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Regulatory framework of administrative laws for rational utilisation of natural resource in India with reference to impact on environment

Author(s): Harsh Pathak / Language(s): English Publication Year: 0

Minerals are substances that are formed naturally in the Earth. Minerals are solid, inorganic, non-renewable, limited natural resources and are important raw material used in the core sectors of the economy. In India, there is a huge deposit of several types of mineral resources. Mineral industry plays a vital role in India. The extraction of minerals form nature leads to global warming and often creates imbalance which adversely affect wildlife, fishery, climate, rainfall and ecology. Climate change presents a complex challenge for India, which is reflected in its evolving set of climate change laws and policies. The government has adopted various initiatives to comply with the Kyoto Protocol. The central national initiative on climate change is the National Action Plan on Climate Change. Action under NAPCC is premised on the principle of sustainable development, which for the purposes of climate change means achieving growth while at the same time minimizing greenhouse gas emissions.

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Considerations on the Admissibility of the Enforcement Appeal Requesting the Reduction or Elimination of the Penalties Established for the Non-Enforcement of a Court Decision Pronounced in the Matter of Administrative Litigation

Author(s): Nicolae-Horia Țiț / Language(s): English Publication Year: 0

The study analyses the admissibility of the enforcement appeal formulated pursuant to art. 906 para. (5) of the Code of Civil Procedure, in case there have been established penalties for the non-execution in due time of a decision pronounced in the matter administrative litigation, based on art. 24 para. (4) of the Law no. 554/2004. Herein are analysed the common law provisions comprised in the Code of Civil Procedure, their compatibility with the special procedure regulated by art. 24 of the Law no. 554/2004 and the relevant elements of distinction for formulating the conclusions are being highlighted. Arguments from the jurisprudence of the High Court of Cassation and Justice and the Constitutional Court, as well as the opinions expressed in the doctrine, both in civil procedural law and in administrative law, are used for the purpose of the analysis. The conclusions of the study also highlight the manner in which the current regulation could be improved, through de lege ferenda proposals.

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Theoretical Aspects Regarding the Acts Exempted from Control in the Administrative Contentious. Notions Concerning the Acts of Command of Military Character

Author(s): Dumitru Ştefan Coman / Language(s): English Publication Year: 0

In order to be in the presence of an act from this category, it must be about an act coming from a military authority (chief of the state, minister of defense, military commands, army corps, divisions etc.). Such acts cannot be issued by the civilian authorities, and also by the military authorities who because of their nature or purpose, they aren’t commands. The complexity of the military activities and the importance of fulfilling the army’s mission, by and large, it has been projecting during time a certain position the legislative body has been having regarding the notion of act of military command with military character, and especially concerning the intervention of the judicial power in the military decisional process. The law of the administrative contentious no. 544/2004 it preserves the same formulation present both in the Law no. 29/1990 and in the Law of the administrative contentious from the year 1925, the notion of “act of command with military character” which had been used for the first time, in the Romanian legal system in the article no. 107, final paragraph of the Constitution from the year 1923. The classification of a concrete administrative act in the sphere of the acts of command with military character it remains a question of court’s appreciation but this appreciation has to be done also from the point of view of the science of the public law.

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Some Reflections on the Demarcation between the Notion of Interest, in the Sense of Condition for the Exercise of Legal Action, and the Concept of Legitimate Interest, as Defined by the Law on Administrative Contentious No. 554/2004

Author(s): Raluca Laura Dornean Păunescu / Language(s): English Publication Year: 0

The present study aims to disseminate the appropriate distinction between subjective right and the legitimate interest in administrative litigation, a topic currently studied in a tangential way, under the aegis of the doctrinal custom of administrative law, as well as the demarcation between the notion of interest, in the sense of the condition for the exercise of legal action, and the concept of legitimate interest, as defined by the Law on Administrative Disputes No. 554/2004. The deepening of the study tends to use various research methods to achieve the proposed research objectives, such as the historical method, as it highlights the analysis of evolution over time, by presenting the legislative regulation, the comparative method, because interdisciplinary aspects are presented, the logical method, which tends to outline a more rigorous legislative exposition, the critical method, in order to present the opposing approaches and opinions supported in the doctrine, as well as the systemic method, which tends to bring scientific research a cardinal importance through contributing aspects of research. The novelty in relation to the existing doctrinal research lies in treating the study of this issue from the perspective of civil procedural law, taking into account the importance of interdisciplinary approach to the subject, meaning that the author understands to make important references about the general condition of exercising an action, respectively the justification of an interest.

