administration contested by citizens and organizations through administrative and arbitration proceedings. The purpose of the study is to outline the development trends of these legal positions and assess their capacity to ensure substantive judicial review of the legality of discretionary decisions, actions (or inaction) by public administration. Employing dialectical, formal-logical, historical, formal-legal methods, and the method of legal interpretation, the Author concludes that the Plenum’s legal positions have evolved from an initial disregard of the issue to the establishment of concrete criteria for such a review. This progression, despite certain limitations noted in the article, significantly supports meaningful judicial review of the legality of discretionary decisions, actions (or inaction) by public administration, thereby enhancing the protection of citizens' rights, freedoms, and legitimate interests, as well as those of organizations. The Author suggests that a comprehensive solution would not involve the legislative proposal, made by some authors, to abandon the requirement for courts to determine the illegality of such decisions or actions as a prerequisite for satisfying an administrative claim. Instead, a more effective approach would be the enactment of a federal law on administrative procedures, which is currently absent. Such a law would comprehensively outline principles to serve as criteria for substantive judicial review of the legality of administrative discretion. Until the adoption of this federal law, the Author advocates for a new legal position by the Plenum to clarify how judicial practice interprets the legal requirement for satisfying an administrative claim challenging discretionary decisions or actions by public administration. Specifically, this would involve defining the requirement for courts to establish that the challenged decision, action (or inaction) violated the rights, freedoms, or legitimate interests of the administrative claimant. Adopting the proposed legal position, as outlined in this article, would remove the immunity of administrative discretion from judicial review.
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Kwon, Eunjeong. "Algorithmic Impact Assessment as a Control System of Automated Disposition." National Public Law Review 19, no. 2 (2023): 121–48. http://dx.doi.org/10.46751/nplak.2023.19.2.121.
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The Framework Act on Administration, scheduled to take effect in March 2021, provides an explicit basis for fully automated administrative decisions by introducing the concept of ‘automatic disposition’ in Article 20. Traditionally, the ‘automation of administration’ was significant as an auxiliary administrative procedure consisting of automatic mechanical devices such as traffic signal transmission, tax, and utility bill calculation. Moreover, since automated administrative decisions using artificial intelligence (AI) technology are also included in this automatic disposition, there is room for legal acceptance of automated administrative decisions based on artificial intelligence algorithms that exceed the level of conventional computerization or partial automation. However, it is still a long way from implementing a fully automated administrative decision system based on current law and having technical and institutional safety devices for it. On the other hand, the Framework Act on Intelligent Informatization, which took effect in December 2020, introduced a new ‘social impact assessment’ for intelligent information services that have far-reach effects on citizens’ lives. According to Article 56 of the Act, the main goal of this impact assessment system is to investigate and evaluate the impact of intelligent information services on society, economy, culture, etc., disclose the results, reflect them in policies, and directly recommend appropriate measures. Since the scope of intelligent information services subject to evaluation is not limited to the private sector, it should be considered that intelligent information services in the administrative sector can also be subject to social impact assessment in this article. It is reasonable to assume that automatic administrative services by artificial intelligence system belong to a wide range of intelligent information services prescribed by law, and that automatic disposition issued as a fully automated system based on intelligent information technology can also be subject to social impact assessment. Although no provisions have been found in law to assess the impact of automated administrative decisions, the government of Canada has implemented the “Directive on Automated Decision-Making” since April 2019, which systematically regulates the automated administrative decision-making system. The requirement that constitutes an important axis of this directive is the ‘algorithmic impact assessment'. For an automated administrative decision-making system that bears relatively stricter legality and public responsibility than private companies' services, it is necessary to process and operate an impact assessment that reviews safety, transparency, and solidity in advance. In this paper, referring to the Canadian case, as a control system of the algorithm-based administrative decision-making system, I propose the institutionalization of the “algorithmic impact assessment” in consideration of the connection with the social impact assessment under the current law.
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Bareikytė, Simona. "Toolbox of the Public Administration Entity. Intersection of the Principle of Legality and Administrative Discretion in Exercising the Revocation of an Administrative Decision." Bratislava Law Review 5, no. 2 (2021): 63–74. http://dx.doi.org/10.46282/blr.2021.5.2.255.
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For some, revocation of an administrative decision arises doubts, for others, it is a legal measure ensuring that public administration entities are able to respond to changing circumstances and adopt not only legitimate, but also fair decisions by striking a balance between private and public interests. This paper aims to analyse the choice of Lithuania with respect to the implementation and application of the public administration entities right to revoke its previously adopted administrative decision. In order to achieve this goal, the results of analysis of the role of the principle of legality and administrative discretion in the decision-making process, legal regulation of public administration and case-law are revealed. The analysis will show that there is room for the possible systematisation of the administrative procedures, aiming to ensure that public administration entities are able to respond to the ongoing changes in order to fulfil the objectivities based on which the particular public administration entities were established.
