Responsibility of the Holders of the Highest Offices in the State on the Example of Austrian Solutions (original) (raw)
Related papers
The Principle of Responsibility as the Supreme Legal Principle in the Work of Public Organs
SCIENCE International Journal
PURPOSE: The purpose of the research is to prove that the principle of responsibility is the supreme (primary) principle in the work of public organs (ministries, other state administration organs, organizations established by law, other state organs, legal and natural persons to whom, by law, is entrusted to exercise public powers, as well as the organs of the municipalities, the city of Skopje and the municipalities in the city of Skopje). RESEARCH METHODOLOGY: The research used the method of analysis of the provisions of the state constitutions for public administration and human rights; on the laws on public administration and on the procedural provisions that lead public organs, on the international legal acts on human rights and on the relevant literature on the organs of public administration. RESEARCH RESULTS: The research imposed the following basic ideas: Public organs are composed by people. Those people are organized by special acts for the organization and systematizati...
Austrian Constitution - general aspects
Revista de Drept Constituțional, 2018
The present article aims at presenting the Austrian fundamental law with the highlighting of some essential aspects regarding the exercise of the legislative, executive and judicial powers, the institutional particularities and, last but not least, the evolution of the regulation that was generated generated by the state's accession to the European Union. Constitutional control is another aspect that we have focused into the study, considering the important role of the Constitutional Court in the rule of law. The conducted analysis has significant valences, especially in the context in which it can signify a point of reference in the comparative study of constitutional regulations
The President as the Subject of Constitutional Responsibility in the Albanian Regulations
Przegląd Prawa Konstytucyjnego, 2019
The article is an analysis of Albanian legal regulations concerning the constitutional responsibility of the president. President for committing a constitutional delict is responsible before the Constitutional Court. The proposal in this regard may submit a group of parliamentarians while parliament may put an indictment. If the Constitutional Court recognizes the merits of allegations made in the indictment, the president is deposited with the office. Streszczenie Prezydent jako podmiot odpowiedzialności konstytucyjnej w albańskich regulacjach prawnych Tekst jest analizą albańskich regulacji prawnych dotyczących odpowiedzialności konstytucyjnej prezydenta. Prezydent za popełnienie deliktu konstytucyjnego odpowiada przed Trybunałem Konstytucyjnym. Wniosek w tej sprawie może złożyć grupa parlamentarzystów, a w stan oskarżenia stawia parlament. Jeśli Trybunał Konstytucyjny uzna zasadność zarzutów przedstawionych w akcie oskarżenia, to prezydent zostaje złożony z urzędu.
1998
This text presents a broad range of aspects of Austrian law and legal culture for the purpose of comparison with other legal systems. In its second revised and enlarged edition it treats the following subjects: political history, the constitution, sources and interpretation of law, the political system, Austria and the European Union, legal education and legal professions, the courts, administrative adjudication, constitutional review, fundamental rights, criminal procedure, civil procedure, the Austrian civil code, private law, labour law, and the civil law tradition. These characteristic features have been selected in order to acquaint the foreign observer with some of the defining elements of Austrian law and legal development. Austrian students and practitioners, too, may find this approach helpful when it comes to explaining their law to others.
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.
Administrative Proceedings in the Habsburg Succession Countries
2020
The book describes the evolvement and present state of administrative procedure law in nine European countries. The authors’ intention was to identify the differences and similarities in administrative procedures, the origins of which should be found in the solutions developed in times of the Habsburg Monarchy, primarily in the course of judicial activity of the Vienna Administrative Court. They became the foundation for Austrian codification of general administrative procedure which was implemented by the Act of 1925 – Allgemeines Verwaltungsverfohrensgesetz. The institutions of procedural law created at that time were adopted in most Habsburg succession countries. Changes that took place in these states after the Second World War and at the turn of the 20th and 21st centuries significantly modified the Austrian concept of codification, which some theorists assumed as a “model”. However, as the authors advocated, the main assumptions of the Austrian codification have been preserved.
THE CONSTITUTIONAL COMPLAINT IN THE POLISH SUPREME LAW
The article presents the institution of the constitutional complaint in the 1997 Constitution of the Republic of Poland. For the first time in the history of Polish constitutionalism the current supreme law made it possible for the citizens to directly appeal to the Constitutional Tribunal in order to protect their laws and liberties guaranteed by the supreme law. The article describes the origin of the institution of the constitutional complaint in Europe and in Poland. The main focus, though, is on the extended analysis of the scope and coverage of the constitutional complaint, together with the conditions set by the legislators that must be met for the complaint to be filed. The paper is concluded with the observations on the constitutional regulations and the practice of their applications in the work of the Constitutional Tribunal.
O papel do Governo polonês na execução de acórdãos do Tribunal Europeu dos Direitos Humanos
2019
The specificity of the Strasbourg judgments is versatile and concerns many different areas of social life that it is not possible to effectively adapt legal norms and apply their interpretation by one entity of public authority. It can be said with full conviction that the execution of judgments is a continuous process and will last as long as the European Court of Human Rights is functioning; surely it will not end with the completion of the most difficult cases. It is important for the national system for the protection of human rights to be very efficient in the context of the protection of human rights. If, however, there is a violation of the norms of international agreements, Poland must be effective in meeting obligations such as the judgments of the European Court of Human Rights. There are two aspects involved in fulfilling obligations under international law arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The first one is t...
Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2018
In any state which, constitutionally, recognizes its democratic character, it is admitted that power belongs to the people. The way in which this power is organized and is exercised by the public authorities, as well as the relations between these authorities, differs from state to state. Lately, constitutional state practice has revealed the tendency of the executive power in particular to increase its role instead of the other two powers in this respect; we can observe the more active involvement of the executive power in the exercise of the legislative function, by the delegated legislation, a function which was officially attributed to the legislative power. Also, this genuine fight sometimes affects fundamental values, such as the rule of law and democracy.