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Particularities of the Administrative Oversight in the Context of the Commissioner Exercise of the Action for Annulment Based on the Provisions of the Law no. 554/2004 of the Administrative Contentious and the Administrative Code

Author(s): George-Bogdan Ionita / Language(s): English Publication Year: 0

The present research aims to carry out a complete and objective analysis of the institution of administrative oversight following in particular the observation and study of the action for annulment formulated by the commissioner. The first objective of the study is to present the relevant legislation on administrative protection as well as to observe the main legislative changes that have had an impact on the research topic. The second objective aims at making a short presentation of the commissioner’s institution, based on which it is possible to analyze particular procedural aspects such as the specificity of the quality to bring to an action conferred by the Law no. 554/2004. Given that this research aims to fully analyze the institution of administrative oversight, in this context could not be omitted the control of specialized oversight exercised by the National Agency of Civil Servants. Regarding the research methods used in this study, the deductive method was used, which involved theoretical documentation starting from the applicable normative material and the literature, as well as the inductive method, which involved the analysis of concrete situations existing in jurisprudence in order to observe various solutions. Regarding the implications of the study, it mainly aimed to analyze the functioning of administrative oversight in the context of legislative changes in both administrative and procedural legislation.

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The Social Body Concerned and Administrative Litigation. The Stages of a Dispute

Author(s): Dan Constantin Mâţă / Language(s): English Publication Year: 0

The notion of social body is provided in the Romanian Constitution, in connection with the fulfilment of the Government's duties, and defined in Law no. 554/2004 of the administrative litigation. This category includes non-governmental structures, trade unions, associations, foundations and any other private legal person, the object of activity of which is the protection of the rights of different categories of citizens or, as the case may be, the proper operation of public administrative services. The law of administrative litigation assimilates the notion of social body to that of a person injured by a public authority by means of an administrative act or by the failure to settle a request within the legal term. Through the action drawn up, the social body may claim the damage of a legitimate public interest or of the legitimate rights and interests of certain natural persons. Considering these legal provisions in the doctrine and case law of administrative litigation, a long dispute has emerged regarding the category of litigation triggered by the action filed by the social body. In one case, it was considered that we are in the presence of an objective litigation, and therefore the social body can file the action on the basis of a damage to a legitimate public interest, without the possibility to claim damage compensation. In another case, representing the majority in both the doctrine and case law, it was stated that the action filed by the social body triggers a subjective litigation, and therefore the petitioner must justify the injury of a subjective right or of a legitimate private interest. The High Court of Cassation and Justice clarified this issue regarding the situation in which the subject of referral to the administrative litigation court is represented by an association. By Decision no. 8/2020, a second appeal was settled in the interest of the law, being established that an association, as social body concerned, can claim the legitimate public interest alternatively to the claiming of a legitimate private interest. The article analyses, from a critical perspective, the evolution of this controversy in relation to the main doctrinal approaches and to the tendencies of the case law in this matter .

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The Right to Information and Consultation of Civil Servants and Contract Staff of Public Authorities and Institutions in the Collective Redundancy Procedure

Author(s): Maria Violeta Duca / Language(s): English Publication Year: 0

The paper analyzes the right to information and consultation of civil servants and contract staff within public authorities and institutions in the collective redundancy procedure, in terms of the requirements of Article 11 on the right to organize and Article 14 on the prohibition of discrimination in the European Convention on Human Rights. Considering that this category of personnel was expressly exempted by the provisions of art. 74 para. (5) Labor Code of the mechanism for the protection of workers affected by collective redundancies, the research seeks to identify whether, in domestic law, other special primary regulations provide for the right to information and consultation of employees of public authorities and institutions affected by collective redundancies. The study shows that the legislative protection mechanisms for this category of workers do not provide for a specific right of workers' representatives to be informed and consulted in the collective redundancy procedure. Given the evolution of the jurisprudence of the European Court of Human Rights, the paper highlights the need for a reflection on the right to information and consultation of employees in the collective redundancy procedure that cannot be excluded from the content of the right to trade union without strong and convincing arguments to support the proportionality test.

