Academic literature on the topic 'Administrative law – Comparison – Emploment law'
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Journal articles on the topic "Administrative law – Comparison – Emploment law"
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Boughey, Janina. "ADMINISTRATIVE LAW: THE NEXT FRONTIER FOR COMPARATIVE LAW." International and Comparative Law Quarterly 62, no. 1 (January 2013): 55–95. http://dx.doi.org/10.1017/s0020589312000553.
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AbstractIt is trite to observe that the past three decades have seen an ‘explosion’ in comparative law. Equally well-worn territory is the fact that constitutional law has been a particular beneficiary of the comparative trend, despite the fact that for much of the twentieth century comparative lawyers tended to avoid public law topics. However, one field of law that has been conspicuously absent from the boom in comparison, at least outside of Europe, is administrative law. This article analyses why the use of comparison has been so vastly different between the two areas of public law. It then surveys some recent developments in administrative law and points to a number of aspects of the field that would benefit from the wider use of comparative methods across the world.
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Donnelly, Catherine. "Administrative Law and Multi-Level Administration: An EU and US Comparison." Cambridge Yearbook of European Legal Studies 11 (2009): 211–46. http://dx.doi.org/10.1017/s1528887000001592.
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Abstract The aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.
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Donnelly, Catherine. "Administrative Law and Multi-Level Administration: An EU and US Comparison." Cambridge Yearbook of European Legal Studies 11 (2009): 211–46. http://dx.doi.org/10.5235/152888712802730639.
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AbstractThe aim of this chapter is to assess what, if anything, administrative law can demonstrate about multi-level administration in the European Union and the United States. The particular focus of the examination is not on the content of administrative law in each legal order, but rather on the impact of EU and US federal administrative law on the Member States and US States respectively. It will be seen that, while US federal administrative law has primarily only influential effect on US States, EU administrative law is often binding on Member States. This observation challenges presumptions often made, particularly in political science, as to the degrees of inter-penetration in administration in the EU and the US. It will be argued that the cause of divergence is largely derived from differing judicial attitudes as to the fundamental tenets of the co-operation between the different levels of administration, and indeed, more general understandings of federalism in the two jurisdictions. In this way, this study also provides a useful prism through which to consider integration in the EU and US more broadly.
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Khandanian, Rafik. "PROBLEMS OF THE DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF ARMENIA (CONCEPT AND SUBJECT MATTER OF ADMINISTRATIVE LAW, ADMINISTRATIVE LAW WITHIN THE SYSTEM OF PUBLIC LAW, THE SYSTEM AND SCIENCE OF ADMINISTRAT." Administrative law and process, no. 2(25) (2019): 43–66. http://dx.doi.org/10.17721/2227-796x.2019.2.04.
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The author of this study has studied in details the problems of the formation and development of administrative law, administrative and procedure law, administration and administrative doctrine in the Republic of Armenia (Khandanian, 2019). The relevance of the research. The integrated institution of systemic protection of individual rights and freedoms became a part of administrative and legal regulation’s mechanism in the areas of administration and administrative procedure after the amendments to the Constitution of the Republic of Armenia (December 6, 2015), which established the legal protection of individual rights and freedoms as a priority (the Art. 3 and Chapter 2 of the Constitution of the Republic of Armenia). The national science of administrative law at present time, is undergoing a rethinking, updating and replenishment of the conceptual apparatus. This process is associated with changes in the economic and legal systems of the Armenian society. The tasks related to the formation of the civil society and legal state in Armenia make it necessary to take a fresh look at many administrative and legal concepts that have become customary with regard to their compliance with the modern stage of development of administrative law and the science of administrative law of the Republic of Armenia. The theory of administrative law, which has the status of fundamental science in the system of national jurisprudence, faces complex challenges – revising and rethinking the scope of such fundamental concepts as legal personality issues in administrative law, as well as the concepts and content of administration, administrative and legal acts, the purpose and objectives of administrative procedure, etc. Objective of the research. The objective of the research is to develop the basic provisions of the scientific concept of modern administrative law and procedure corresponding to what happened in Armenian society. Besides, the present study is aimed at a comprehensive, interrelated study of theoretical problems of administrative law and procedure in the context of the reforms carried out in our country, the transfer of legal theory and practice into a qualitatively new status. Research method. The methodological basis of the research consists of the provisions of modern scientific methodology, the latest tools and methods of the theory of administrative law and other branches of law. While working on the topic the author has focused on the results of the research of national and international theorists and practitioners working in the areas of public administration and administrative procedure. The systematic approach to the problems of administrative law made it possible to conduct a thorough analysis of the attributes of administrative law and procedure. The author of the work has also used the methods of scientific cognition, logical methods of analysis, synthesis, generalization, comparison, abstraction. According to the author of the research, the analysis of any state and legal problem, including the problem of administrative law and procedure, should be carried out on the basis of the concept of the rule of law state. The main results of the research. The implementation of the norms of administrative law in the modern period of the development of the Armenian society is one of the most urgent tasks of the state and legal activity. Administrative and legal norms are of paramount importance for the entire society in the and for each citizen of the Republic of Armenia in particular, through the regulatory acts of its agencies related to ensuring the rights and legitimate interests of citizens and economic entities in the field of public administration. The norms of administrative law play an important role in the regulation, organization and functioning of the state apparatus, ensuring the proper and timely definition of positive relations in the field of public administration through administrative procedures and regulations. In this regard, the author focuses on the key issues of political and legal modernization and improvement of administrative law and procedure of the Republic of Armenia. In particular, the author has revealed the content and characteristics of the subject matter of administrative law of the Republic of Armenia, the place of administrative law in the system of public law, the system and science of administrative law. As a result of the work, carried out in accordance with the objective of the research, the author has come to certain results and conclusions that probably reflect the main tendencies in the development of administrative law and procedure of the Republic of Armenia and, in our opinion, will contribute to enrichment of the conceptual apparatus of the science of administrative law and procedure. The improvement and amendments of Armenian legislation, the socio-economic and political reforms carried out in the Republic of Armenia, and the transformation of administrative apparatus have a significant influence on the science of administrative law. According to the author of the research, it is almost impossible to find a sphere of public relations that would not be left without administrative and legal influence. The author of the research has also paid attention to the problems of administrative procedure, administration, legality, administrative justice, correlation of administrative law, procedure, administration and the relevance of the problems of law-enforcement practice. The research that we have carried out suggests that separation from the absolutization of the regulatory approach to administrative law prevailing in the Soviet legal science, diversity of opinions is in legal thinking and integration of legal sciences, the subject of which includes administrative law and procedure as objects of the research, in predetermining changes in the subject matter’s content, system and structure of administrative law and procedure. The systematic approach to study basic institutions of administrative law deepens our understanding of the social nature of administrative law and procedure, allows for a deeper study of individual institutions and categories of administrative target-oriented development of a civilized society. Due to changes occurring in the country, the system and structure of administrative law and procedure, as well as formal sources of administrative law (for example, judicial and administrative precedent) also change. The author of the research has highlighted the importance of creating an adequate philosophical, legal and ideological paradigm of the development of administrative legal awareness and worldview, ensuring legal stabilization of Armenian society in the context of modernization of the political system of the Republic of Armenia and declared reform, based on key principles of modern democratic law, respect and protection of human rights and freedoms. Conclusions. The following conclusion, formed in the work, is that the doctrinal understanding of administrative jurisprudence is, to say the least, inconsistent; this is the main problem of the theory of administrative law, which, in the author’s opinion, can be removed by reforming legislation (for example, with the adoption of the new Code on Administrative Offenses, etc.). According to the author, it can be stated that the importance of administrative and administrative procedural legislation, as well as the norms of administrative law in general, attracted and attracts the attention of scholars and practitioners. Considering the current tendency in the development of legal science, it can be argued that the science of administrative law will continue to develop intensively and perspectively in the future.
