Letteratura scientifica selezionata sul tema "Administrative law and litigation"
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Consulta la lista di attuali articoli, libri, tesi, atti di convegni e altre fonti scientifiche attinenti al tema "Administrative law and litigation".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Articoli di riviste sul tema "Administrative law and litigation"
1
Jang, Hwijin. "Administrative litigation system and structure in the Russian Federation". Korean Administrative Law Association 24 (30 marzo 2023): 263–311. http://dx.doi.org/10.59826/kdps.2023.24.263.
Testo completoAbstract (sommario):
This paper provides a comprehensive analysis of Russian administrative litigation, incorporating legislation, case law, and academic scholarship, in order to introduce the system and structure of administrative litigation in the Russian Federation. Indeed, the structure of legal relationships in Russian administrative law is completely different from that in South Korea's administrative law, so there are many aspects that can be compared between Russian administrative litigation law and South Korea's administrative litigation law. Moreover, since administrative litigation law in all countries is based on administrative law, the administrative litigation law in the Russian Federation introduced in this paper can also be compared with South Korea's administrative litigation law.
Currently, the Russian administrative litigation system consists of administrative proceedings and administrative lawsuits. The administrative proceedings system has evolved based on the administrative proceedings system in the Soviet Union, while the administrative lawsuits system has been established in a completely different form from the administrative lawsuits system in the Soviet era. After the collapse of the Soviet Union, the Russian administrative litigation system treated administrative lawsuits as a special type of civil or commercial litigation, while categorizing administrative proceedings as a separate remedy under administrative law. However, with the enactment and implementation of the Administrative Lawsuit Law in 2015, administrative lawsuits were separated from civil and commercial lawsuits and established as an independent litigation system, establishing its own type of lawsuit, alongside the types of lawsuits enumerated in the Russian Constitution (constitutional lawsuits, civil lawsuits, criminal lawsuits, commercial lawsuits, and administrative lawsuits).
Administrative litigation in the Russian Federation refers to the administrative remedy under administrative law, which is carried out by the administrative adjudication committee established by law for administrative agencies or individual administrative systems. One characteristic of Russian administrative litigation is that the appellate body that can cancel or invalidate administrative decisions is the administrative adjudication committee of the superior agency or individual administrative system established by law, and the administrative agency cannot review its own administrative decision. In the case of administrative litigation, it is a full trial based on a lawsuit by the parties involved. The type of administrative litigation is distinguished based on whether the dispute has economic value and whether the administrative action is illegal. In the former case, it is classified into general administrative litigation and administrative commercial litigation, based on the existence of economic value in the administrative dispute. In the latter case, it is classified as administrative violation litigation based on whether there is illegality in the administrative action that imposes legal sanctions for the administrative punishment of illegal administrative acts by administrative authorities. Therefore, the types of administrative litigation in the Russian Federation are composed of 1) general administrative litigation for disputes between administrative entities regarding rights and obligations under administrative law, 2) administrative commercial litigation for disputes regarding economic rights and obligations under administrative law, and 3) administrative violation litigation for administrative punishment of illegal administrative acts by administrative authorities as a lawsuit material.
The characteristics of Russia's administrative litigation system are as follows. First, in administrative adjudication, administrative agencies are bound by their own administrative decisions and cannot review them on their own.
2
Jie, Huang. "On the Administrative Litigation Law". Chinese Law & Government 24, n. 3 (ottobre 1991): 43–46. http://dx.doi.org/10.2753/clg0009-4609240343.
Testo completo
3
Bimasakti, Muhammad Adiguna. "LAWSUIT IN ADMINISTRATIVE COURT AFTER ADMINISTRATIVE PROCEEDINGS BASED ON PERMA NO. 6 OF 2018". Jurnal Hukum dan Peradilan 8, n. 3 (12 dicembre 2019): 458. http://dx.doi.org/10.25216/jhp.8.3.2019.458-480.
Testo completoAbstract (sommario):
The enactment of Law No. 30 of 2014 concerning Government Administration very much changes the paradigm of the proceedings in the State Administrative Court. One of the fundamental things is about administrative proceedings as pre-litigation proceedings. Under Article 75 of Law No. 30 of 2014 concerning Government Administration, citizens who feel disadvantaged by a Government’s Decision or Action can file an administrative proceedings, and then file a lawsuit in the Administrative Court. Regarding this regulation, two interpretations arise regarding the obligation of administrative proceedings as pre-litigation proceedings. One party argues that the administrative proceedings as pre-litigation proceedings must be carried out before filing a lawsuit in the Court, and the other argues this is not mandatory. For a period of four years, the interpretation of the obligation of administrative proceedings as a pre-litigation proceedings in Law No. 30 of 2014 concerning Government Administration is floating in the realm of discourse. It was only on December 4th, 2018 that the Supreme Court issued a Supreme Court Regulation (PERMA) No. 6 of 2018 concerning Guidelines for Resolving Disputes Regarding Government Administration After Administrative Proceedings, finally the Supreme Court dictates that administrative proceedings as a pre-litigation proceedings is a must. However, the PERMA does not regulate fundamental things regarding lawsuit after administrative proceedings, namely, who will be seated as the defendant, and what is the object of the lawsuit. In addition, there are also a number of things that needed to be reviewed regarding the arrangements in the PERMA, such as regarding the deadline for a lawsuit in the Court.
4
Liu, Yanjun, e Jiali Su. "Justification of the Administrative Public Interest Litigation System for Personal Information Protection". Public Administration Research 13, n. 2 (10 settembre 2024): 29. http://dx.doi.org/10.5539/par.v13n2p29.
Testo completoAbstract (sommario):
There is controversy over whether the public interest litigation clause in Article 70 of the Personal Information Protection Law includes administrative public interest litigation. However, in practice, the administrative public interest litigation mechanism focused on personal information protection has already been explored in the practice of prosecutorial public interest litigation. From a theoretical perspective, administrative public interest litigation for personal information protection has its institutional value, reflected in preventive value, equitable value, and compensatory value. From a normative perspective, the administrative public interest litigation system can be connected with the elements of the Personal Information Protection Law in terms of subject qualifications, application areas, initiation, and procedures. Article 70 of the Personal Information Protection Law reserves institutional space for the operation of the administrative public interest litigation mechanism, which can include the administrative public interest litigation system. From a practical perspective, it is necessary to demonstrate the practical necessity of administrative public interest litigation for personal information protection by organizing existing practices. The advantages of administrative public interest litigation can be significantly utilized in prosecutorial public interest litigation involving personal information protection, which helps to achieve the public interest governance goals of personal information protection.
5
Harnowo, T., e F. H. Habib. "The Use of Administrative Court for Climate Change Litigation". IOP Conference Series: Earth and Environmental Science 1270, n. 1 (1 dicembre 2023): 012016. http://dx.doi.org/10.1088/1755-1315/1270/1/012016.
