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The beginning of the paper concerns the topic of the newly emerged Administration Act as a supreme legal act which outlines the structure and organization of the executive power. The work pays special attention to the bodies of the executive power, as they are laid down in the Act. In conclusion, the author welcomes the creation of Administration Act and its significant character for the improvement of public administration in Bulgaria.
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The foundation of the legal sector is made up of legal principles. The Administrative Procedure Code, which encapsulates the fundamental concepts of administrative procedure, is examined by the author.
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New moments in administrative justice are related to the adoption of the administrative procedure code. In this article, the main points concerning of the administrative justice will be discussed.
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The paper discusses the legal nature of the municipal council rules of procedure in the Republic of Bulgaria. Also the legal nature of the rules of procedure as secondary legislation is studied. The development of the provisions of the Local Self-Government and Local Administration Act related to the municipal council rules of procedure is analyzed. Attention is paid to the case law of the courts and the relevant provisions of the European Charter of Local Self-Government. A few perspectives faced by the municipal council rules of procedure that could improve the local self-government are suggested.
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The law defines that in cases where the mass of emissions in a given area leads to exceeding the pollutant norms, mayors of municipalities develop and Municipal Councils accept Municipal Clean Air Programmes. Those programs are important because some of their aims are to ensure healthy environment and to prevent harm to human health. On the other hand, the municipal programs cause public interest whether the measures are enough to achieve aim of programs.
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The legal interest is the relationship between the disputant and the legal consequences caused by the administrative act. Legal interest is a necessary material precondition for the existence of an administrative dispute and a necessary procedural precondition for referring the dispute to court. The disputant must have a legal interest to attack the relevant act, but how direct and personal must it be? May the legal interest be individual and collective?
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The purpose of this paper is to clarify the legal nature and outline the field of application of the claim under Article 128a of the Administrative Procedure Code. The claim under Article 128a is a particular legal remedy against the nullity of decisions and rulings, barring the further development of proceedings. The nullity is a serious defect of the judicial act, which is related to violations of the requirements for its validity. A null and void decision does not create legal consequences, but creates a fictitiousness of acknowledged and adjudicated rights. When the decision is considered null and void, the court declares its nullity. The claim for annulment of decisions and rulings, issued by the administrative courts and the Supreme Administrative Court, is declaratory in nature and as such is not subject to deadline. The claim is a subsidiary legal remedy against the nullity of the judicial act. It is admissible when the issue of the nullity of the judgment has not been a subject of judicial review. The claim under Article 128a may be defined as an extraordinary means of control regarding the validity of legal acts that entered into force.
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Administrative-patrimonial liability is one of the forms of administrative liability, along with administrative-disciplinary liability and administrative-contraventional liability. Under the conditions of administrative-patrimonial liability, the state and the administrative-territorial units undertake to repair the damage caused to an individual by a specific wrongdoing: a judicial error, the improper provision of a public service, the issue of an illegal administrative act. It can have both a subjective character, when the fault of the responsible public authority must be proved, as well as an objective character, when the liability is committed without the condition of proving the fault. The administrative-patrimonial responsibility is characterized by a remedial sanction. The Administrative Code is the first Romanian normative act that provides a general regulation of the administrative-patrimonial responsibility. The normative text defines this form of liability and establishes the main conditions for its existence. In addition to liability for judicial errors and illegal administrative acts, which previously benefited from regulation, the Administrative Code provides for the first time expressly the liability for deficiencies in the public service. Beyond these beneficial aspects, the current regulation is very brief and contains some contradictory elements.The article analyses the general regulation of the administrative-patrimonial responsibility in the Romanian law with the highlighting of the specific elements and of the implications of theoretical and practical nature.
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Independent and special administrative justice in the Republic of Macedonia in accordance with the criteria of European-continental system has existed for ten years. This means that the administrative court proceedings in the RM is regulated by special laws and that there is a special Administrative court which decides in administrative disputes. Previously, until 2006 whwn the Republic of Macedonia adopted a new law on administrative dispute, there is a mixed concept, when the competent court for administrative disputes was the Supreme Court of the Republic of Macedonia, as a court of general jurisdiction. The basic idea and goal of the administrative judiciary is the legality of the individual, final administrative acts by an independent judicial authority. Specifically for the protection of individuals and legal entities against arbitrary and illegal actions of state bodies of administration, when the public authorities in administrative procedure decide on their rights, obligations and inetrests. Consequently, the main goal of our research is to answer the question of whether and how the administrative judiciary performs its role as guardian of the legality of administrative acts and to identify obstacles and inconsistencies faced by the Administrative Court in performing this role. As important issues related with this aim, and which have a direct impact on the achievement of adequate judicial control is set, the relationship between the court and the administrative authority as a defendant party in administrative proceedings, as well as efficient and effective exercise of administrative-judicial protection for persons who wish to exercise some of their rights and appearing as a plaintiff in an administrative dispute. The answer to these questions in the course of research will primarily be obtained through analysis of empirical data from the previous work of the Administrative Court. In fact, the answer is important to be able to confirm our initial hypothesis, which is that the Administrative Court in its work faces many inconsistencies and obstacles in achieving its primary function, which affects the uniform application of legal norms, but also achieving effective and efficient administrative and judicial protection. Above all this regards the enforcement of judicial verdicts, delivering the documents by the public authority, the decision in a dispute of full jurisdiction, maintaining the oral hearing, a trial within a reasonable time and two-instance administrative judiciary. The author suggest of a special character of the independent and impartial administrative justice, which could be achieved through the implementation of adequate legal norms governing the choice and responsibility of judges. Special emphasis in the work of the authors placed on the need for changes in the Law on Administrative Disputes, which should go in the direction of harmonization of laws with the new Law on Administrative Procedure of 2015 and the consistent application of Article 6 of the European Convention on Human Rights and Freedoms. Namely to open questions about the enlargement of the items would decide the Administrative Court, the incorporating oral hearings as a rule in the administrative proceedings and the detailed planning of the second instance administrative court protection.