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Nolte, Georg. "General Principles of German and European Administrative Law - A Comparison in Historical Perspective." Modern Law Review 57, no. 2 (March 1994): 191–212. http://dx.doi.org/10.1111/j.1468-2230.1994.tb01932.x.
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KUO, MING-SUNG. "On the constitutional question in global governance: Global administrative law and the conflicts-law approach in comparison." Global Constitutionalism 2, no. 3 (September 17, 2013): 437–68. http://dx.doi.org/10.1017/s204538171300004x.
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AbstractThe question of constitutionalization cuts through the heart of theoretical debate on the fragmentation of global governance. This paper aims to contribute to this debate through a comparison of global administrative law (GAL) and the conflicts-law approach. While the conflicts-law approach espouses the move towards global constitutionalism, GAL disavows constitutional ambition. I make a twofold argument. First, the differing diagnoses these two approaches make of global governance lead to their distinct proposed solutions. GAL identifies the lack of accountability as the underlying concern of global governance and responds to fragmented global governance through balancing-centred legal management. The conflicts-law approach instead attributes the challenges facing global governance to the ill-designed democratic institutions in nation states and turns to ‘democratic juridification’ as the solution. Second, GAL and the conflicts-law approach reflect two distinct images of constitutionalism. GAL’s ‘constitutional deficit’ suggests its implicit embrace of a version of constitutionalism rooted in the tradition of populist democracy. The conflicts-law approach situates transnational democracy in the conflicts-law process in which inter-regime conflicts are resolved, suggesting a prototype of constitutionalized global governance underpinned by an epistemic understanding of democracy.
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Birmingham, Peg. "Hannah Arendt’s Philosophy of Law Approach to International Criminal Law." International Criminal Law Review 14, no. 4-5 (July 31, 2014): 695–716. http://dx.doi.org/10.1163/15718123-01405001.
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My argument in this article is that Hannah Arendt has a coherent and well-developed, although not systematic, philosophy of law which she brings to the Eichmann trial specifically and to international criminal law generally. In Part One of the article, I lay out Arendt’s philosophy of law, focusing on her account of the difference between the Greek and Roman conceptions of the law, the status of the consensus iuris, and the status of legal principles. Part Two offers a comparison of Arendt’s and Dworkin’s legal and political principles that animate the law. Part Three takes up Arendt’s approach to international criminal law through an analysis of her report of the Eichmann trial, specifically her account of the unprecedented nature of crimes against humanity, the new type of criminal who commits administrative massacres, and the difference between the criminal and the political trial at the international level.
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Petrykina, N. I. "To the Question about the Ratio of Norms of Administrative and Financial Law." MGIMO Review of International Relations, no. 3(30) (June 28, 2013): 110–14. http://dx.doi.org/10.24833/2071-8160-2013-3-30-110-114.
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Article is devoted to the comparative analysis of norms of the administrative and financial law on the basis of comparison of a subject and a method of the administrative and financial law and other characteristics.
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Schloer, Bernhard, and Kateryna Kravchenko. "MINORS AS SUBJECTS OF LAW: COMPARISON OF THE LEGAL REGULATION IN GERMANY AND UKRAINE (PART 2)." Administrative law and process, no. 3 (30) (2020): 40–52. http://dx.doi.org/10.17721/2227-796x.2020.3.04.
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This article is devoted to the minors as a subject of law. The aim of the article is a comparative analysis of minors in different areas of law as well as age limits. The article focuses on Criminal Law, Administrative Law, Labour Law, Social Law, and Procedure Law. The article is based on a method of comparative analysis of German and Ukrainian domestic law. The results of the article are following. First, a criminal responsibility of minors in both German Law and Ukrainian Law is analyzed. The question of the age of the criminal majority remains one of the most controversial issues in the field of criminal law for minors. In Germany, the age of the criminal responsibility is fourteen years, while in Ukraine the age of the criminal responsibility is sixteen years. The provisions of Ukrainian Criminal Code on criminal responsibility of minors are outdated today. Those provisions should be changed. The same changes should be made in Administrative law of Ukraine concerning the minimum age limit of administrative responsibility. Second, the comparative analysis of Social law provisions concerning minors allowance in Germany and Ukraine shows considerable differences of the level of State security. Germany has generous systems of social welfare and offers a variety of allowances and benefits for minors. One of the most well-known of these is Kindergeld (also called a Child Benefit). This is an allowance from the German government to help defray some of the cost of raising children. It can run from €219 to €250 per child per month. While Ukraine offers only a lump sum birth payment in an amount of €1234. It is also one of the most complicated issues. Conclusions based on the results of comparative analysis. The authors suggest that the age limit in the area of criminal as well as administrative law of Ukraine should be reduced.