Testo completoAbstract (sommario):
Abstract Climate change litigation is a litigation which directly and indirectly related to climate change or climate change policy. Administrative court is one of the forums where parties can challenge this issue. The broader competency of the Indonesian Administrative Court based on Government Administration Law, making issues regarding climate change caused by government actions can be resolved in a more favorable manner. This can be achieved through the addition of sustainability in General Principles of Good Corporate Governance. This paper will analyze relevant law and regulations, and cases to explore the advantages of administrative court in climate litigation. This paper provides a suggestion to optimize the role of Indonesia’s administrative court to be in accordance with the need of environmental protection.
6
Park, Jae-Yoon. "Standing to sue in Administrative Litigation and Control Strategy of Administrative State". Korean Administrative Law Association 22 (30 marzo 2022): 47–79. http://dx.doi.org/10.59826/kdps.2022.22.47.
Testo completoAbstract (sommario):
With the recent prolonged Covid-19 crisis, the phenomenon of the administrative state, in which state functions are concentrated in the administration in crisis situations, is strengthening. Administrative litigation is the most important means of control over the executive from the perspective of the rule of law. In addition, it is natural that administrative litigation is aimed at relieving the rights of citizens. The question has been whether the two functions will be limited only to the subjective function, especially in appeals suit. This controversy stems from Article 81 of the Constitution. Today's understanding of administrative litigation has a fundamental relationship with how Congress and the judiciary distribute state authority with respect to the administration to effectively exercise national sovereignty.
There has been a continuous confrontation of positions over the interpretation of ‘legal interests’ in Article 12 of Administrative Litigation Act. This is the confrontation between so-called the subjective litigation theory and the objective litigation theory. Until recently, mainstream opinions were based on the Subjective Public Right Theory of Germany.
This theory has an undemocratic origin in its beginning. This still has a problem in that even in a democratized modern state, the administrative state phenomenon still appears according to the actual separation of powers, and the administration that should be controlled determines the scope of the controller. Therefore, the limitations of theory must be overcome by theory.
From this point of view, this study examines the discussions on the revision of Administrative Litigation Act over the past 20 years. Both Supreme Court's amendment and Ministry of Justice's amendment failed to lead to actual legislation and were unsuccessful. However, as a methodological struggle arising from the fundamental origin of Korea's administrative litigation law system, academic meaning can be found in its own way. After Ministry of Justice's proposal for a compromised solution, many scholars now support the view that the law should be revised and interpreted relatively consistently in the direction of expanding standing to sue.
According to a review in this study, it is confirmed that the Supreme Court is gradually moving away from the classical methodology that determines the protection of private interests by the underlying law. This is based on the fact that our legislation takes a typical legislative technology that sets the purpose around the public interest and establishes an administrative agency to establish a basis for public interest obligations and administrative actions. It can be evaluated that precedents have intuitively broken through the limitations of this legislative method in a way that considers factual interests. Here, a typology for deriving a profit situation emerges as an important methodology.
As a strategy to expand standing to sue, I suggested paying attention to eligible interest theory and legality guarantee theory. Furthermore, various strategies of types were reviewed, and a plan to allow class action was suggested. The above discussion is a review of the issue of standing to sue in terms of legal control over administration as a task of administrative litigation and needs to be further emphasized in relation to the recent phenomenon of the administrative state.
7
Xiao, Shiling. "State-centric proportionality analysis in Chinese administrative litigation". International Journal of Constitutional Law 21, n. 2 (1 aprile 2023): 461–87. http://dx.doi.org/10.1093/icon/moad051.
Testo completoAbstract (sommario):
Abstract This article examines the application of proportionality in Chinese administrative litigation over the last two decades and argues that courts in administrative litigation that serve the party-state and tend to uphold state/collective interest have altered proportionality to be state-centric. It finds that the courts invoked proportionality in a negligible portion of all administrative litigation judgments and had inadequate emphases on protecting individual rights. Proportionality has not appreciably assisted the courts in enhancing their oversight of governmental power and protection of individual rights. This article suggests that this is attributable to the restricted function of administrative litigation in China’s party-state governance structure and owing to the country’s long-held belief that public interest takes precedence over individual rights. Administrative litigation, which China’s ruling party employs to resolve principal–agent issues, is seriously constrained. The courts are expected to review the formal legality of executive actions, but not their substance. Informed by the Chinese human rights belief, which favors collectivism over individualism, the courts are skewed toward public interest in the balancing analysis when applying proportionality.
8
Chiper, Natalia, e Mariana Odainic. "Public law legal entity". Administrarea Publica, n. 3(111) (settembre 2021): 39–48. http://dx.doi.org/10.52327/1813-8489.2021.3(111).03.
Testo completoAbstract (sommario):
After the entry into force of the Administrative Code of Republic of Moldova, the legal person under public law becomes a complex research topic. Taking into account the fact that, the Administrative Code of Republic of Moldova operates only with the notion of ,,public authority”, notions such as ,,public institution” and / or those legal entities of private law remain in the shadows which, in turn, by Law 714/200 on administrative litigation (repealed) were equivalent to public authorities, including in litigation cases. Of course, the above positions are not the only problematic moments in the judicial doctrine and practice, along the way the issue indicated in this article remains to be researched and argued continuously.
9
Zhao, Qinglin. "On the Nature of Judicial Review of Administrative Normative Documents". Wonkwang University Legal Research Institute 40, n. 1 (30 marzo 2024): 149–60. http://dx.doi.org/10.22397/wlri.2024.40.1.149.
Testo completoAbstract (sommario):
Administrative Normative Documents are simultaneously administrative and legal which determines that there are objectively two different types of judicial review for administrative normative documents, namely administrative trial review and legal applicability review. From the perspective of review conditions and results, the judicial review of administrative normative documents stipulated in the current Administrative Litigation Law can only be considered as a legal applicability review. The legal applicability review is a necessary part of judicial trial, and is not a unique issue in administrative litigation. It is not only related to administrative normative documents and should not be specifically stipulated in the Administrative Litigation Law, but should be stipulated in the Constitution or the Court Organization Law. From the perspective of legal applicability review, there are also many problems in the current law regarding the intensity and procedures of judicial review. Finally, the legal applicability review cannot fulfill the function of legal supervision over administrative normative documents. China still needs to consider the necessity and possibility of establishing some kind of administrative trial review.
10
Simanjuntak, Enrico. "THE DEVELOPMENT OF ADMINISTRATIVE COURT JURISDICTION REGARDING CIVIL SERVANT DISPUTE". Jurnal Hukum Peratun 4, n. 1 (26 marzo 2022): 67–88. http://dx.doi.org/10.25216/peratun.412021.67-88.
