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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
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2

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 deci
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3

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 syst
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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 dec
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6

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
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7

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 B
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8

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
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9

Anoun, Asst Lect Raed Ibrahim. "Alternative Methods for Resolving Administrative Decisions Outside the Judicial Framework." International Journal of Law And Criminology 5, no. 5 (2025): 39–50. https://doi.org/10.37547/ijlc/volume05issue05-06.

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This research addresses the topic of "Alternative Methods for the Finalization of Administrative Decisions Outside the Judicial Framework." The research problem stems from the lack of clarity regarding the legal mechanisms governing the finalization of administrative decisions and their impact on the stability of administrative transactions and individual rights. The importance of this research lies in its examination of an essential aspect of administrative law, namely "the finalization of administrative decisions," from two perspectives: administrative and non-administrative. It aims to clar
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10

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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11

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 considere
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12

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 propo
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13

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 rea
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14

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 st
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15

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
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16

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. Briush
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17

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
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18

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 reg
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19

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
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20

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
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21

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 fir
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22

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>erg
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23

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 TU
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24

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 an
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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 r
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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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27

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 democr
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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
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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 us
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30

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 decision
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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 as
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32

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 U
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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 i
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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
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35

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 offi
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37

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
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39

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.
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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. Vari
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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
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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
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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 leg
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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
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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 repre
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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 leg
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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
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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.

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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
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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 O
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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.

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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 Au
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