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della Cananea, Giacinto, and Mauro Bussani. "The ‘Common Core’ of administrative laws in Europe: A framework for analysis." Maastricht Journal of European and Comparative Law 26, no. 2 (April 2019): 217–50. http://dx.doi.org/10.1177/1023263x19827817.
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This essay presents the framework for new comparative research in the field of administrative law, with a focus on the European legal area. It is divided into two parts. In Part I, we argue that some difficulties that beset the traditional uses of the comparative method are even more evident when considering the field of administrative law. Accordingly, a methodological shift is needed in more than one sense. First, instead of focusing on either similarities or differences between national legal systems, both analogies and differences must be considered. Second, legal comparison, properly intended, differs from a mere juxtaposition of national administrative laws. Third, the overemphasis on legislation is even less justified in the field of administrative law, which calls for careful attention to judicial and institutional practices. In this perspective, we briefly illustrate the methodology grounded in a factual approach that has been developed in the field of comparative private law in the last few decades and the way we are going to apply it into our research on administrative law, viewed through a procedural lens. In Part II we discuss the main pillars that characterize our research concerning administrative law: first, its goal, which is the advancement of knowledge; second, the choice to focus on administrative procedure, instead of judicial review of administrative action; third, the methodology, which combines a synchronic comparison, concerning modern legal systems, with a diachronic comparison, that is to say a retrospective on some aspects of the history of legal institutions that look particularly relevant; and fourth, the choice of the legal systems selected for comparison, including a variety of states and a non-state, the European Union.
Dissertations / Theses on the topic "Administrative law – Comparison – Emploment law"
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Loots, Barbara Evelyn. "Public employment and the relationship between labour and administrative law." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6683.
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Thesis (LLD)--University of Stellenbosch, 2011.ENGLISH ABSTRACT: The focus of this study is the rights-based normative overlap of labour and administrative law in public employment. As the judiciary appeared to be unable to agree on a unified approach to the application of the rights to fair labour practices and just administrative action to public employment, it was clear that the complexity and multi-dimensional character of the debate required analysis of existing approaches to the regulation of the public employment relationship. The following initial research question was formulated: To what extent does (and should) the constitutionalised rights to fair labour practices (s 23) and just administrative action (s 33) simultaneously find application in the regulation of public employment relationships? In answering this question, certain realities had to be acknowledged, the most important being that the debate in question jurisprudentially revealed itself to be a jurisdictional turf-war between the Labour and High Courts, rather than proper consideration of the relevant substantive arguments and underlying normative considerations. This called for an additional dimension to be added to the research question, namely consideration of the extent to which the ss 23 and 33 rights are informed by variable and possibly different normative principles and whether these rights allow for cooperative regulation of public employment in accordance with the doctrine of interdependent fundamental rights. This became the primary focus of the study. In an attempt to simplify the debate, a deliberate decision was taken to limit the scope of the normative study to South Africa with its own historic influences, structures and constitutional considerations. The study shows that both labour and administrative law (as constitutionally informed) share concern for equity-based principles. This is evident from the flexible contextually informed perspectives of administrative law reasonableness in relation to labour law substantive fairness, as well as a shared concern for and approach to procedural fairness. Once simplified, and in the absence of any undue positive law complexity, the public employment relationship, at both a normative and theoretical level, furthermore shows no substantive status difference with private employment relationships. It is, however, accepted that there are job and sector-specific contextual differences. In the absence of substantive normative conflict between these branches of law and in the absence of a fundamental (as opposed to contextual) difference between public and private employment, there appears to be no reason to ignore the constitutional jurisprudential calls for hybridity, otherwise termed the doctrine of interdependence. The idea of normatively interdependent rights expresses the Constitution’s transformative vision (through the idea of flexible conceptual contextualism) and recognises that human rights may overlap. This also means that where such overlap exists, rights should be interpreted and applied in a mutually supportive and cooperative manner that allows for the full protection and promotion of those rights. In giving expression to the interdependent normative framework of constitutional rights, these norms (absent any substantive rights-based conflict) should then be used by the judiciary as an interpretative tool to align specific labour law and general administrative law in the regulation of public employment relationships.