Testo completoAbstract (sommario):
The development of personnel law regarding litigation has experienced tremendous development, but some of the latest literature in the field of personnel law is still referring to the mechanism of litigation that is already irrelevant. As is known now after the enactment of the Supreme Court Regulation (Perma) No. 6 of 2018 concerning Government Administration Dispute Resolution Guidelines After Taking Administrative Review, the principle applies so long as it is not determined otherwise by certain sectoral regulations (lex specialis), submitting a claim to the State Administrative Court (PTUN) must first take administrative efforts internally or quasi-judicial institution (lex generalis). As the initial intention of the State Civil Apparatus Act (UU Aparatur Sipil Negara), now the resolution of personnel disputes must be preceded by internal administrative review before being submitted to the State Administrative Court.
Tesi sul tema "Administrative law and litigation"
1
Lin, Ching-Lang. "Arbitration in administrative contracts : comparative law perspective". Thesis, Paris, Institut d'études politiques, 2014. http://www.theses.fr/2014IEPP0023/document.
Testo completoAbstract (sommario):
Il a été longuement discuté de savoir si le système d'arbitrage est applicable pour régler les litiges administratifs qui concernent certains contrats administratifs ou d’autres sans rapport avec le contrat administratif. Dans cette thèse, les trois questions spécifiques sont analysées tour à tour : (1) Est-il possible pour un arbitre ou un tribunal arbitral de trancher des questions relevant du droit administratif? (2) Y a-t-il, ou devrait-il y avoir, des limitations à l'autorité des arbitres et des tribunaux arbitraux? (3) Enfin, après la délivrance d'une sentence arbitrale, quel rôle devrait jouer l'État dans la phase de contrôle judiciaire? La première question concerne l'arbitrabilité et a été discutée dans la première partie (FIRST PART: ARBITRABILITY). La deuxième question a été discutée dans la deuxième partie (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Enfin, sur la dernière question a fait l’objet d’une troisième partie (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). Dans cette thèse, nous avons comparé les systèmes de quatre pays (Canada, Chine, France, Taïwan). En conclusion, nous pouvons donc conclure que l’évolution de la conception du contrat administratif implique de nombreux aspects, y compris les aspects juridiques, économiques, politiques et même culturels. Le développement de la fonction de contentieux administratif, comme ‘’subjectivement orienté" ou "objectivement orienté" aura une incidence sur l'acceptation de l'arbitrage en matière administrative. Dans l'ensemble, l'arbitrage sera plus acceptable dans les systèmes dont la fonction est plus ‘’subjectivement orientée" que dans ceux dont la fonction est "objectivement orientée"While arbitration has traditionally been considered as a means to resolve private disputes, its role in disputes involving administrative contracts is a crucial question in administrative law. In brief, the three specific questions are (1) Can arbitrators or arbitral tribunals decide issues involving administrative law? and (2) Is there, or should there be, any limitation on the authority of arbitrators or arbitral tribunals? (3) Moreover, after the issue of an arbitration award, what role should the State play in the judicial review phase? The first question, the issue of arbitrability, is discussed in part 1 (FIRST PART: ARBITRABILITY). The second question will be discussed in part2 (SECOND PART: PARTICULAR QUESTIONS OF ADMINISTRATIVE MATTERS IN ARBITRATION PROCEDURE). Finally, on the question of what happens after the arbitration award, we will discuss judicial review in part 3 (THIRD PART: JUDICIAL REVIEW AND EXECUTION OF ARBITRATION AWARD). We compare legal systems between the four countries: in France, in Canada, in China and in Taiwan. We believe that an administrative contract, at least in its function and conception, is gradually becoming different from a private contract. Innovation with respect to administrative contracts will also reflect the concentration and function of the administrative litigation systems in each country. In addition, the “objective” or “subjective” function of administrative litigation will also affect the degree of arbitrability, as well as arbitration procedures. Taken together, arbitration will be more acceptable in systems whose function is more “subjectively oriented” than in those whose function is “objectively oriented". Finally, “the arbitration of administrative matters” traditionally has been an important question in administrative and arbitration law. In the future, we will continue to see it shine in the doctrine and jurisprudence of both the administrative and arbitration law fields
2
李旭源. "論行政行為與行政訴訟受案範圍的關係 =On the relationship between the administrative act and the scope of accepting cases in administrative litigation". Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3951551.
Testo completo
3
Ouattara, Moussa Aguibou. "La rationnalisation de la justice administrative au Mali". Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0139.
Testo completoAbstract (sommario):
La recherche de rationalisation de la justice administrative au Mali est partie d'un constat : celui de la méconnaissance de cette institution par beaucoup de citoyens. Cette méconnaissance s'explique essentiellement par la dichotomie entre la rationalité du droit étatique - dont les textes sont interprétés par la justice administrative d'une part et régissent son fonctionnement d'autre part - et la rationalité sociale. Dans ce pays, il existe un pluralisme de système de normes. A coté des règles officielles subsistent dans la pratique d'autres phénomènes normatifs issus des traditions et du droit musulman. Sans occulter ses avancées notables de l'indépendance à nos jours, la justice administrative reste perfectible. C'est pourquoi, à partir du standard de "raisonnable" utilisé - pour souplesse - à l'aune des outils offerts par l'analyse juridique, l'anthropologie et la sociologie du droit, nous avons analysé les phénomènes normatifs en présence et fait des propositions pour une refondation du processus de production des règles du droit public, dans la première partie. Dans une seconde partie, nous avons interrogé le fonctionnement au quotidien de l'institution, son indépendance par rapport aux influences extérieures, son accessibilité et la communicabilité de ces décisionsThe search for rationalization of administrative justice in Mali started from an observation: that of the ignorance of this institution by many citizens. this misunderstanding is mainly explained by the dichotomy between the rationaly of state law - whose texts are interpreted by administrative justice on the one hand and govern its operation on the other hand - and social rationality. In this country, there is a pluralism of standards sytem. in addition to official rules, other normative phenomena from traditions and Islamic law subsist in practice.Without overshadowing its notable advances from independance to the present day, administrative justice can still be improved. This is why, starting from the standard of "reasonable" used for flexibility - in the light of the tools offred by legal analisys, anthropology and the sociology of law, we analyzed the normative phenomena present and makes proposals for an overhaul of the production process for public law rules, in the first part. In the second part, we questioned the day to day functionning of the institution, its independance from external influences, its accessability and the communicability of its decisions
4
Amessan, Aaron Romuald Evrard. "Les modes alternatifs de règlement des différends avec l’administration". Electronic Thesis or Diss., Bordeaux, 2025. http://www.theses.fr/2025BORD0011.