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Alshahrani, Khalid Ali Y., Abdulrahman Ahmad N. Alhathi, and Ali Muhammad M. Al-Darwbi. "The Authority of Administration in Withdrawing Void and Null Decisions." International Journal of Religion 5, no. 2 (2024): 568–73. http://dx.doi.org/10.61707/2tpv2c11.
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This study focuses on the topic of administrative authority in withdrawing void and null decisions, aiming to understand the mechanisms and powers of administration in this regard through an analytical approach to legal texts and judicial decisions. The study provides a detailed analysis of the foundations and principles governing the administrative authority in withdrawing void decisions, and it reviews the available mechanisms for executing this withdrawal and their practical application. Furthermore, the study also examines the administrative authority in withdrawing null decisions, with an emphasis on analyzing relevant legal texts and judicial rulings to gain a deeper understanding of this authority. The research concludes with important findings regarding the role and authority of administration in this context, along with recommendations for future improvements and the development of administrative policies in this area.
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Al Heeb, Ola Husein, Saleh Naser Oleimat, and Anis Saqer Khasawneh. "The Degree of Participation of Educational Advisors in Decision making in Northern District Schools within the Green Line and their Relationship to Administrative Empowerment." Jordanian Educational Journal 8, no. 2 (2023): 102–26. http://dx.doi.org/10.46515/jaes.v8i2.400.
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This study aims to identify the degree of educational advisors' participation in administrative decision-making in schools from the point of view of principals and advisors, and to identify the level of administrative empowerment of educational advisors in schools, as well as the relationship between the participation of educational advisors in making administrative decisions and their relationship to administrative empowerment. To achieve the aims of the study and to answer its questions a descriptive correlational methodology was used. The study sample was chosen in a simple random way representing the study population, during the academic year (2019-2020) as the sample included (441) respondents, the results showed that the degree of educational advisors participation in decision-making The administration in the Northern District inside the Green Line was large, and the results also showed that the level of administrative empowerment among educational advisors in schools in the Northern District within the Green Line was large, as well, and the results showed that there was a statistically significant correlation (α = 0.05) between the degree of educational advisors' participation In making administrative decisions in Northern District schools inside the Green Line and their relationship to their administrative empowerment.
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Hulkó, Gábor. "Legal Remedies against State Funding Decisions in Slovakia." Public Governance, Administration and Finances Law Review 1, no. 1 (2016): 102–12. http://dx.doi.org/10.53116/pgaflr.2016.1.7.
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Legal remedies against decisions of central state administration or special administrative bodies instead of the standardly used appeal (which is more or less identical in all Visegrad states) special types of legal remedies step in, which can be still considered as ordinary remedies. In Slovakia, the standard legal remedy in administrative procedures is the appeal (in case of organs of central administration called remonstrance) regulated by Act no. 71/1976 on Administrative Proceedings, however in case of special organs this regulation is often overwritten by special rules and by special legal remedies. Latter mentioned – from a jurisprudential point of view - raising the question, whether they can really serve as a tool for a real legal remedy if they represent an effective tool of decision supervision. The following case study introduces the standard procedure of use of such special legal remedy against a decision of the State Fund for Housing Development in Slovakia.
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Widya Hartati, Sandy Ari Wijaya, and Salmi Yuniar Bahri. "Pertanggungjawaban Hukum Pejabat Administrasi Negara Terhadap Keputusan Tata Usaha Negara Yang Dibatalkan Oleh Pengadilan Tata Usaha Negara." Parlementer : Jurnal Studi Hukum dan Administrasi Publik 1, no. 4 (2024): 193–200. https://doi.org/10.62383/parlementer.v1i4.368.
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Administrative Decisions (KTUN) are one of the important legal instruments issued by state administrative officials to carry out government functions. However, it is often found that KTUNs are legally defective due to violations of the principle of legality, general principles of good governance (AUPB), or applicable administrative procedures, which lead to their annulment by the State Administrative Court (PTUN). This study aims to analyze the legal basis and the form of legal responsibility in the administration of State Administrative Decisions (KTUN) that have been annulled. This research uses a juridical-normative method with an approach based on laws and regulations and legal doctrines. The study shows that the annulment of KTUNs by PTUN is usually caused by procedural and substantive violations, such as issuing decisions beyond authority or not meeting formal requirements. In the context of legal responsibility, the agency issuing the KTUN is obligated to retract the decision, restore the rights of the affected parties, and issue a new decision that complies with the law. Furthermore, the officials at fault may be subject to administrative sanctions, ranging from a warning to dismissal, depending on the severity of the error. State administrative officials whose KTUNs have been annulled must fulfill their legal responsibility by revoking or correcting the KTUN, restoring the rights of the affected parties, providing compensation, and implementing administrative sanctions if necessary. Additionally, criminal liability may apply if there is an element of abuse of power. This finding underscores the importance of compliance with the principles of AUPB and positive law in every administrative action to prevent harm to society.