AFRIKAANSE OPSOMMING: Die fokus van hierdie studie is die regsgebaseerde normatiewe oorvleueling van arbeids- en administratiefreg in die openbare diensverhouding. Aangesien dit blyk dat die regsbank nie kon saamstem oor ‘n eenvormige benadering tot die toepassing van die regte op billike arbeidspraktyke en regverdige administratiewe optrede op die openbare diensverhouding nie, het die kompleksiteit en multi-dimensionele karakter van die debat dit genoodsaak om bestaande benaderings tot die regulering van die openbare diensverhouding te analiseer. In die lig hiervan is die volgende aanvanklike navorsingsvraag geformuleer: Tot watter mate vind die grondwetlik neergelegde regte tot billike arbeidspraktyke (a 23) en regmatige administratiewe optrede (a 33) gelykmatig toepassing in die regulering van die openbare diensverhouding en tot watter mate hoort die regte gelykmatig toepassing te vind? In antwoord op die vraag is sekere realiteite geïdentifiseer, waarvan die belangrikste is dat die debat in die regspraak grootliks neergekom het op ‘n jurisdiksionele magstryd tussen die Arbeids- en Hooggeregshowe, eerder as werklike oorweging van die relevante substantiewe argumente en onderliggende normatiewe oorwegings. Dit het die byvoeging van ’n verdere dimensie tot die navorsingsvraag genoodsaak, naamlik oorweging van die mate waartoe die aa 23 en 33 regte deur buigsame en moontlik verskillende normatiewe beginsels beïnvloed word, en ook of hierdie regte ruimte laat vir mederegulering van die openbare diensverhouding in terme van die leerstuk van interafhanklikheid van fundamentele regte? Laasgenoemde het die primêre fokus van die studie geword. In ‘n poging om die debat te vereenvoudig, is doelbewus besluit om die strekking van die normatiewe studie te beperk tot Suid-Afrika, met eiesoortige historiese invloede, strukture en grondwetlike oorwegings. Soos die normatiewe studie ontvou het, wys die studie dat beide arbeids- en administratiefreg (soos grondwetlik beïnvloed) ‘n gemeenskaplike belang in billikheids-gebaseerde beginsels openbaar. Daar is ‘n versoenbaarheid tussen die kontekstueel beïnvloedbare en buigsame redelikheidsperspetief van die administratiefreg, soos gesien in vergelyking met substantiewe billikheid in die arbeidsreg. Voorts heg beide die arbeids- en administratiefreg ‘n gemeenskaplike waarde aan, en volg beide ‘n gemeenskaplike benadering tot, prosedurele billikheid. Terselfdertyd, en in die afwesigheid van onnodige positiefregtelike kompleksiteit, blyk daar op beide ‘n normatiewe en teoretiese vlak geen substantiewe verskil in status tussen die openbare diensverhouding en die privaat diensverhouding te wees nie. Dit word egter aanvaar dat daar wel werk- en sektor-spesifieke kontekstuele verskille bestaan. In die afwesigheid van substantiewe normatiewe konflik tussen die twee vertakkinge van die reg en in die afwesigheid van ‘n fundamentele (in vergelyking met kontekstuele) verskil tussen diensverhoudings in die openbare en privaatsektore, blyk daar geen rede te wees om die grondwetlike jurisprudensiële vereiste van hibriditeit, ook genoem die leerstuk van die interafhanklikheid van grondwetlike regte, te ignoreer nie. Die idee van normatiewe interafhanklike regte gee uitdrukking aan die Grondwet se visie van transformasie (via die idee van buigsame konsepsuele kontekstualisme) en erken dat menseregte soms oorvleuel. Dit beteken ook dat waar so ‘n oorvleueling bestaan, regte ïnterpreteer en toegepas moet word in ‘n wedersyds ondersteunende en samewerkende wyse wat voorsiening maak vir die volle beskerming en bevordering van daardie regte. Erkenning van die interafhanklike normatiewe raamwerk van grondwetlike regte hoort daartoe te lei dat die regsbank daardie norme (in die afwesigheid van regsgebaseerde konflik) as interpretasie-hulpmiddel gebruik om die spesifieke arbeidsreg met die algemene administratiefreg te versoen in die regulering van die openbare diensverhouding.
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Armstrong, Gillian Claire. "Administrative justice and tribunals in South Africa : a commonwealth comparison." Thesis, Stellenbosch : Stellenbosch University, 2011. http://hdl.handle.net/10019.1/17997.
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Thesis (LLM )--Stellenbosch University, 2011.ENGLISH ABSTRACT: In the field of administrative law, the judiciary has traditionally exercised control over the administrative actions of the executive through judicial review. However, judicial review is neither the most effective nor the most efficient primary control mechanism for systemic administrative improvement. In a country faced with a task of =transformative constitutionalism‘, and hindered with scarce resources, there is good cause to limit judicial intervention as the first response to administrative disputes. The major theme of this thesis is to investigate the feasibility of administrative tribunal reform in South Africa, using two other commonwealth countries, Australia and England, as a basis for comparison. Australia and England have been chosen for comparison because they share similar administrative law traditions and they can provide working models of coherent tribunal structures. The Australian tribunal system is well-established and consists of tribunals which fall under the control of the executive, while tribunals in England have recently undergone a significant transformation, and are now part of the independent judiciary. The South African government currently spends, indeed wastes, a significant amount of money on administrative law litigation. Due to the limitations of judicial review, even after the high costs of litigation and the long duration of court proceedings, the results achieved may still be unsatisfactory. Furthermore, judicial review is unsuited to giving effect to systemic administrative change and the improvement of initial decision-making. Australia and England have begun to move away from the traditional court model for the resolution of administrative disputes. Both have indicated a preference for the important role of tribunals in the administration of disputes. Tribunals have been shown to offer the advantage of being speedier, cheaper, more efficient, more participatory and more accessible than traditional courts, which contributes to tribunals being a more available resource for lay people or people without sophisticated legal knowledge, and provides wider access to remedies than courts. The English and Australian models indicate a few important trends which need to be applied universally to ensure a sustained tribunal reform and a system which provides a higher level of administrative redress than the over-burdened and institutionally inept courts currently do. These include co-operation among government departments and tribunals; open and accountable systemic change; the need for supervision and evaluation of the whole of administrative law by an independent and competent body; and ultimately a focus on the needs of users of state services. At the same time, there are arguments against administrative tribunal reform. These include the costs of reform; the ways to establish tribunals; and the level of independence shown by the tribunals. These arguments are especially relevant in the South African context, where the government faces huge social problems and a scarcity of resources. However, after an analysis of the valuable characteristics of tribunals and the role that they serve in the day to day administration of justice, it is difficult to see how these objections to tribunals can outweigh their potential importance in the administrative justice system. The need for sustained systematic reform in South Africa is one that cannot be ignored. Tribunals offer a valuable alternative to judicial review for the resolution of administrative disputes. Furthermore, the tribunal systems of Australia and England demonstrate how the effective creation and continued use of comprehensive tribunal structures contributes firstly to cost reduction and secondly to ease the administrative burden on courts who are not suited to cure large-scale administrative error.
