Wyniki wyszukiwania - Biblioteka Nauki

1

Wielopostaciowość administracji Unii Europejskiej

100%

Kowalczyk B.

Opolskie Studia Administracyjno-Prawne

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2018

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tom 16

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nr 1 (3)

7-17

PL

The article deals with institutional and procedural differentiation of the EU administration. The initial model of the European administration as a non-executive one has changed over time due to a number of factors. It is indicated that the European administration has developed in several phases and each stage added a distinctive layer to the existing reality. It is not easy today to create a complete and plain picture of the administration in the EU, nor coordination and communication. Diversity and pluralism are considered to be valuable features of the EU governance. Pointing to trends of development, it seems that the EU will continue to focus mainly on processes and procedures that connect the various elements of this structure.

2

The Right of Person for the Appeal of Administrative Juridictional Process: Updated Look at the Concept and Characteristics of the Institute of Appeal

94%

Lyutikov P.

Internal Security

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2010

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tom 2(1)

97-104

EN

The dynamic development of the legal system of Ukraine and the ongoing process of reform and transformation of a wide range of social relations make state institutions and public organisations look for new effective models of managing various spheres of social life, as well as for mechanisms of the protection of human and citizens rights and freedoms. Since the proclamation of the independence of the Ukrainian State, the Verkhovna Rada (Parliament) of Ukraine, when drawing up the legal framework, has been following the «man-oriented» concept aimed at ensuring and fulfilling a whole number of rights of natural and legal persons. The Constitution of Ukraine has undeniably been the crowning achievement of the legislative process. In the context of the discussed problems it is worth mentioning that under art. 55 of the Constitution of Ukraine everybody has the right to appeal against a decision, action or lack of action of state or local government and of a public servant. The said regulation ensures the rights and legal interests of citizens in the sphere of public relations. The challenge may take the form of an appeal against a decision by court of first instance, a cassation appeal, an administrative plaint or action against action or lack of action of a public agency or public servant, an appeal to the commission on labor disputes against a disciplinary penalty, and the like.One of the independent institutions, conditioned by the stage of appeal proceedings, is the institution of appeal in the administrative and jurisdictional procedure, which holds a special place in the system of protection of rights and freedoms of citizens and legal persons. In spite of the relevance of research on the subject matter, it is beyond the interest of the administrative and legal science.

3

The Peculiarities of the Participation of Subjects of Authority’s Powers in Advanced Administrative Process of Ukraine

94%

Bevzenko V.

Internal Security

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2010

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tom 2(1)

105-114

EN

With the passing of the Code of Administrative Judicial Procedure of Ukraine, the constitutional regulation on the state’s responsibility for its actions (Art. 3 of the Constitution of Ukraine) started to be implemented by special judiciary organs (administrative courts) in public legal disputes. Thus, Ukrainian citizens have been granted qualified protection of rights, freedoms and legal interests of natural persons, and protection of rights and legal interests of legal persons, against offences by organs of state and local government, as well as of representatives of those organs and other subjects, in connections with the carrying out of their administrative functions on the basis of legislative acts, including those connected with the exercising of delegated powers (article 2 part 1 of the Code of Administrative Judicial Procedure). The introduction of a competent institution of administrative judiciary has been conditioned by pro-European orientation of Ukraine, whose development as a modern and law-abiding country is still progressing.Thus, Ukraine has witnessed changes and amendments being introduced to administrative procedural legislation and science, with brand-new notions and categories appearing, e.g. ‘the subject of authority’s powers’. The notion refers to organs of state and local government, as well as to their officials and workers. In his article, the author analyses the problems of legal regulations concerning liability of the subjects in administrative proceedings, and of their exercising legal subjectivity as regards administrative procedures. Based on the analysis of the legal regulations in force, the author concludes that the Code of Administrative Judicial Procedure of Ukraine and other normative and legal acts need to be improved.

4

Administrative Courts in Lithuania: History, Evolution, the Present, and Perspectives

94%

Bareikytė S. , Deviatnikovaitė I. , Jacevič B. , Paužaitė-Kulvinskienė J.

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nr 2

11-42

EN

Judicial review of the legality of administrative acts is one of the most important elements of the rule of law. The institute of administrative justice began to develop in the 19th century: in 1872 The French Council of State was given a function of judicial review, the Administrative Court in Vienna (Austria-Hungary) was established in 1867, in Baden (Germany) in 1863, etc. After the First World War, administrative courts were established in several European countries. The law on the Supreme Administrative Court and its Jurisdiction in Czechoslovakia was adopted in 1918. The Law for the Supreme Administrative Court in Poland was issued in 1922. Administrative courts were also functioning in other countries (Latvia, Estonia). In Lithuania administrative courts were established for the first time in 1999, although up to fifteen draft laws on the Administrative Court were prepared in the interwar Lithuania. This article was written on the occasion of the centenary of the Polish administrative courts. Thus, the purpose of the article is to familiarize the readers with Lithuanian administrative courts, starting with the development of the institute of administrative justice from 1918 and ending with the perspectives of judicial review formed in that time. Therefore, the authors of the article set the following objectives: to remind of the origins of administrative justice in Lithuania from 1918 to 1940; to reveal the course of the establishment of administrative courts after the Restoration of the Independence of the Republic of Lithuania in 1990, briefly discussing who and on the basis of which legal acts controlled the legality of administrative acts during the Soviet era; to provide the insights of institutional development as well as competence development of the administrative courts; to present contemporary administrative process, giving some insights about the status quo; to present the features of and the most relevant reforms of administrative process. Abbreviations used in the article are as follows: CSARL – Central State Archive of the Republic of Lithuania, MDWLLAS – Manuscript Department of the Wróblewski Library of the Lithuanian Academy of Sciences.