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25.00 €

Akt transnarodowy prawa europejskiego

Author(s): Maciej Kruś / Language(s): Polish

The book distinguishes and describes a particular form of activity of public administration bodies, namely issuing transnational administrative acts of European law. These acts are issued by the authorities of the Member States of the European Union. They are acts of application and are issued in specific circumstances. They have direct effect in the territory of the Member States of the European Union. These acts play a crucial role in the integration of the Single Market, and the free movement of people, services and goods. The author presents difficult and complex issues in an accessible form, adducing important aspects of the issuance of administrative decisions under European law. He provides numerous examples relating to practical areas of the economy and private life. The book will be of great use in all classes on European law or the functioning of the European administration. It is addressed to students of law, administration, European law and European studies. Moreover, the book will undoubtedly be of interest to lawyers from various professions, who might make use of it to determine the nature of an authority's action in a given area of private life (obtaining a visa) or economy (e.g. approval of medicines, biocides, decisions on financial investments). This in turn impacts on the question of whether the appropriate legal protection instruments should be adopted, i.e. in the country of origin of a legal act or in the country where the activity is carried out? The book can also be recommended to participants of training in public administration.

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The Role of Public Administration in the Realization of the Public Education Service

Author(s): Elena Roxana Vişan / Language(s): English Publication Year: 0

Due to the multiple roles held within the social system, the public administration field is positioned in the service of the citizen, and through its entire activity interferes with the political, economic and socio-cultural dimensions, where the beneficiary becomes the goal and not the means. It is thus understood that public administration has significance only in interaction with parts of the social system. An important part of the social system, which is in direct line with the public administration, is education, due to its public service performance. Under these conditions, education becomes a service of public interest, where the educational policy is ensured through the specialized public administration. What is the role and how the administration involved in the realization of the public education service is, are questions generating the depth of knowledge at the empirical level in this undertaken approach.

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16.50 €

Wprowadzenie do prawa środowiska

Author(s): Ryszard Mikosz / Language(s): Polish

The work presents the most important systemic issues concerning the legal regulation relating to the environment, in particular its protection. It synthetically discusses: normative definitions of "environment" and "environmental protection", sources of environmental law (with particular emphasis on the constitutional foundations of environmental protection), rights in relation to the environment, entities performing tasks in the field of environmental management and protection, basic types of legal instruments for environmental management and protection, selected consequences of lawful impact on the environment, and the more important instruments of responsibility for violations of environmental regulations.

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Организација државне управе у Босни и Херцеговини de lege lata и de lege ferenda

Author(s): Sanja Golijanin / Language(s): Serbian Publication Year: 0

State administration in Bosnia and Herzegovina is organized on multiple levels and those are as follows: state level (Bosnia and Herzegovina), entity levels (Federation of Bosnia and Herzegovina and Republic of Srpska), cantonal levels (in Federation of Bosnia and Herzegovina) and level of Brčko District of Bosnia and Herzegovina. Thereto, the number of and jurisdictions of administrative bodies on each mentioned level depends on the distribution of jurisdictions. Therefore, significant attention in this paper is devoted to analyzing constitutional provisions on distribution of jurisdictions in Bosnia and Herzegovina with a special accent to, so called, additional jurisdictions and influence of such jurisdiction on (re)organization of state administration. The author also provides summary overview of organizational structure of the state administration for every level of state administration in Bosnia and Herzegovina in particular. The purpose of this paper is to establish basic characteristics of state administration based on analyzing administrative-organizational legal frame and to determine proposals for de lege ferenda organization of the issue of subject.

