The Definition, signs and types of administrative and procedural guarantees (original) (raw)
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2011
The author examines the principle of legality in the activity of public administration and the way in which the compliance with or the violation of this principle affects the efficiency of the activities of public authorities, the safety of legal relations of administrative law, as well as the trust of the citizens in their capacity of recipients of the administrative acts. In reference to providing the legality of the administrative acts, the author shows that the public authorities, in the process of elaborating administrative acts, must observe not only the internal law dispositions with higher legal force, but also the main or derived communitarian acts, as well as the general law principles, some of them codified in internal and European legal acts, and others imposed by the established practice of the Luxembourg Court and the Strasbourg Court. In this context, the author focuses on the necessity of the predictability of normative administrative acts and of the stability of leg...
9 Control of Legality of Administrative Acts and Protection of
2016
Subject matter of this study is control of the administration, its types and meaning as well as the position and role of the court in the Republic of Macedonia, in particular from the aspect of protection of the citizens ’ rights and freedoms against the actual illegal acts of the administration. The paper consists of an introduction, three discussion parts and a conclusion. In the introduction, the reasons for researching this important topic are given. In the first part the importance of the control of the administration is indicated. In addition, its types in the Macedonians ’ legal system are described. In the second part of the paper the importance of judicial control of the concrete administrative acts in terms of separation of powers into legislative, executive and judicial is discussed. In the third part the role and the position of the administrative judiciary system in Republic of Macedonia is critically analyzed with respect to the power separation. In addition, the possi...
JUDGE OF GUARANTEES: SOCIAL PRINCIPLES (Atena Editora)
JUDGE OF GUARANTEES: SOCIAL PRINCIPLES (Atena Editora), 2024
The institute of the guarantee judge, a new statute introduced by Law 13,964/19, is the subject of discussion in this article. In this context, the general objective is to clearly illustrate, with facts and justifications, the ways in which the institute strengthens and makes the Brazilian criminal justice system more aligned with the procedural rules established by the 1988 Constitution. In addition to supporting the rule that Pertinent evidence related to the development of the judge's conviction must be presented in opposing court proceedings. These considerations require a discussion of criminal procedural concepts, procedural systems and their historical development. Based on the research carried out, we agree with the statement that the institution of the judge of guarantees does not contradict moral standards, but emphasizes the need to implement impartiality in the nation's judicial system. As a result, it is up to the Judiciary to take on the challenge of adopting this new procedural figure, viewing it as something very beneficial and preparing the ground for its full realization. As it is a completely theoretical topic, the use of bibliographic processes is emphasized, as well as doctrinal and jurisprudential mechanisms.
Administrative Law: Material, Processual and Formal Components
Administrative law and process, 2021
The purpose of the paper is to analyze and disclose the issues of theoretical and practical plan that prevent the solution of administrative law legal applying issues, which contain or are connected with the definitions of “substantive and processual law” and “norms substantive and processual law” and the development of theoretical proposals needed to solve the problems of the practical plan. Research methods. The paper uses a comprehensive approach to creating a theoretical picture of the object and the application of the methodological scheme of “double knowledge” about the object as such and the knowledge that describes and depicts it; method of comparative legal and doctrinal knowledge of administrative legislation; method of generalization and modeling of new theoretical knowledge of administrative law. Results. Issues for the further development of theory and practice of administrative law are identified and a theoretical approach for their solution is suggested. It is establi...
The Principle of Effective Legal Protection in Administrative Law
2016
This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states con sider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chap ter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they con sider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valu able contribution to the debate around convergence and divergence in European national administrative systems.
Implementation of the Constitutional Law on Judicial Protection
HELIX, 2019
In the presented article, the issue of the importance of translations in the implementation of language guarantees in civil procedural relations and the role of the translator in providing these guarantees is considered. As a result of the study, it was found that the translation in civil procedural relations is considered to be the activity of a special subject-a translator. During the trial, the specified entity is given a special procedural status due to the fluency in the language of the proceedings and the language whose knowledge is necessary for translation. An analysis of the legislative provisions formulated in the civil procedural legislation, and in case of their absence, by analogy of the law borrowed from other procedural sources, allows us to identify two criteria that a translation must meet as a result of the activities of an interpreter, which can be laid in the basis of the motivational part of the court decision. The study of the meaning of translation in civil matters has an important social point of view in terms of the implementation of the constitutional right to use the native language.
Conference on "Guarantees and Integral Protection of the Rights of Children and Adolescents, 2022
This paper offers a brief critical reflection on Law No. 21.430 on Guarantees and Comprehensive Protection of the Rights of Children and Adolescents in relation to two aspects of the law: the duties of the State Administration, and the rules that define the competence of administrative and judicial protection. In the first, a way of approaching these duties will be proposed, from an obligatory perspective, which implies the establishment of imperatives for the State Administration, the non-fulfilment of which brings consequences typical of the law of obligations. Secondly, an analysis will be made of the competencies of the Local Children's Offices, and of the definition of administrative and judicial competencies, concluding, among other things, that there is no indication of which matters are exclusively within the jurisdiction of the family courts.
Control of Legality of Administrative Acts and Protection of Human Rights and Freedoms
Journal of Law Policy and Globalization, 2014
Subject matter of this study is control of the administration, its types and meaning as well as the position and role of the court in the Republic of Macedonia, in particular from the aspect of protection of the citizens' rights and freedoms against the actual illegal acts of the administration. The paper consists of an introduction, three discussion parts and a conclusion. In the introduction, the reasons for researching this important topic are given. In the first part the importance of the control of the administration is indicated. In addition, its types in the Macedonians' legal system are described. In the second part of the paper the importance of judicial control of the concrete administrative acts in terms of separation of powers into legislative, executive and judicial is discussed. In the third part the role and the position of the administrative judiciary system in Republic of Macedonia is critically analyzed with respect to the power separation. In addition, the possibilities of disruption of its independence and autonomy by the executive power are implied. Finally, conclusion is provided with guidance for overcoming conferred shortcomings.The purpose of this paper is to highlight the advantages of control of the concrete administrative acts, especially by the judiciary, and to point out the weaknesses of the system that can lead to disruption of the independence of the judiciary by the executive power.
Revista Amazonia Investiga, 2020
The purpose authors of this article aim to analyze the scientific literature on understanding the concept of “administrative and legal provision of civil rights”, its structural components and on this basis to offer our own view in regard to this administrative and legal category. To achieve this goal, such methods of scientific knowledge were used as: formal-logical; comparative analysis; logical and legal. Different scientific approaches and concepts to defining the notion of citizens’ rights have been analyzed in the article. On this basis the understanding of the category of “administrative and legal provision of citizens’ rights” has been improved. It includes two interrelated components – “administrative and legal” and “provision”. It has been determined that the term provision in the general sense means the creation of conditions, security, protection of something from danger. The rights of citizens as a subject matter of administrative provision have been analyzed. The featu...