Testo completoAbstract (sommario):
La recherche des solutions alternatives aux procès et décisions juridictionnelles ne constitue plus, en droit public, un épiphénomène. Si, malgré leur caractère séculaire, les mécanismes permettant de régler autrement les conflits avec l’administration ont connu un insuccès général, la résurgence de certains facteurs conjoncturels et structurels liés à la fois à l’objectif de bonne administration de la justice et à l’amélioration des relations entre le public et l’administration, a conduit les autorités normatives à voir dans les modes alternatifs de règlement des différends (MARD) une réponse pragmatique aux défis de la justice du XXIe siècle. Les efforts conjugués des pouvoirs publics ont permis, notamment avec la loi J21 de 2016 et ses suites, de concrétiser la politique de promotion des MARD par l’établissement d’un cadre juridique simplifié et favorable à une immersion générale de ceux-ci dans l’essentiel des pans du contentieux administratif. Bien que la pratique semble confirmer, certes de manière variable et mesurée, cette faveur pour les MARD, le caractère perfectible du régime juridique actuel de ces derniers invite à la prudence des acteurs de la justice dans leur mise en œuvre car il tend à complexifier la quête d’équilibre entre la banalisation des MARD et la préservation des règles impératives du droit publicThe search for alternative solutions to legal proceedings and decisions is no longer an epiphenomenon in public law. Although, despite their age-old nature, mechanisms for settling disputes with the authorities in a different way have been generally unsuccessful, the resurgence of certain cyclical and structural factors linked both to the objective of the proper administration of justice and to improving relations between the public and the authorities has led the standard-setting authorities to see alternative dispute resolution (ADR) as a pragmatic response to the challenges of justice in the 21st century. The combined efforts of the public authorities have made it possible, in particular with the J21 Act of 2016 and its aftermath, to give concrete form to the policy of promoting ADR by establishing a simplified legal framework conducive to the general immersion of ADR in most areas of administrative litigation. Although practice seems to confirm, albeit in a variable and measured way, this favour for ADR, the perfectible nature of the current legal regime for ADR calls for caution on the part of those involved in the justice system in their implementation, as it tends to complicate the quest for a balance between making ADR commonplace and preserving the imperative rules of public law
5
Gremaud, William. "La régularisation en droit administratif". Thesis, Paris 2, 2019. http://scd-rproxy.u-strasbg.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D236%26selfsize%3D1.
Testo completoAbstract (sommario):
La régularisation est une technique ancienne du droit administratif français. D’abord cantonnée à une pratique administrative limitée, relative seulement aux situations de fait découlant de l’exécution des actes unilatéraux, elle a connu un développement considérable au cours des deux dernières décennies, en jurisprudence et en législation. Les techniques de consolidation par correction des vices concernent aujourd’hui des actes, des normes et des situations divers et nombreux. La sécurité juridique, principe cardinal du droit contemporain, est l’instigatrice de cette évolution en ce qu’elle exige que les normes et les situations ne soient pas fragilisées pour des irrégularités dont la commission résulte souvent d’une complexification excessive du droit et auxquelles il est possible de remédier a posteriori. L’essor de la régularisation, et notamment son introduction dans le cours de l’instance en prévention des annulations juridictionnelles, concerne de multiples domaines de l’action administrative — polices de l’urbanisme et de l’environnement, passation des contrats, édification des ouvrages publics, subvention, recouvrement des créances, collecte de données personnelles. La régularisation n’a cependant pas encore fait l’objet d’une consécration générale et demeure un phénomène profondément hétérogène, adapté aux nécessités concrètes de l’action administrative. Dans un tel contexte, la présente étude consiste en une analyse comparée des règles auxquelles chaque technique correctrice est soumise dans le but d’identifier s’il existe — et s’il peut exister — un régime de juridique de la régularisation en droit administratif françaisRegularisation is an former technique in French administrative law. At first confined as an administrative practice, which could only concern factual situations arising from the execution of public decisions, regularisation has known a considerable growth over the last two decades. The techniques by which decisions, norms and factual situations are getting rid of their defects are nowadays numerous and diverse. Legal certainty, which is one of the most fundamental principle of contemporary law orders, has caused this evolution. It implies indeed that norms and situations should not be removed when their irregularity is caused by the unreasonable intricacy of law and when it is possible to reform it. The expansion of regularisation techniques, especially during the trial, concerns multiple areas of administrative action –e.g. planning and environmental policies, public contract, public building, subsidy, debt collection, personal data. However, regularisation remains an heterogeneous phenomenon, adapted to the necessities of the public action. This study consists of a comparative analysis of the rules to which each regularisation technique is subjected. It aims to identify whether regularisation has a unique legal regime in French administrative law
6
Givens, John Wagner. "Suing dragons? : taking the Chinese state to court". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a016f84a-3df8-4df7-88bb-4475372022f0.
Testo completoAbstract (sommario):
This dissertation analyses the ability of Chinese lawyers to use administrative litigation to protect individuals and groups from an authoritarian state that frequently infringes on their rights. These plaintiffs fill administrative courts in China, opposing the overzealous tactics of police, challenging the expropriation of their land, and disputing the seizure and demolition of their homes. Empirically, it relies on several unique data sources in a mixed-methodological approach. Qualitative and small-n quantitative data from 126 interviews with a random sample of Chinese lawyers and 52 additional interviews are supplemented by documentary sources. These findings are then tested against official data and a large survey of Chinese lawyers. This research demonstrates that administrative litigation is part of a polycentric authoritarian system that helps the Chinese state to monitor its agents, allows limited political participation, and facilitates economic development (Chapter One). By giving ordinary Chinese a chance to hold their local governments accountable in court, administrative litigation represents a significant step towards rule of law, but its limited scope means that it has not been accompanied by dramatic liberalisation (Chapter Three). In part, this is because the most prolific and successful administrative litigators are politically embedded lawyers, insiders who challenge the state in court but eschew the most radical cases and tactics (Chapter Four). The tactics that allow politically embedded lawyers to successfully litigate administrative cases rely on and contribute to China’s polycentric authoritarianism by drawing in other state, quasi-state, and non-state actors (Chapter Five). Multinationals in China are largely failing to contribute to the development of China’s legal system because they readily accept preferential treatment from the Chinese state as an alternative to litigation (Chapter Six). While administrative litigation bolsters China’s polycentric authoritarianism in the short term, it offers tremendous potential for rationalisation, liberalisation, and even democratisation in the long term.
7
Ospina-Garzón, Andrés Fernando. "L'activité contentieuse de l'administration en droit français et colombien". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020029/document.