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Sari, Leona putri, and Arif Wibowo. "Pelaksanaan Putusan Peradilan Tata Usaha Negara (PTUN)." Jurnal Penelitian Multidisiplin 2, no. 1 (2023): 59–63. http://dx.doi.org/10.58705/jpm.v2i1.99.
Full textAbstract:
Execution of the decision (executie) is the method and conditions that used by the tools of state power to help interested parties to carry out the judge's decision if the losing party is not willing to comply with the substance of the decision within the allotted time.limiting court decisions that have permanent legal force that are relevant to implementation, namely a decision that has been accepted by the parties or has not been submitted again legal action (appeal or cassation). Court decisions that have not yet obtained force the law still does not have the power of execution or in other words a court decision who still have legal remedies. State business as a manifestation of the implementation of the judicial function to control its course. The executive function in the form of testing a form of state administration decision issued by State Administrative Officials that the decision was in accordance with the provision legislation and general principles of proper government administration in accordance with Article 115 of Law Number 5 of 1986 concerning Administrative Court A state that states that only decisions have gained legal force fixed that can be implemented.
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Terbit Fajar and Arif Wibowo. "Application of Administrative Sanctions in Decisions on State Administrative Cases at the State Administrative Court." JUSTICES: Journal of Law 2, no. 4 (2023): 213–20. http://dx.doi.org/10.58355/justices.v2i4.24.
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In carrying out its duties and authority, it is felt that the State Administrative Court (PTUN) in Indonesia has not met the expectations of the people seeking justice. This journal discusses the application of administrative sanctions, the obstacles they face and the concept of effective application of administrative sanctions in TUN case decisions at the Semarang PTUN. The research method is socio legal. The results of the research are first, the application of administrative sanctions in TUN case decisions at the Semarang PTUN is not optimal. Second, the obstacles are low awareness of TUN Officials, lack of active participation from the Defendant and lack of supervision, there are no regulations regarding a special budget. Third, the concept of effective implementation is that there is a legal basis for the PTUN to include administrative sanctions in its decision, revise the provisions of the relevant articles, there needs to be a clear commitment from the TUN Agency or Officials and their superiors, the need for supervision.
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Alanzi, Awad Ali. "Judicial Control Over Negative Administrative Decisions in the Saudi Legal System." Academic Journal of Interdisciplinary Studies 11, no. 6 (2022): 26. http://dx.doi.org/10.36941/ajis-2022-0146.
Full textAbstract:
In this study, we discuss the negative decision concept as the legal characterization approved by the Law for Administration's abstention or refusal to issue a decision, which is obligated to give in accordance with the laws and regulations. The study aims to determine the possibility of challenging its negative position and re-coursing if the Administrative Authority fails to perform its duty or Circumvent Law in a manner that prejudices individuals’ interests. We have clarified that every silence or abstention from Administration is not a negative decision. Rather, it is required that the Authority of Administration should be restricted upon its silence or refrain from doing as per legal requirements. Further, the negative administrative decision is a legal characterization that is not embodied in a material form, and its issuance is not subject to formal and statutory rules established for issuing explicit decisions. Therefore, it does not need to be announced to be effective in facing individuals. It is also characterized by several characteristics that distinguish it from other decisions. For example, a negative decision of the Administration may be appealed by an annulment suit after the grievance to the Administrative Authority and fulfilling the annulment lawsuit conditions. In addition, compensation for a negative decision could be obtained through a compensation claim if the damage results from Administration's failure to perform its legal duty.
 
 Received: 8 August 2022 / Accepted: 12 October 2022 / Published: 5 November 2022
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Kenneth, Besigomwe. "Administrative Discretion in Uganda: The Role, Impact, and Legal Boundaries." ISRG Journal of Arts Humanities & Social Sciences (ISRGJAHSS) II, no. VI (2024): 170–74. https://doi.org/10.5281/zenodo.14469178.
Full textAbstract:
<strong>Abstract</strong> <em>This study was conducted to investigate the nature of administrative discretion in Uganda, examining its scope, legal framework, impact on governance, and its role in ensuring efficient public administration. Administrative discretion refers to the authority granted to public officials, especially in administrative agencies, to make decisions within the scope of their powers and in line with legal provisions. In Uganda, administrative discretion is crucial for the implementation of policies and the execution of public functions. However, while it enables flexibility in decision-making, it also raises concerns about accountability, fairness, and potential abuse. Through in-depth interviews, doctrinal research and empirical analysis, this study involving 60 respondents (public officials, legal experts, and citizens) evaluated how administrative discretion is exercised in Uganda, its legal boundaries, and the mechanisms in place to prevent abuse and ensure accountability. The study findings suggested that, while administrative discretion is essential for effective governance, its unchecked use poses significant risks to fairness, justice, and the protection of human rights. This research consequently offers recommendations for legal and institutional reforms to ensure that administrative decisions are made in accordance with the rule of law and respect for fundamental rights.</em> <strong>Keywords:</strong> <em>Administrative Discretion, Public Administration, Legal Boundaries, Governance, Rule of Law, Public Policy.</em>