AFRIKAANSE OPSOMMING: In die administratiefreg oefen die regsprekende gesag tradisioneel beheer uit oor die uitvoerende gesag deur middel van geregtelike hersiening. Geregtelike hersiening is egter nie die mees doeltreffende of effektiewe primêre beheermeganisme om sistemiese administratiewe verbetering teweeg te bring nie. In 'n land met die uitdagings van 'transformatiewe konstitusionalisme‘ en skaars hulpbronne, kan 'n goeie argument gevoer word dat geregtelike inmenging as die eerste antwoord op administratiewe dispute beperk moet word. Die deurlopende tema van hierdie tesis is 'n ondersoek na die lewensvatbaarheid van hervorming van administratiewe tribunale in Suid-Afrika, in vergelyking met die posisie in Australië en Engeland, waarvan beide ook, tesame met Suid-Afrika, deel vorm van die Statebond. Hierdie lande is gekies vir regsvergelykende studie aangesien hulle 'n administratiefregtelike tradisie met Suid-Afrika deel en beide werkende modelle van duidelike tribunale strukture daarstel. Die Australiese tribunale stelsel is goed gevestig en bestaan uit tribunale onder die beheer van die uitvoerende gesag, terwyl die tribunale stelsel in Engeland onlangs 'n beduidende hervorming ondergaan het en nou deel van die onafhanklike regsprekende gesag is. Die Suid-Afrikaanse regering mors aansienlike hoeveelhede geld op administratiefregtelike litigasie. Selfs na hoë koste en lang vertragings van litigasie mag die resultate steeds onbevredigend wees as gevolg van die beperkings inherent aan geregtelike hersiening. Tesame met hierdie oorwegings is geregtelike hersiening ook nie gerig op sistemiese administratiewe verandering en verbetering van aanvanklike besluitneming nie. Australië en Engeland het onlangs begin wegbeweeg van die tradisionele hof-gebaseerde model vir die oplossing van administratiewe dispute. Beide toon 'n voorkeur vir die belangrike rol wat tribunale in die administrasie van dispute kan speel Tribunale bied die bewese voordele om vinniger, goedkoper, meer doeltreffend, meer deelnemend en meer toeganklik te wees as tradisionele howe, sodat tribunale 'n meer beskikbare hulpbron is vir leke, oftewel, persone sonder gesofistikeerde regskennis en dus beter toegang tot remedies as tradisionele howe verskaf. Die Engelse en Australiese modelle dui op enkele belangrike tendense wat universeel toegepas moet word om volgehoue tribunale hervorming te verseker en om =n stelsel te skep wat 'n hoër vlak van administratiewe geregtigheid daarstel as wat oorlaaide en institusioneel onbekwame howe kan. Dit verwys bepaald na samewerking tussen staatsdepartemente en tibunale; deursigtige en verantwoordbare sistemiese veranderinge; die behoefte aan toesighouding en evaluasie van die hele administratiefreg deur 'n onafhanklike, bevoegde liggaam; en uiteindelik 'n fokus op die behoeftes van die gebruikers van staatsdienste. Daar is egter terselfdertyd ook argumente teen administratiewe tribunale hervorming. Hierdie argumente sluit in die koste van hervorming; die wyses waarop tribunale gevestig word; en die vlak van onafhanklikheid voorgehou deur tribunale. Hierdie argumente is veral relevant in die Suid-Afrikaanse konteks waar die regering voor groot sosiale probleme te staan kom en daarby ingesluit, 'n tekort aan hulpbronne ook moet hanteer. Daarenteen is dit moeilik om in te sien hoe enige teenkanting en teenargumente met betrekking tot die vestiging van administratiewe tribunale swaarder kan weeg as die potensiële belang van sulke tribunale in die administratiewe geregtigheidstelsel, veral nadat 'n analise van die waardevolle karaktereienskappe van tribunale en die rol wat hulle speel in die dag-tot-dag administrasie van geregtigheid onderneem is. Die behoefte aan volhoubare sistemiese hervorming in Suid-Afrika kan nie geïgnoreer word nie. Tribunale bied 'n waardevolle alternatief tot geregtelike hersiening met die oog op die oplossing van administratiewe dispute. Tesame hiermee demonstreer die tribunale stelsels in Australië en Engeland hoe die doeltreffende vestiging en deurlopende gebruik van omvattende tribunale bydra, eerstens om kostes verbonde aan die oplossing van administratiewe dispute te verlaag en tweedens, om die administratiewe las op die howe, wat nie aangelê is daarvoor om grootskaalse administratiewe foute reg te stel nie, te verlig.
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Künnecke, Martina. "Towards similar standards of judicial protection against administrative action in England and Germany? : a comparison of judicial review of administrative action and the liability of public authorities under the influence of European laws." Thesis, University of Hull, 2002. http://hydra.hull.ac.uk/resources/hull:8314.
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This comparison has shown that the traditionally divergent positions, which are taken in the control of administrative action in England and Germany, display some common ground in very general terms on which decisions are being taken. The formulation of these general observations is valuable in the preparation of a transnational approximation of judicial review mechanism for the establishment of comparable levels of judicial protection in Europe. These results may be useful for future developments of a common system of judicial review across Europe, even though these results may only represent two pieces in the jigsaw. The comparison has also identified major differences and assessed the reasons for the diverging developments in a historical perspective. The identification of these differences is equally important because of the need to find compromises between divergent systems. Secondly, the thesis was concerned with an analysis of the degree of Europeanisation of the national judicial review systems and the concept of public liability as it is currently emerging. Here, some changes can be noted in both legal systems, which have led to a slow convergence of the systems. The changes in England are marked by an increasing openness for more transparency in the decision-making and the development of a more rights based culture. The substantive review of administrative decision through the application of sharper tools such as proportionality and substantive legitimate expectation mark a new era. Germany, on the other hand displays very high standards of review. The changes in Germany which were provoked mainly by case law of the European Court of Justice indicate the need to reduce the standard of review in some areas, such as the protection of substantive legitimate expectation in the context of the recovery of, state aid. The neglect of procedural protection which is illustrated by generous provisions which allow the in-trial curing of procedural effects displays an approach in Germany which is very focused on the substantive correctness of decisions. This attitude might, in the future lead to controversies in the context of European laws. Nevertheless, limitations to a convergence are inherently set by each national systems constitutional framework. The reasons for the different developments of both legal systems in the nineteenth and early twentieth century can not be ignored and will remain to an extent to preserve the national character of both systems. The variety of results, which have been identified in the four main chapters of this thesis were concerned with issues dealing with the institutional aspects as well as systematic aspects of judicial review and public liability in England and Germany. However, the nature of this comparison required the analysis of institutional contexts as well of the substantive and procedural judicial review mechanisms. The questions asked were concerned with identification of common principles and differences in a historical context, the degree of Europeanisation, which has led to an approximation of nationally divergent positions and the limitations, which are provided by each system's constitutional framework in which judicial review operates. The comparison focused on the development of a system of judicial review of administrative action in a historical perspective, the judicial control of the exercise of discretionary powers, fair procedures and their judicial review and the liability of public authorities in tort.