Testo completoAbstract (sommario):
La résolution des litiges est couramment considérée comme une fonction exclusivement juridictionnelle. Les recours portés devant les juridictions sont appelés recours contentieux et la procédure juridictionnelle serait la procédure contentieuse. Devant l’administration, la procédure serait non contentieuse et les recours seraient des pétitions gracieuses. Or, tant l’administration française que l’administration colombienne tranchent quotidiennement des litiges dans l’exercice d’une fonction contentieuse qui n’est pas nouvelle. Dès lors, l’exclusivité juridictionnelle du contentieux n’est qu’une vision déformée de l’organisation du pouvoir. La résolution administrative des litiges est l’une des prérogatives de puissance publique dont dispose l’administration. Elle se caractérise par son caractère accessoire de la mission administrative principale; il s’agit d’un instrument de la réalisation des finalités de l’action administrative. L’administration tranche les litiges dans l’exercice de sa fonction administrative : les décisions administratives contentieuses n’ont pas force de chose jugée, pouvant être l’objet du contrôle juridictionnel qui décidera définitivement le litige. Cette fonction administrative est conforme à la théorie de la séparation des pouvoirs dont l’interprétation séparatiste ne se réalise ni en France ni en Colombie. Cependant, l’administration n’exerce pas sa fonction contentieuse à chaque fois qu’un recours administratif est exercé, qu’une procédure de sanction administrative est entamée ou qu’un litige opposant deux particuliers est porté à la décision de l’administration. L’activité contentieuse de l’administration exige qu’un véritable contentieux soit présenté à l’administration, que ce contentieux se matérialise devant l’administration et qu’elle tranche unilatéralement le fond du litige. Dans ce cas, l’administration n’exerce une fonction ni matériellement juridictionnelle ni quasi contentieuse, mais une véritable fonction contentieuseDispute resolution activity is commonly considered as a wholly judicial function. Judicial actions against the administration and the procedure followed by Courts would be referred as “contentious”, while actions and procedures before administrative bodies would be described as “non-contentious”. Still, both Colombian and French administrations may resolve disputes on a daily basis as a result of longstanding “contentious” missions. Therefore, a vision that reduces this “contentious” to the solely judicial activity distorts this reality in power organization theory. The administrative resolution of disputes is an incidental prerogative of the public administration. It is characterized by its attachment to the main administrative mission, it is an instrument for the purposes of administrative action. The administration resolves disputes as part of its administrative function: administrative “contentious” decisions have not the force of a final judgment, and could be subject to judicial review. Administrative “contentious” missions seem to conform to a non-rigid vision of the separation of powers shared by Colombian and French systems. However, the administration does not performs a “contentious” activity every time an administrative action or an administrative sanction procedure is undertaken, or when it has to decide a controversy opposing two individuals. Administrative “contentious” activity demands a real “contentious” to be materialized before the administration, which also decides the bottom of the dispute. In that case, the administration does not perform a judicial or quasi-judicial mission, but just a real “contentious” mission
8
Poton, Marcy Rose. "Trends in Special Education Due Process Hearings in Texas from 2010-2015: School, Parent, and Social Justice Issues that Inform a Principal's Decision-Making". Thesis, University of North Texas, 2017. https://digital.library.unt.edu/ark:/67531/metadc1062836/.
Testo completoAbstract (sommario):
This study explores all due process hearings that occurred in Texas public school districts from 2010-2015. Special attention was paid to the reasons for the hearings within the legal reports addressed and their outcomes. The study was conducted using a quantitative approach involving a legal document content analysis of due process hearings to select the participants to be interviewed with a qualitative semi-structured interview protocol. Following this process, nine participants from one district were interviewed. Responses were then analyzed for themes and patterns using qualitative methods, and conclusions were drawn based on the data.
The study found that campus and central office administrators believed socio-economic levels, lack of empathy shown to parents, and distrust contributed to parents' decisions to file due process complaints or litigation. They also believed that placement decisions influenced by student discipline, parent denial about the impact of the disability on children, and parent entitlement played a role. Lastly, the nine participants found that parent advocacy and communication were strong contributors to the amount of due process hearings held at Evergreen ISD.
9
Patumanon, Ruatairat. "Le contentieux administratif de la construction et de la rénovation de l'habitat en droit français et thaïlandais". Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10019/document.
Testo completoAbstract (sommario):
Le droit de la construction et de la rénovation de l'habitat est aujourd'hui une discipline qui donne lieu à un contentieux administratif fourni et lourd d'enjeux techniques comme politiques. Il s'agira de mener une étude comparée des droits français et thaïlandais pour tenter de déterminer si des principes directeurs permettent d'ordonner la discipline. Bien que les spécificités en matière d'urbanisme soient prises en compte par le juge administratif français et thaïlandais, les insuffisances et les inadaptations persistantes des règles du contentieux administratif et l'hésitation du juge à interpréter de manière adaptée cette matière sont constatéesThe law of construction and renovation of housing is a discipline which gives rise to an administrative litigation. It will be a question of leading a study compared under French and Thai law to try to determine if guiding principles allow to order the discipline. Although specificities regarding town planning are taken into account by French and Thai administrative judge, inadequacies and persistent maladjustments of the rule on administrative court procedure and hesitation of the judge to interpret in an adapted way are noticed
10
Morón, Urbina Juan Carlos. "The contentious process of declaration of detrimental to public interest: Fourteen years after its incorporation in Peruvian law". IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123219.
Testo completoAbstract (sommario):
This article explains the contentious process of harmfulness. Thus, the author mentions that the foundation of the process of harmfulness has been on our right the survival of the Administrative security of the legality and the public interest butlimiting the self-enforcement, the requirement of belief in authority to pursue the annulment of an administrative act and to ensure the due process of law is being administered.El presente artículo explica el proceso contencioso de lesividad a partir de la naturaleza jurídica de éste .Así, el autor menciona que el fundamento del proceso de lesividad ha sido en nuestro derecho la pervivencia de la tutela administrativa de la legalidad y del interés público pero limitando la autotutela, la exigencia de convicción en la autoridad para perseguir la anulación de un acto y garantizar el debido proceso del administrado favorecido con el acto.
Libri sul tema "Administrative law and litigation"
1
V, Eijsvoogel Peter, a cura di. Litigation in the Netherlands: Civil procedure, arbitration, and administrative litigation. Austin: Wolters Kluwer Law & Business, 2009.
Cerca il testo completo
2
Institute, Pennsylvania Bar. Administrative litigation for the general practitioner. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055): Pennsylvania Bar Institute, 2011.
Cerca il testo completo
3
Marquis, Mel, e Roberto Cisotta. Litigation and arbitration in EU competition law. Cheltenham, UK: Edward Elgar, 2015.
Cerca il testo completo
6
1926-, Gill Franklin E., a cura di. Securities law administration, litigation, and enforcement. [Chicago]: Section of Business Law, American Bar Association, 1991.
Cerca il testo completo
7
Treacy, Gerald B. Washington guardianship law: Administration and litigation. 2a ed. Carlsbad, Calif: Michie Law Publishers, 1992.
