2024-03-29T13:00:56Z
https://www.bricslawjournal.com/jour/oai
oai:oai.bricslawjournal.elpub.ru:article/46
2016-09-09T14:01:48Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/46
2016-09-09T14:01:48Z
BRICS Law Journal
Vol 3, No 2 (2016); 124-152
ADMINISTRATIVE JUSTICE IN POLAND
Array, Array Array; University of Warsaw
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/46
administrative justice; administrative jurisdiction; administrative courts; principles of administrative procedure; Supreme Administrative Court of Poland; voivodship (regional) administrative court; class actions; cassation appeal
en
This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional) administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal) and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.
oai:oai.bricslawjournal.elpub.ru:article/41
2016-09-09T13:42:09Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/41
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 21-56
CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE
Array, Array Array; Fluminense Federal University
2016-09-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/41
administrative justice; fair trial; due process of law; Latin America
en
This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela). According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts) typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.
oai:oai.bricslawjournal.elpub.ru:article/47
2016-09-09T13:42:09Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/47
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 153-163
PARTY AUTONOMY IN ADMINISTRATIVE (JUDICIAL) PROCEEDINGS
Array, Array Array; Lomonosov Moscow State University
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/47
administrative proceedings; civil procedure; party autonomy; dispositive principle
en
In 2015 in Russian Federation the new Administrative Procedure Code was adopted. The Code uses the legal terms of action proceedings (administrative claim, administrative counterclaim, administrative plaintiff and defendant etc.) and determines “dispositive” rights of parties of administrative proceedings.The author’s intention is to analyze the scope of applying of the principle of party autonomy in administrative (judicial) proceedings. The article contains the comparative analysis of the principle in civil and administrative proceedings.
oai:oai.bricslawjournal.elpub.ru:article/42
2016-09-09T13:42:09Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/42
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 57-66
AN OVERVIEW OF ADMINISTRATIVE JUSTICE IN ARGENTIN
Array, Array Array; National University of La Plata School of Law and Social Sciences
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/42
administrative justice; Argentina; class actions; provisional measures against the state; federal jurisdiction; ‘Amparo’ proceeding
Josefina de Urquiza, Facundo Soria
en
This article provides an overview of the federal administrative justice system in Argentina. It begins with an explanation of how the power to enact procedural law and to organize administrative courts is distributed between the federal state and the local states. It then describes the core constitutional and statutory principles and structures of administrative jurisdiction and the courts, and discusses the lack of a general special procedure to deal with actions involving the federal state and federal subject matter issues (except for interim measures and ‘amparo’ proceedings). The article goes on to provide an explanation of what is currently happening regarding class actions within this context, and it ends with remarks by the author on some provisional conclusions.
oai:oai.bricslawjournal.elpub.ru:article/43
2016-09-09T13:58:14Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/43
2016-09-09T13:58:14Z
BRICS Law Journal
Vol 3, No 2 (2016); 67-69
ADMINISTRATIVE JUSTICE IN ITALY
Array, Array Array; University of Pavia
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/43
Regional Administrative Tribunals; Council of State; subjective rights; legitimate interests; Code of administrative procedure
en
This essay describes the organization of administrative courts in Italy, as a set of courts distinguished from ordinary courts that deal with civil and commercial cases. Since the 19th century Italy has adopted a dual system of jurisdiction, and has never abandoned the traditional criterion according to which ordinary jurisdiction and administrative jurisdiction are established: this criterion, having regard to the entitlement claimed by the plaintiff, is unique to Italy and, leaving aside its distinctiveness, it is quite enigmatic and difficult to apply in practice. Reference is made to the procedure followed before administrative courts, a procedure recently updated through the enactment of the Code of Administrative Procedure.
oai:oai.bricslawjournal.elpub.ru:article/44
2016-09-09T14:00:16Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/44
2016-09-09T14:00:16Z
BRICS Law Journal
Vol 3, No 2 (2016); 80-111
ADMINISTRATIVE JUSTICE IN FRANCE. BETWEEN SINGULARITY AND CLASSICISM
Array, Array Array; University of Bordeaux
Array, Array Array; Paris-Sorbonne University
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/44
administrative justice; French civil procedure
Rachael Singh, Lawyer Linguist (University of Bordeaux)
en
The administrative justice in France oscillates between classicism and singularity. Multiple factors explain how administrative justice has come to occupy a particular place in French administrative law. Administrative justice has not only settled disputes between administration and private persons, but as well, built the French administrative law. One of the main tasks during 19th and 20th century consisted in strengthen the independence from the executive branch and the efficiency in order to satisfy the idea of good justice. Many reforms have been led since the 1990’s. That is why we propose to depict the French system and evaluate the activity of French administrative justice concerning the judicial organization, its jurisdiction and the remedies before the administrative judge. We will enlighten also our paper with a comparative approach and some statistical elements.
oai:oai.bricslawjournal.elpub.ru:article/45
2016-09-09T13:42:09Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/45
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 112-123
THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES
Array, Array Array; University of Valencia
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/45
full jurisdiction system; the division of powers; subjective rights; the scope of judicial review; precautionary measures; the enforcement of judgments
en
Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.