5

Znaczenie dorobku Wacława Dawidowicza dla współczesnej administracji publicznej

94%

Suwaj R.

Studia Iuridica

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2022

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tom 95

469-484

EN

The subject of the study are the author’s conclusions in the context of the assessment of the scientific achievements of Wacław Dawidowicz, juxtaposed with the achievements of modern administrative law, as illustrated by selected examples. In the author’s opinion, they justify conducting comprehensive research on contemporary administrative law, taking into account systemic and structural changes in public administration and its tasks. There is a noticeable need to verify the current scientific achievements within the entire branch of administrative law, or even more broadly – in the context of all legal norms used today to fulfil public tasks. This seems necessary from the perspective Dawidowicz never forgot about, even speaking of the need to restrain the administration from appropriating most of the spheres of social relations. The point, therefore, is to verify whether there are still effective legal instruments to control the surrender to the administration of the possibility to decide on the criteria of disposing of public funds outside the system of statutory norms. Is it possible to effectively verify the legality of allowing the administration to choose legal forms of action in such a way that there is no possibility of an instance-based and judicial review of the legality of those actions. Finally, a negative answer to the above doubts doesn’t lead to a complete negation of the assumptions of the tripartite division of powers and a democratic state of law implementing the principles of social justice.

6

Las organizaciones cooperativas: el proceso administrativo como parte de la gestión directiva

71%

Torres Jaquez M. C. M. E. , Contreras Loera M. R.

Journal of Intercultural Management

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2013

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tom 5

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nr 1

51-61

EN

This paper shows partial results of a larger research that addresses the administrative process and its relationship to the use of government policies, as part of the management model of the cooperative fishery. The specific problem of this work is on the case of cooperative organization in Sinaloa and administrative process, as part of the management that makes the manager, which requires implementing strategies and techniques of common ownership structure and democratic management. The research was conducted in Sinaloa, the collection of information is performed using a semistructured interview three managers of the fishing cooperatives. Among the findings may indicate that the reality of fishing cooperatives shows that have analyzed the structure for executive management, however, evidence is emerging that planning and the most important decisions, such as date of capture and improving the physical infrastructure is not up to them, in these conditions we can see that although the steps are covered adequately, little will have been planning, since it is defined in the action lines to start the administrative process.

ES

El presente trabajo muestra resultados parciales de una investigación más amplia que aborda el proceso administrativo y su relación con el aprovechamiento de políticas públicas gubernamentales, como parte del modelo de gestión de la organización cooperativa pesquera. La problemática específica de este trabajo se sitúa en el caso de la organización cooperativa en Sinaloa y el proceso administrativo, como parte de la gestión que realiza el directivo que requiere aplicar estrategias y técnicas propias de la estructura de propiedad común y la gestión democrática. La investigación se llevó a cabo en Sinaloa; el levantamiento de información se realizó a través de una entrevista semiestructurada a directivos de tres cooperativas pesqueras. Entre los hallazgos se puede seńalar que la realidad de las organizaciones cooperativas pesqueras analizadas muestra que cuentan con la estructura para realizar la gestión directiva sin embargo, se evidencia que la planeación es incipiente y que las decisiones más relevantes, como la fecha de captura y el mejoramiento de la infraestructura física no depende de ellos; en esas condiciones podemos advertir que aunque las etapas se cumplan adecuadamente, poco habrá servido la planeación, ya que en ésta se definen las líneas de acción para iniciar el proceso administrativo.

7

Social control of public administration: Twilight or renaissance? Observations in the context of the administration performed through the algorithms

59%

Piecha J.

Studia Iuridica

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2021

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tom 89

269-286

EN

This article aims to analyse whether the social control over the administration will play any important role when the administration is going to be performed through the Artificial Intelligence algorithms. It seems that currently this method of controlling the administration is important to ensure that the administration is still integrated into a democratic state ruled by law. However, applying the Artificial Intelligence in the administration process may lead to the situation where the transparency of administrative process is significantly reduced. This may be due to the nature of algorithms. The humans are not able to “decode” or recreate the way the algorithm investigates and solves the given problem. Therefore there is a risk that democratic state may turn into the “technological anocracy” or even into the “technological authoritarianism”. In addition, reckless use of Artificial Intelligence in the administrative process may reverse the values of administrative law itself understood as the law which protects an individual against the abuse of administrative authority. The paper contains also the suggestions in changing the way of exercise the social control over the administration to ensure the democratic standards in the administrative process.

8

Ratum et non consummatum. An Outline of the Procedure

59%

Kohútek M.

Teka Komisji Prawniczej

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2016

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tom 9

73-83

PL

Ratum et non consummatum to proces administracyjny, którego celem jest uzyskanie nadzwyczajnej łaski od małżeństwa ważnie zawartego a niedopełnionego. Proces składa się z dwóch faz. W pierwszej – w trybunale diecezjalnym – ma miejsce przesłuchanie stron i świadków oraz sporządzenie ekspertyzy. Druga faza zachodzi w Rocie Rzymskiej.

EN

Ratum et non consummatum is an administrative process which aim is to achieve the extraordinary grace of abolition of a valid and sacramental, but not consummated marriage. The process consists of two phases. The first phase takes place at the diocesan ecclesiastical tribunal. In this phase, the process consists of hearings of the claimant and the witnesses, and usually also includes creation of an expert report. The second phase takes place in the Roman Rota.