Cerca il testo completo
8
Treacy, Gerald B. Washington guardianship law: Administration and litigation. 3a ed. Carlsbad, Calif: Lexis Law Pub., 1997.
Cerca il testo completo
9
Treacy, Gerald B. Washington guardianship law: Administration and litigation. Seattle: Butterworth Legal Publishers, 1988.
Cerca il testo completo
10
Blum, Karen M. Section 1983 litigation. Washington, DC (Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE, Washington 20002-8003): Federal Judicial Center, 1998.
Cerca il testo completoCapitoli di libri sul tema "Administrative law and litigation"
1
Merusi, Fabio. "Legge e giustizia amministrativa durante il ventennio fascista". In Studi e saggi, 99–117. Florence: Firenze University Press, 2021. http://dx.doi.org/10.36253/978-88-5518-455-7.04.
Testo completoAbstract (sommario):
The paper focuses on the relationship between the Fascist regime and the administrative justice. Once identified in the “invention” of exclusive jurisdiction (over individual matters) a “revolutionary” act of the early Fascism, the paper faces the problem of the administrative litigation over public debt. The issue is treated starting from the transformation of the jurisdiction of merit in the matter of public debt into exclusive jurisdiction: a special attention is paid to the two opposite theses of the “left-wing fascism” and the Italian Constitutional Court. Subsequently, the reflection shifts to the Fascist laws that have limited or excluded since 1923 the appeal against certain administrative acts, also referring to the reactions of the doctrine of the time. A particular case concerns the vice of excess of power which, in the Fascist period, was rationalized and also took on a different meaning from the original one foreseen by the law of 1889. After the fall of Fascism, a final look is turned to the two elusive techniques of the appeal to the administrative judge represented by the laws-measure and the so called “theft of jurisdiction”
2
Heo, Seong-Wook. "5. The Judicial Review Criteria in Korean Administrative Litigation: The Proportionality Principle in Korean Administrative Law and Democratic Accountability". In The Functional Transformation of Courts, 93–102. Göttingen: V&R Unipress, 2015. http://dx.doi.org/10.14220/9783737004909.93.
Testo completo
3
Mason, Jim. "Litigation". In Construction Law, 243–50. 2a ed. London: Routledge, 2023. http://dx.doi.org/10.1201/9781003381808-22.
Testo completo
4
Domingo, Rafael. "Civil litigation". In Roman Law, 109–26. Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781351111478-7.
Testo completo
5
Singh, Mahendra P. "Administrative Powers: Administrative Act". In German Administrative Law in Common Law Perspective, 63–93. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-662-07456-5_3.
Testo completo
6
Singh, Mahendra P. "Administrative Powers: Administrative Act". In German Administrative Law, 32–49. Berlin, Heidelberg: Springer Berlin Heidelberg, 1985. http://dx.doi.org/10.1007/978-3-662-02457-7_3.
Testo completo
7
Backes, Chris, e Mariolina Eliantonio. "Administrative Law". In Introduction to Law, 201–27. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-57252-9_9.
Testo completo
8
Napolitano, Giulio. "Administrative Law". In Encyclopedia of Law and Economics, 32–39. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_526.
Testo completo
9
Napolitano, Giulio. "Administrative Law". In Encyclopedia of Law and Economics, 1–8. New York, NY: Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_526-1.
Testo completo
10
Govern, Kevin. "Law: Administrative". In Encyclopedia of Security and Emergency Management, 1–3. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-69891-5_18-1.
Testo completoAtti di convegni sul tema "Administrative law and litigation"
1
Shi, Yifan, e Xian Fu. "Research on Pre-Litigation Procedure of Administrative Public Interest Litigation Initiated by the Prosecutorial Organization*". In Proceedings of the 5th International Conference on Economics, Management, Law and Education (EMLE 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/aebmr.k.191225.192.
Testo completo
2
Săraru, Cătălin-Silviu. "Principles of judicial review of administrative acts laid down in the recommendations adopted by the Committee of Ministers of the Council of Europe and their transposition in Romania". In XXI međunarodni naučni skup Pravnički dani - Prof. dr Slavko Carić, na temu: Odgovori pravne nauke na izazove savremenog društva, 301–16. Faculty of Law for Commerce and Judiciary, Novi Sad, 2024. http://dx.doi.org/10.5937/pdsc24301s.
Testo completoAbstract (sommario):
The article analyses the fundamental principles of judicial review of administrative acts, as recommended by the Committee of Ministers of the Council of Europe, and their transposition into Romanian law. The study begins by emphasising the importance of the European Convention on Human Rights, ratified by Romania in 1994, and the essential role of its Art. 6 on the right to a fair trial and the trial of cases within a reasonable time by an impartial court. It details the main recommendations adopted by the Committee of Ministers in the field of administrative litigation, including Rec (2007)7 on good administration and Rec (2004)20 on judicial review of administrative acts. The recommendations aim at ensuring effective access to justice, protecting individual rights against administrative abuse, ensuring effective judicial review and establishing alternative dispute resolution mechanisms. The article examines the implementation of these recommendations in Romania, assessing how Romanian case law and legislation have integrated these principles into the administrative litigation system, thus contributing to the strengthening of the legal protection of citizens' rights vis-à-vis administrative authorities.
3
Shao, Shao, e Xi Chen. "Research on Environmental Administrative Public Interest Litigation Instituted by Procuratorial Organs". In 2020 International Conference on Management, Economy and Law (ICMEL 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.201111.013.
Testo completo
4
Wang, Qiao. "Research on Course Content of Administrative Law and Administrative Litigation Law of Public Security Colleges under the Background of “enrollment training system reform”". In International Conference on Education, Management and Computing Technology (ICEMCT-15). Paris, France: Atlantis Press, 2015. http://dx.doi.org/10.2991/icemct-15.2015.135.
Testo completo
5
Wang, Ganping. "Connection Between Civil Public Interest Litigation of Social Organizations and Environmental Administrative Law Enforcement". In 2021 International Conference on Social Development and Media Communication (SDMC 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220105.015.
Testo completo
6
Groza, Anamaria. "Cumulation of Court Actions to Suspend the Enforcement of Unilateral Administrative Acts: Is It Possible?" In 7th International Conference Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective, 46–54. ADJURIS – International Academic Publisher, 2024. http://dx.doi.org/10.62768/adjuris/2024/3/04.
Testo completoAbstract (sommario):
The suspension of administrative acts requires proving the existence of those circumstances that are likely to create a serious doubt as to the legality of the administrative act and the need to temporarily remove the enforceability of the act in order to prevent imminent harm, which is analysed in concrete terms. The seat of the matter regarding the suspension of the execution of administrative acts by the court is Articles 14 and 15 of the Law no. 554/2004 on administrative litigation. Practical work in the field of law creates the prospect of analysing legal institutions in novel hypotheses, as well as in their interaction. For example, is it possible to file two applications for the suspension of the same administrative act, based on Articles 14 and 15 of the Administrative Proceedings Act No. 554/2004? In our opinion, the answer is positive, but also nuanced. The aggrieved persons justify a procedural interest in filing both claims, first of all, given their different effects over time. Moreover, Articles 14 and 15 can be used several times on different grounds, since Article 14 para. 6 also applies accordingly to Article 15 of the Act. The research conducted is accompanied by relevant case law, analytical insights and several conclusions.