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12.00 €

Zdolność sądowa i legitymacja skargowa w postępowaniu sądowoadministracyjnym

Author(s): Anna Górska / Language(s): Polish

This monograph is devoted to two interrelated constructions describing the subjective structure of administrative court proceedings, the application of which in practice encounters problems related to the shortcomings of the current legal status and divergent interpretation of legal provisions determining the shape of these constructions. Taking into account the position and function of legal provisions regulating the discussed issues, determining the model of access to the administrative court, the discrepancies revealed in the scientific discussion and jurisprudence require analysis within one research work, the purpose of which is to present contentious issues and propose solutions to the most controversial of them. The selection of legal systems as part of the description of the international standard of access to the administrative court was aimed at showing the diverse formulas for protecting categories of interest under the model of standing to bring a complaint, ranging from relatively narrower ones to the broadest, appropriate for the Portuguese legal system. The monograph contains analysis of the constitutional standard of access to the administrative court in the basic and extended dimensions, which made it possible to assess whether the well-established model of access to this court based on the narrowly understood interest in lodging a complaint requires redefinition. The scope of procedural claims of local government units and the instruments of seeking judicial protection at the disposal of local government units and their bodies were analyze while examining the consequences of the constitutional principle of judicial protection of the independence of local government units. The monograph presents situations of abusing the right to file a complaint to the administrative court and proposes actions sanctioning this phenomenon.

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25.00 €

Geneza, ustrój i orzecznictwo Naczelnego Sądu Administracyjnego do 1989 roku

Author(s): Michał Patryk Sadłowski / Language(s): Polish

This monograph is the first comprehensive attempt in Poland to present the origin and the Supreme Administrative Court until 1989. The author, using archive materials, reconstructed the course of events which, after the Second World War, led to the establishment of judicial review of administrative decisions in the People’s Republic of Poland. He showed the discussed processes against the background of the development of the system and the doctrine of socialist law in Poland, and described selected aspects of political history of the USSR and the so-called socialist bloc.

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Noul design al conceptelor de drept public în economia digitală: influența fiscalității asupra conceptelor fundamentale

Author(s): Mihaela Tofan / Language(s): Romanian Publication Year: 0

The paper addresses the challenges generated by the new configuration of the global economy, in general, and in the European Union, in particular. The recent pandemic, energy crises and military conflicts underline the influence of digitization on public law, from the design of the institutional mechanism to the new regulatory perspective of the tax treatment of income generated by individuals and legal entities. The particularities of the digital dimension of the global economy have justified the need to use similar/compatible regulations worldwide for almost all areas of public law. This tendency is even more present for the field of fiscal law, a distinctive field of public law and the main tool used by states to determine the size of public budgets. All governments are expected to seek to maximize their revenue, using the constitutional protection of the sovereign right to set taxes. The result is often inefficient, as states engage in close competition with each other for the largest share of taxable income. The short-term benefit of such conduct is unbalanced by the medium- and long-term distortion of economic activities, calling for innovative solutions. Recent developments in the negotiation of international organizations and the domestic perspective on the tax regime of digital income have led to changes in the design of public law concepts, favoring mutual tax agreements and undermining the role of national legislations in the matter. The assessment of these recent developments in local, European and international taxation shows important changes in the design of public law concepts in the digital economy: the imperative to draw up multilateral tax agreements and the challenges of constitutional law.

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1.00 €

Problematyka szczepień w polskim systemie prawnym – analiza orzecznictwa sądów administracyjnych

Author(s): Julia Jaskot / Language(s): Polish Publication Year: 0

The subject of mandatory vaccinations is a controversial issue. Recently, more and more people are refusing to subject themselves or their children to mandatory vaccinations. The article presents an analysis of the legal nature of the obligation to receive vaccination in the context of the Polish legal system. The author focuses on the provisions of the Law on prevention and control of infections and infectious diseases. Identifying and considering the legal aspects related to the obligation to vaccinate. The author focuses on the legal aspects of the obligation to vaccinate, including the obligation to vaccinate children, and examines the issue of legal liability for failure to vaccinate. The article also includes an analysis of enforcement procedures aimed at implementing the obligation to perform vaccinations. The author compiles and confronts the views of representatives of the doctrine and analyzes the jurisprudence of administrative courts in the context of the issues discussed. The research methods used by the author are mainly based on a dogmatic-legal approach, allowing deep analysis of legal texts, interpretation of regulations and identification of possible normative collisions.