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Van, Gorp John D. "Binding arbitration and the summary trial with binding decision : a comparison of the two methods in resolving disputes." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2002. http://library.nps.navy.mil/uhtbin/hyperion-image/02Jun%5FVanGorp.pdf.
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Nakasene, Vanthong. "L'ordre administratif : vers une réforme du système judiciaire en RDP Lao." Phd thesis, Université de Bretagne occidentale - Brest, 2013. http://tel.archives-ouvertes.fr/tel-01058665.
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La thèse a pour objectif d'étudier l'ordre administratif : vers une réforme du système judiciaire en RDP Lao à travers l'étude d'identification des règles de droit administratif parmi les textes législatifs existants. La thèse est divisée en deux parties : Première partie : La création d'un droit administratif laotien. L'existence d'un droit administratif laotien est une hypothèse départ qui a permis d'évoquer le développement d'un droit autonome. Puis, les procédures actuelles de résolutions des litiges administratifs ont été étudiées sur la base du questionnaire qui avait été élaboré pour cette étude. Deuxième partie : Pour l'autonomie du droit administratif laotien par la mise en place d'une justice administrative. Il s'agit d'analyser les expériences des pays étrangers : France, Thaïlande et Vietnam sur la création de juridictions administratives. Le but est de connaître comment les juridictions administratives ont vu le jour dans ces pays d'une part et d'autre part d'examiner les caractéristiques celles-ci en tirant les bonnes leçons et expériences afin de proposer le modèle le plus adapté pour le Laos.
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Chiang, Yen-Tso, and 江彥佐. "A Study on Tax Administrative Penalty – Comparison with the Germany Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/3923b3.
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博士東吳大學
法律學系
103
Articles for tax administrative penalties in our country are legislated in and governed by different tax laws instead of by unified and general articles in Tax Collection Act. Furthermore, no concrete elements in such articles in these different tax laws are used to determine the constitution of result of tax evasion and behavior of tax evasion. Therefore, disagreement regarding the application of articles for tax administrative penalties, the constitution of result of tax evasion and behavior of tax evasion occurs in the real cases and the impact also causes to the determination of the numbers of behavior of tax evasion. The effect for punishment is obviously severe an individual case and should be unconstitutional for the violation of principle of proportionality because merely negligence can fulfill the subjective element of punishment of tax evasion and punishment of tax evasion is unlimited and is calculated by times of the amount caused for tax evasion. The similarity between German laws and our laws exists in the fields of the system for tax penalties (the distinction between tax criminal penalties and tax administrative penalties), legislation (Tax Collection Act as the fundamental law for tax penalties) and the application of laws (Administrative Penalty Act as the fundamental law for tax administrative penalties). Therefore, this thesis, from the perspectives of the related academic theories and court decisions, conducts a comparative research for the related legal issues on the concrete elements of, the effect of punishment by, and the concurrence of tax penalties. In addition, proposed amendments for the legislation are provided as the conclusion of this thesis and the resolution to the disagreement in the real cases.
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Smrček, Zdeněk. "Nový správní řád a úprava předchozí (komparace)." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-311065.
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On January 1st, 2006, the act no. 500/2004 Coll., administrative procedure code (hereinafter "New administrative procedure code") has come into effect, replacing the act no. 71/1967 Coll., on administrative proceedings (administrative procedure code) (hereinafter "Old administrative procedure code"). The New administrative procedure code came with a broad range of new legal institutes and altered many others. The purpose of this thesis is to place the New administrative procedure code and the Old administrative procedure side by side to compare them with one another and to attempt to evaluate the contribution of the New administrative procedure code to the Czech legal system. The structure of the thesis follows the structure of the New administrative procedure code. Because of the range restrictions, this thesis cannot cover the whole content of both administrative procedure codes, so the scope of the thesis is limited only to the most important or the most interesting changes that the New administrative procedure code has brought. The thesis is composed of nine chapters; each of them deals with a different part of administrative procedure codes. The first chapter describes the process of birth of the New administrative procedure code and comments on the explanatory report. Chapter two focuses on...
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Jansen, van Vuuren Johanna Petronella. "A legal comparison between South African, Canadian and Australian workmen's compensation law." Diss., 2013. http://hdl.handle.net/10500/18551.
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Workers’ compensation originated internationally because of the need to address
the plight of workers and communities left destitute due to occupationally sustained
disabilities or death. This study examines how the right to no-fault compensation
developed in South Africa in comparison to the comparable law in Canada and
Australia. Specific limitations regarding the right to workers' compensation
pursuant to the South African compensatory laws were identified. Limitations
identified include the persons falling within the ambit of the law, circumstances
creating a right to compensation, the right to claims for increased compensation
uniquely provided for in South African compensatory law and founded in the
negligent conduct of employers as well as common law redress for damages. The
background of the administrative remedy in the form of the right to compensation
for occupational injuries and diseases ought to be seen in the light of the
Constitution of the Republic of South Africa 1996.Mercantile Law
LL.M.
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Xiao-RuKuo and 郭小如. "A Study on Joint Illegal Act of Article 14 of Administrative Penalty Act－A Comparison with Article 14 of German Order Violate Law." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/dr7n44.