7
RABAH, Feghrour. "ADMINISTRATIVE COURTS OF APPEAL AS A JUDICIAL BODY CREATED UNDER LAW 22 – 13 EMBODYING THE PRINCIPLE OF LITIGATION ON TWO LEVELS". In XII. International Research Congress of Contemporary Studies in Social Sciences. Rimar Academy, 2024. https://doi.org/10.47832/rimarcongress12-7.
Testo completoAbstract (sommario):
The Algerian judiciary has known many developments and reforms at the level of the two judicial systems and at the level of various organs, structures and procedures. undertaken by the legislator in order to reform the justice sector.Through the civil and Administrative procedures law 22 _ 13 all this is done with the aim of achieving the principle of litigation on two levels with simpler procedures according to a judicial system that is consistent with the structures of the regular judicial system
8
Zhang, Hongmei. "Discussion on the Determination of “Risk” in Preventive Environment Public Interest Litigation". In 2021 International Conference on Social Science:Public Administration, Law and International Relations (SSPALIR 2021). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210916.019.
Testo completo
9
Chiper, Natalia. "Some aspects regarding compliance with legal submissions in the case of removal conclusions of shortcomings in administrative litigation". In Consolidarea rezilienței sociale prin valorificarea capitalului uman în contextul aderării Republicii Moldova și Ucrainei la Uniunea Europeană, 381–89. Moldova State University, 2024. https://doi.org/10.59295/crs2024.42.
Testo completoAbstract (sommario):
Along with the development of information technologies, the needs of society also change, and the integration of information technologies in the field of justice not only meets the modern needs of society, but also contributes to increasing the efficiency, accessibility and transparency of the legal system. Rapid and well-planned adaptation to these changes is essential to ensure a fair and efficient justice system in the digital age, provided that the normative base is also adapted in parallel. Thus, a more fragile aspect, arising from the period of the digital era that we are witnessing, is the compliance with the legal summons in administrative litigation taking into account the legal provisions, in particular we are referring to CA RM, which, at the moment, requires clarity, changes, additions or the development of a complex legal mechanism where emphasis was placed not only on the role of the court, but also on other actors who directly participate in the process of legal summons, such as Moldovan Post and public authorities.
10
Abdullah, Yahya. "Judicial oversight of applications submitted to the administration is a reason for its development". In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp191-212.
Testo completoAbstract (sommario):
"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to its competent authority, and the legal period granted to the administration to respond to their requests has passed, individuals resort to the judiciary, and submitting the request to the non-competent authority prevents the judiciary from accepting their claim, which wastes their rights and thus harms them. Therefore, the administrative judiciary in many countries has extended its control over this case to consider the application submitted to a non-competent administrative body as if it was submitted to its competent authority, given that the state is a single public legal person. Accordingly, the request submitted to any party starts from the legal period available to the administration to meet the requests of individuals and in its absence the implicit administrative decision of rejection or acceptance arises. Accordingly, we will study the jurisprudence of the French, Lebanese, Egyptian and Iraqi judiciary in this study. The importance of the study lies in the implications of the subject of requests submitted to the administration, the delay in their completion, the silence of the administration, and the consequent effects and exposure to the rights of individuals. And that it will show how to confront this silence, neglect and intransigence of the administration. The idea of implicit administrative decisions, resulting from the administration’s silence on the requests submitted to it, is an effective means, which makes the administration more positive and enables individuals to confront the administration’s silence, and prevents its intransigence, arbitrariness or neglect. The problem of the research is that can silence be an expression of the will? How do individuals protect themselves from the actions of the administration, and who guarantees its non-bias, arbitrariness and deviation? Does submitting the application to a non-competent body protect the rights of individuals? ? And the extent of judicial oversight on the authority of the administration.? And the extent of the compatibility and divergence of the positions of the administrative judiciary in France, Lebanon, Egypt and Iraq regarding this.? From the above in explaining the importance of the study and its problem, we can deduce the scope of the study, which is the study of judicial control over the requests submitted to the administration by taking an overview of the nature of the requests, their types and distinguishing them from others, and the position of each of the legislation, the judiciary and jurisprudence from it. The research consists of two sections, the first deals with the nature of the request and what is related to it, and the second is judicial control over the applications submitted to the administration, as follows"
Rapporti di organizzazioni sul tema "Administrative law and litigation"
1
Sulyok, Katalin. The quality of law requirement as a climate litigation tool. ELTE Faculty of Law, novembre 2022. http://dx.doi.org/10.58360/20221129-sulyok.
Testo completo
2
de Figueiredo, John, e Rui J. P. de Figueiredo. The Allocation of Resources by Interest Groups: Lobbying, Litigation and Administrative Regulation. Cambridge, MA: National Bureau of Economic Research, giugno 2002. http://dx.doi.org/10.3386/w8981.
Testo completo
3
Fluzin, Cyprien. The Use of Administrative Measures Against an Evolving Terrorist Threat: Raising the Stakes for Human Rights, the Rule of Law, and Democracy. ICCT, marzo 2024. http://dx.doi.org/10.19165/2024.1412.
Testo completoAbstract (sommario):
Terrorism in Western nations has changed significantly over the past years, putting security services to the test and prompting necessary adaptations in counter-terrorism strategies. In this context, states may be tempted to resort to more flexible and swiftly implemented tools such as administrative measures. However, this Policy Brief argues that the known risks associated with administrative measures may be magnified today by a combination of factors and pose new challenges. First, the broadening of the perceived terrorist threat, as it coincides with escalating social and political tensions in many democracies, contributes to obscuring the boundaries between activism, disorder, extremism (violent or not), and terrorism, increasing the risk of misuse as part of attempts to protect the public order. Second, the increasingly tense political climate displaying growing polarisation and escalating populist rhetoric raises additional risks of intentional abuse. Finally, it appears that the overreliance on administrative measures, even when prima facie compliant with the law, may also contribute to an erosion of some human rights and rule of law principles. In addition to causing harm to specific individuals or groups, the accumulation of these circumstances may also affect entire societies and undermine democracy altogether. This Policy Brief argues that the current backdrop calls for renewed caution in the use of administrative measures and a dramatic strengthening of existing safeguards and protections against arbitrary or unlawful uses.