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1.00 €

Sankcje wobec jednostki za naruszenie obowiązku kwarantanny z powodu COVID-19

Author(s): Justyna Kanas / Language(s): Polish Publication Year: 0

The use of quarantine by sanitary and epidemiological services and the police reached its peak during the COVID-19 pandemic. Faced with the threat to public health, the legislative authority has rapidly developed additional and modified existing provisions on the quarantine mechanism, including the consequences of failure to comply with the regulations and the manner in which quarantine is performed. This publication aims to examine administrative and criminal sanctions for the infringement of the quarantine obligation, as well as to establish the relations between them. The structure of the commented provisions raises objections from representatives of legal sciences in the field of administrative, criminal and constitutional law.

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1.50 €

Obowiązek szczepień ochronnych z perspektywy orzecznictwa sądów administracyjnych

Author(s): Wioletta Talarek / Language(s): Polish Publication Year: 0

The author presents selected rulings and legal solutions in Poland in the field of mandatory vaccinations, considered an important element of the public health safety. Health understood as a public good is protected by public authorities. Decisions taken by the Chief Sanitary Inspectorate, which obliged parents to subject children to mandatory vaccination, were challenged by administrative courts. As a result, the Chief Sanitary Inspectorate began enforcement proceedings without issuing a decision. This action proved illegal as the Inspectorate is not competent to carry out the execution of a non-monetary obligation, which belongs to a voivode, and the Inspection acts only as a creditor. Consequently, those authorities made appropriate administrative arrangements. The publication also addresses the issues of the right to respect private life in connection with the state’s interference in the physical sphere of citizens and penalization of the avoidance of mandatory vaccinations and infringements of sanitary and epidemiological regulations.

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1.00 €

Charakter prawny statutu szpitala w świetle orzecznictwa sądów administracyjnych

Author(s): Dominika Śmierzyńska / Language(s): Polish Publication Year: 0

The publication discusses the legal nature of the statutes of administrative institutions, specifically hospitals, and their impact on the legal situation of the recipients of these institutions. The aim of the publication is to point out the differences in the legal nature of hospital statutes given by entities with different legal status, which in practice determine the possibility or impossibility of verification of specific statutes by an administrative court, which, in turn, translates into a different degree of protection of the constitutional and statutory rights of individuals in the field of health care. The analysis in this publication was carried out using the dogmatic method, consisting in the analysis of legal provisions and statements of jurisprudence and legal doctrine.

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1.50 €

Analiza podstaw prawnych i sposobu egzekucji obowiązku szczepień ochronnych z uwzględnieniem orzecznictwa sądów administracyjnych

Author(s): Weronika Śmierzyńska / Language(s): Polish Publication Year: 0

The author presents the broad issue of the vaccination obligation, especially the methods of its administrative enforcement, and the legal acts on which this obligation is based, especially the legal nature of the Vaccination Program. The aim of the publication is to draw attention to the problem of the existence of legislative acts of public administration, perceived in the doctrine of administrative law, which often specify the legal obligations implemented by universally binding law, such as the vaccination obligation. The author also addresses the issue of difficult judicial control of such acts, despite the fact that they contain general and abstract norms affecting the legal situation of individuals. The research method used in this publication is the dogmatic method, consisting in the analysis of legal provisions and the analysis of the interpretation of these provisions made by jurisprudence and legal doctrine.

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Международната научна конференция „Поп-култура, поп-политика: дигиталният обрат“, посветена на проф. Ивайло Дичев

Author(s): Niya Neykova / Language(s): Bulgarian Issue: 16/2024

44 scientists participated in the International Scientific Conference dedicated to Prof. Ivaylo Dichev, on the topic: Pop-culture, Pop-politics: The Digital Turn. Interdisciplinary Analyses Of The Intersectionality Between Media, Cultures And Politics. The conference concludes the research project "Pop-culture, pop-politics: The digital turn. Interdisciplinary analyses of the intersection between media, cultures and politics" of the Sofia University. The conference was implemented with the help of the Cultural Studies Network, the journal "Seminar_BG", the Department of "Radio and Television" of the Faculty of Journalism and Mass Communication, and the Department of "History and Theory of Culture" at the Faculty of Philosophy, together with scientists from the Institute of Philosophy and Sociology of the Bulgarian Academy of Sciences.

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