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碩士國立成功大學
法律學系
103
The Article 14 of Administrative Penalty Act for multiple people involved in the case of acts in violation of the existing order of clear guidelines , but how that provision should be interpreted to apply , between theory and practice there is still a lot of controversy . In this regard , I refer to the study of The Criminal Code involved in crime , respond explained doubt of Administrative Penalty Act Article 14 , and propose amending the law with reference to The German Violating Order Act and The Austrian Criminal Code which take the function of a unitary Perpetrator system. Keywords : joint illegal , participation, concept of unitary perpetrator, corporate participation, attempted In this paper, the problem of consciousness , such as : The Article 14 of The Administrative Penalty Act is able to explain the concept of a unitary Perpetrator based on joint violations of established requirements and participation patterns why , the legal issues involved in penalty and so attempted acts of administrative penalty. In this regard , I refer to The Criminal Code offense to participate in the study and interpretation of the literature on the Article 14 of The Administrative Penalty Act .In the foreign reference, I refer to the introduce of The German “Violating Order Act”of the Article 14 , and thinking of Austria Criminal Code scholars so that I can have a glimpse of a truly unitary perpetrator system. After discussion, I am willing to recognize the concept of a unitary perpetrator that The Administrative Penalty Act to explain the basis of the Article 14. However, as put an end to the dispute, I think we should remove the statute of joint implementation of the text, and use the class as The Germany Violating Order Act of the Article 14 participation wording of, or reference to The Austrian Criminal Code of the Article 12 reveal different patterns of participation. Secondly, I believe that meaning of joint implementation is not differentiating participation patterns, and should be read as participants is a joint implementation of The Administrative Penalty Act of the object is seeking penalties of the Article 14 is”. Therefore, the establishment of joint violations of the requirement may invoke the Interpretation of The Germany Violating Order Act of the Article 14 . At the same time, both the adoption of a unitary perpetrator The Administrative Penalty Act concept perpetrator, I believe distinguish participants' behavior is not necessary, that in principle all those involved should fall within the scope of The Administrative Penalty Act of the Article 14. Finally, I believe that The Administrative Penalty Act should address the question of the attempt stipulates that the principle shall not be penalized, except the need for the law expressly prescribed, and should clearly stipulate an article such as The German Violating Order Act of the Article 14, paragraph 2, the provisions on “dependency” of , that is required to be at least one constituent elements of behavior deserve, before it is possible to participate in the establishment. In addition, it also refer to The Austrian Penalty Act of the Article 15, paragraph 2, on the level of the constituent elements distinguish participation patterns, and then define the concept through the participation in the attempted exclusion of penalty.
Books on the topic "Administrative law – Comparison – Emploment law"
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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global administrative law and EU administrative law: Relationships, legal issues and comparison. Heidelberg: Springer, 2011.
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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global administrative law and EU administrative law: Relationships, legal issues and comparison. Heidelberg: Springer, 2011.
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Lienert, Ian. Are laws needed for public management reforms?: An international comparison. Washington, D.C: International Monetary Fund, Fiscal Affairs Dept., 2005.
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Stijnen, R. Rechtsbescherming tegen bestraffing in het strafrecht en het bestuursrecht: Een rechtsvergelijking tussen het Nederlandse strafrecht en bestraffende bestuursrecht, mede in Europees perspectief = Legal protection against punishment in criminal law and administrative law : a legal comparison between the Dutch criminal law and punitive administrative law, also in European perspective. [Deventer]: Kluwer, 2011.
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Office, General Accounting. Telecommunications: FTS 2000 cost comparison : report to Congressional requesters. Washington, D.C: The Office, 1996.
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Office, General Accounting. Acquisition reform: Comparison of Army's commercial helicopter buy and private sector buys : report to the Secretary of Defense. Washington, D.C: The Office, 1995.
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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global Administrative Law and EU Administrative Law: Relationships, Legal Issues and Comparison. Springer, 2011.
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Chiti, Edoardo, and Bernardo Giorgio Mattarella. Global Administrative Law and EU Administrative Law: Relationships, Legal Issues and Comparison. Springer, 2014.
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Cane, Peter. Controlling Administrative Power: An Historical Comparison. Cambridge University Press, 2016.
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Cane, Peter. Controlling Administrative Power: An Historical Comparison. Cambridge University Press, 2016.
Find full textBook chapters on the topic "Administrative law – Comparison – Emploment law"
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Szente, Zoltán. "The principle of effective legal protection in administrative law – a comparison." In The Principle of Effective Legal Protection in Administrative Law, 356–93. Routledge, 2016. http://dx.doi.org/10.4324/9781315553979-24.
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Hörnle, Julia. "Data Protection Regulation and Jurisdiction." In Internet Jurisdiction Law and Practice, 233–63. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198806929.003.0007.
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Chapter 7 focuses on the intriguing question of when EU law is applied to, and enforced against, foreign data controllers by data protection authorities situated in a Member State of the EU. This chapter examines jurisdiction and applicable law in the area of data protection enforcement in the light of recent jurisprudence of the Court of Justice of the EU and Member States’ courts. Given that this caselaw relates to the “old” data protection instrument, namely the Data Protection Directive 1995/46/EC (DPD), this is contrasted with the “new” General Data Protection Regulation (GDPR), which entered into force in 2018. The comparison with the now superseded DPD is also important as it sketches the background and development of EU data protection law, which is important for the wider context and in particular for showing how difficult a coordination of national competences in this field has been. The chapter does not examine jurisdiction in civil litigation before the courts (Chapter 11), but instead focuses exclusively on administrative and regulatory competence under public law.
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Lucia, Luca De. "Judicial Review of Administrative Action (1890–1910): A Brief Comparison between the Austro-Hungarian and the German Empires." In Administrative Justice Fin de siècle, 246–56. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867562.003.0009.
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In this brief chapter some reflections of a comparative nature between the Austrian legal order and some state systems of the German Empire are presented regarding the standards of judicial review adopted between 1890 and 1910. The comparison is based primarily on the research works of Angela Ferrari Zumbini and Lilly Weidemann, which, after a general introduction to the subject in the different legal orders, present a series of judgments issued by the administrative courts of last instance in that period. This chapter outlines the common and distinctive features of the review conducted by these courts before examining whether, and in what ways, this case law has contributed to the formation of general principles and rules of conduct for public administrations.
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McCormick, Conor. "The Historical Foundations of Judicial Review in the United Kingdom." In Administrative Justice Fin de siècle, 193–230. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867562.003.0007.