4
Kelly, Luke. Policy and Administrative Barriers to IDPs Accessing Basic Services. Institute of Development Studies (IDS), luglio 2021. http://dx.doi.org/10.19088/k4d.2021.112.
Testo completoAbstract (sommario):
Literature shows that IDPs struggle to access services, which has an impact on their ability to live healthy and fulfilling lives. In the field of health, IDPs frequently have worse outcomes than both host community and refugees. This rapid literature review finds evidence of a number of policy and administrative barriers to access of services for internally displaced persons (IDPs). IDPs remain citizens of the countries in which they are displaced, and the national authorities retain responsibility for meeting their basic rights. However, their displacement, loss of livelihoods and assets, lack of documentation, as well as discrimination against them, lack of protection under international law, lack of policy to address their needs, poor services and conflict or disaster conditions, can all make it more difficult for IDPs to access basic services than non-displaced citizens. There is relatively little literature systematically addressing the issue of administrative and policy barriers to service access among IDPs. Much of the literature discusses IDPs alongside refugees (who have a different legal status and access to different national and international support), or discusses the whole range of difficulties facing IDPs but does not focus on administrative or policy barriers. The literature frequently does not compare IDPs and other citizens and service users. Nevertheless, policy and administrative barriers are discussed, ranging from analysis of international instruments on IDPs to documentation procedures in particular countries. Much of the literature shows the prevalence of disease, lack of school attendance, limited provision of services etc. faced by IDPs, but does not discuss the policy and administrative barriers in detail.
5
Paz, Santiago, Luis Tejerina e Donghyun Kang. National Cybersecurity Law, Governance, and Infrastructure in the Republic of Korea. Inter American Development Bank, ottobre 2024. http://dx.doi.org/10.18235/0012876.
Testo completoAbstract (sommario):
This document describes the foundations of cybersecurity practices in the Republic of Korea, specifically laws, regulations, governance, and foundational infrastructure, which comprise the core components of its cybersecurity practices. It also highlights a number of important lessons for improving cybersecurity practices in the country. The first lesson is that laws and regulations are essential for the deployment of effective responses to future cyber threats. Korea has enacted many national laws related to cybersecurity, these laws have been revised to reflect current realities in Korea. These laws form the basis of national policy and governance for effective cybersecurity responses. Second, the Korean government has implemented a pan-government national cybersecurity plan, which delineates the development of a national pan-government information protection system encompassing the public, private, national defense, and financial sectors. Under the National Security Council, Korea's top administrative entity for dealing with national cybersecurity, several agencies work closely to protect the country against cyber threats. The Inter-American Development Bank member states should promote and nurture special cybersecurity-related institutions.
6
Urzola Mestra, Enrique Carlos, David José Hernández Hoyos e Liliana Anaya Caraballo. State of Defenseless Regarding the Delegitimizing Role of Symbolic Criminal Law, in an Administrative Action Regarding the Prohibition of Carrying Personally Owned Firearms. Ediciones Universidad Cooperativa de Colombia, dicembre 2023. https://doi.org/10.16925/gcnc.96.
Testo completoAbstract (sommario):
This class note presents the authors’ perspective on the state of defenseless regarding the delegitimizing role of symbolic criminal law in relation to the administrative act (Decree) prohibiting the carrying of personally owned firearms. The note explores the issue of crimes against movable and immovable property (assets) affected by criminal acts committed by individuals who possess firearms irregularly, resulting in the deprivation of ownership or rights. These victims find themselves in a vulnerable position as part of an unarmed society, unable to exercise the right to self-defense of their assets due to the prohibition on carrying a weapon for this purpose.
7
Papastergiou, Vasilis. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants. Oxfam, Greek Council for Refugees, novembre 2021. http://dx.doi.org/10.21201/2021.8250.
Testo completoAbstract (sommario):
Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
8
Khamedov, Isa, e Igor Tsoy. Opportunities for Reforming Local Government in Uzbekistan: Insights from International Experience. TOSHKENT SHAHRIDAGI XALQARO VESTMINSTER UNIVERSITETI, marzo 2025. https://doi.org/10.70735/gykm9524.
Testo completoAbstract (sommario):
Recent amendments to Uzbekistan’s Constitution and the Law on Local State Authorities introduce a new framework for local governance reform, creating an unprecedented opportunity for decentralization and increased municipal autonomy. A critical conceptual challenge lies in determining whether local governance should primarily serve as a representative institution that voices the interests of citizens or as an administrative body executing state policies. The reform aligns with Uzbekistan’s Strategy-2030, emphasizing the importance of self-governance, strengthening local democratic institutions, and improving service delivery at the municipal level.
9
Duryea, Suzanne, Claudia Martínez e Raimundo Smith. Do Disability Quotas Work? Can we Nudge them? Inter-American Development Bank, marzo 2023. http://dx.doi.org/10.18235/0004813.
Testo completoAbstract (sommario):
We conducted an experiment in quota-eligible firms to study if firms can be nudged to include individuals with disabilities (PwD) with different information letters. The intervention was conducted in the first year of implementing a quota law for PwD in Chile. Firms were randomly assigned to receive an informational email, benefits of inclusion email or information, and fines information. We use anonymized administrative data on monthly employer-employee linkages and disability certification records. We find that the pure information treatment increased the number of PwD working in the firms, and that most of this impact is explained by an increase in the reclassification of incumbent workers.
10
Lewis, Dustin, Naz Modirzadeh e Gabriella Blum. War-Algorithm Accountability. Harvard Law School Program on International Law and Armed Conflict, agosto 2016. http://dx.doi.org/10.54813/fltl8789.
Testo completoAbstract (sommario):
In War-Algorithm Accountability (August 2016), we introduce a new concept—war algorithms—that elevates algorithmically-derived “choices” and “decisions” to a, and perhaps the, central concern regarding technical autonomy in war. We thereby aim to shed light on and recast the discussion regarding “autonomous weapon systems” (AWS). We define “war algorithm” as any algorithm that is expressed in computer code, that is effectuated through a constructed system, and that is capable of operating in relation to armed conflict. In introducing this concept, our foundational technological concern is the capability of a constructed system, without further human intervention, to help make and effectuate a “decision” or “choice” of a war algorithm. Distilled, the two core ingredients are an algorithm expressed in computer code and a suitably capable constructed system. Through that lens, we link international law and related accountability architectures to relevant technologies. We sketch a three-part (non-exhaustive) approach that highlights traditional and unconventional accountability avenues. We focus largely on international law because it is the only normative regime that purports—in key respects but with important caveats—to be both universal and uniform. In this way, international law is different from the myriad domestic legal systems, administrative rules, or industry codes that govern the development and use of technology in all other spheres. By not limiting our inquiry only to weapon systems, we take an expansive view, showing how the broad concept of war algorithms might be susceptible to regulation—and how those algorithms might already fit within the existing regulatory system established by international law.