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This chapter analyses judicially developed standards for reviewing administrative actions in the United Kingdom between 1890 and 1910. By exploring the context, reach, types, and frequency of judicial review during that timeframe—fin de siècle—this historical analysis reveals both significant changes and significant continuities by comparison with twenty-first century standards. The chapter concentrates in particular on reported cases which undermine the Diceyan claim that administrative law did not exist in the United Kingdom during this timeframe; and reflects on the inconsistencies that pervaded that body of law. It concludes that some judges tended to deploy concepts which had the effect of restraining administrative actions, whereas other judicial constructs tended to facilitate the administrative arrangements contested in court. As such, it recommends that the role of judicial review at this time should be characterized with this duality of purpose firmly in mind.
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Andenas, Mads. "EU Countries and the UK." In Judicial Review of Administration in Europe, 295–306. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0018.
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This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.
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Cananea, Giacinto della, and Mads Andenas. "Administrative Procedure and Judicial Review: A ‘Common Core’ Research." In Judicial Review of Administration in Europe, 3–20. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0001.
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This chapter begins by explaining why judicial review of administration is interesting terrain for a comparative analysis, also in the light of European and international principles. It is helpful to bear in mind that, for a long period of time, a strand of thought in public law has contested not just the usefulness, but even the possibility of a meaningful comparison between national systems of judicial review. It is important, however, to take cognisance of two fundamental dimensions of change: one is the increasing specialization of the courts that exercise control over administrative power and the other is the emergence of common principles at European and international level. The chapter then highlights the importance of procedural fairness and propriety, although the legal relevance and significance of these principles will differ depending upon the history of any society and its political choices. It also addresses some methodological issues, including the nature of the 'factual analysis' and the choice of legal systems.
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della Cananea, Giacinto. "Judicial Oversight of Procedural Fairness and Propriety in Europe: Diversity Within Commonality." In Judicial Review of Administration in Europe, 339–66. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0022.
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This chapter explores the common and distinctive elements that emerge from the comparative analysis of legal systems, in terms of commonality and diversity in administrative law. It begins by outlining the main institutional features of the legal systems selected for the comparison, with an initial focus on the idea of a 'divide' between civil law and common law. The two important features of the legal systems examined in this book include judicial independence and judicial specialization. The chapter then discusses the procedural requirements at the heart of the factual analysis. It concludes by reflecting on the relevance and significance of this analysis for the general enquiry concerning the common core of European administrative laws.
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Croce, Mariano, and Marco Goldoni. "Conclusion." In The Legacy of Pluralism, 199–202. Stanford University Press, 2020. http://dx.doi.org/10.11126/stanford/9781503612112.003.0007.
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Chapter abstract: This conclusion offers a brief summary of the main findings of the book. The central concerns of these legal institutionalists—namely, how nomic force molds social relations and the role of legal science in this process—are recapitulated. In the other part of the Conclusions, the emphasis is placed on the relevance of these approaches to law for the contemporary debate, with a focus on the issues caused by globalization and the proliferation of legal orders at different levels. A brief comparison with the methodology adopted by global administrative law, global legal pluralism, and constitutional pluralism is proposed as an illustration of the rich contribution Romano, Schmitt, and Mortati can make to the understanding of the present.
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Schäfke, Werner. "Medieval Icelandic Legal Treatises as Tools for External Scaffolding of Legal Cognition." In Distributed Cognition in Medieval and Renaissance Culture, 44–65. Edinburgh University Press, 2019. http://dx.doi.org/10.3366/edinburgh/9781474438131.003.0003.
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This chapter examines the medieval Icelandic law book Grágás as it is contained in the medieval manuscripts Staðarhólsbók (AM 334 fol.) and Konungsbók (GKS 1157 fol.), and explores in what ways the two manuscripts can be considered to function as external tools of legal cognition. The aim of the chapter is to explore how the modern concept of distributed cognition can aid us in understanding historical phenomena, in this case, the function of two medieval Icelandic codices containing collections of laws. The chapter outlines what lines of thought and reasoning the examined medieval codices support when used for finding relevant legal norms or charting applicable law. In order to clarify the relation of the historical development of distributed legal cognition and its textual tools, the chapter’s conclusion compares the Grágás manuscripts to an early modern Icelandic legal manuscript (AM 60 8vo), and to modern statute collections. This comparison shows how the distribution of legal cognition to textual tools slowly developed within the textual culture of a formerly predominantly oral society without a significant domestic administrative literacy.
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Sliusar, Svitlana, and Ludmila Levaieva. "IMPROVING THE PROVISION OF PUBLIC SERVICES IN THE UNITED TERRITORIAL COMMUNITIES IN THE CONTEXT OF DECENTRALIZATION." In Priority areas for development of scientific research: domestic and foreign experience. Publishing House “Baltija Publishing”, 2021. http://dx.doi.org/10.30525/978-9934-26-049-0-10.
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In the context of the reform of decentralization in Ukraine, which envisages a set of changes, the main purpose of which is the transfer of significant powers and budgets from State bodies to local self-government bodies, the issue of providing high-quality public services to local self-government bodies is extremely important. To do this, you need to first of all not only create the constitutional and legal foundations for improving the quality of public services provided by local authorities, but also expand their number. Methodology. During the writing of the paper, the following research methods were used: the search for available methodological and scientific literature, comparison, clarification of causal relationships, systematization, analysis of documentation and results of researchers' work on the problem of the conducted research and expert evaluation. Results. These processes require not only the renewal or improvement of the elements of the management system that do not function properly, but also a radical transformation of the mechanisms of the state, in particular legal and organizational and functional, ensuring the processes of regulation of decentralization, which is an important factor in achieving the effectiveness of public administration. Practical implications. This issue becomes even more relevant not only from the rosbalanciousness of the system of regulation of procedural elements in the relations of state and local authorities with citizens, but also because of the lack of a slender, clear and understood ideology of such relations, built on the principles of equality, openness and the rule of law. The solution to this problem is especially important in the context of the formation of civil society – it is the quality of administrative services and the qualification of their provision that is evidence of the attitude of the entire mechanism of state power to the person, the degree of respect for his rights and freedoms. Value/originality. The paper proposes to adopt a code "On public services" in order to improve public relations in the provision of public services by subjects of public administration, analyzed legal and regulatory acts on the basis of which local authorities provide public services, as well as legislative acts that define standards for the provision of public services.