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This paper deals with the misdemeanor procedure in the Republic of Macedonia, more specifically the one related to the administrative offences. Namely, the illustrated analysis of the Law on Misdemeanor's (from 2015) provisions speaks of a great anomaly in the respective legal regime; that is the existance of a complaint procedure or, in other words, the fact that the rules are such that the administrative offences procedure is longer than the criminal one. Nevertheless, it is not merely the legal remedy of complaint that is examined, but also the authority founded to decide upon it – the State Commission for Second Instance Decision in Inspection Supervision and Misdemeanor Procedure. The primary idea is that these rules ought to be amended as soon as possible, i.e. that neither the legal remedy of complaint nor the authority referred to should exist. This thesis is based on several arguments among which the nature of the administrative offences procedure, the comparative legal framework as well as several indicators for the successes (if any) in the implementation of the current legislation.
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This paper aims to provide an essential characterisation and classification of environmental administrative acts regulated by law in the Czech Republic, which are related to public construction law, affect the procedural procedures of public construction law, and thus fundamentally determine the final form of construction activities in the Czech Republic. The paper is based on the premise that the results of the procedural procedures of public construction law are always influenced, at least indirectly, by environmental law regulations and administrative acts regulated by these regulations. In the paper, the author will make a primary classification of environmental administrative acts, will deal with the different types of environmental administrative acts, emphasise their importance for the preservation of sustainable development in the development of the territory, and will demonstrate the importance of this environmental legal regulation in the Czech Republic on specific examples.
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Human activity, whether in the public or private sector, must be conducted in full compliance with the law. Persons temporarily holding a public office or a public function have this obligation to comply with the law. In this context, the subject is topical and important both for legal specialists and citizens, who may at some point find themselves performing work in the state apparatus and need to know their obligations to avoid legal sanctions. This paperwork aims to analyze the existing legal framework on the conflict of interest from an interdisciplinary perspective. In order to achieve the proposed scope, the topic is divided into three parts, organized in such a way that the information presented provides as detailed an insight as possible into the subject of conflict of interest. Part I will provide an introduction to the general theme of the topic. Part II will develop the legal regime of conflict of interest from a multidisciplinary, administrative law and criminal law perspective. Part III will briefly exemplify situations of conflicts of interest in the practice of public authorities in order to understand their dynamics, in which the work of the National Integrity Agency and the High Court of Cassation and Justice, Division of the contentious administrative and fiscal, was analyzed.
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This study proposes an analysis of water in general and drinking water in particular, considering that it is indispensable for living on our beautiful blue planet. Water wastage, floods, global warming, wars, waste of all kinds, and pollution, are just some of the causes that can endanger natural water resources, with a direct effect on the present but also on future generations. From this perspective, in relation to climate change, the subject is topical and of interest to both specialists and private individuals, because water is consumed by everyone and it is in the public interest to protect it. The scope of the study is to carry out a comprehensive analysis of water from an interdisciplinary perspective, taking administrative law as a starting point. In terms of methodology, the paperwork is divided into three parts: part I will analyze the national legal framework on water, part II will present relevant international documents describing drinking water standards, and part III will identify several current issues related to public water supply service arising from day-to-day work of public administration. The paperwork will conclude that citizens and public authorities on all continents must behave responsibly on a daily basis in order not to waste water, which is both a legal and a moral obligation.
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Changes and challenges in the universal social system are also leading to obvious changes in education systems. In this context, there is a need for efficiency among national education systems, made possible by developing administrative capacity and accelerating educational change. Starting from this premise, the present article reflects on a scientific approach based on the quantitative research method in order to establish the connection between the administrative capacity of the Romanian education system and the management of educational change. Thus, the phenomenon of change plays a fundamental role in the process of evolution of educational management, as educational entities become organizations in terms of structure, management, vision, mission, relationships and climate. Organizational development and good governance are therefore supported by effective management of administrative capacity in line with educational change.
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The paper presents a critical analysis of the modalities through which the legislation that does rule the legislative delegation procedure is nowadays effectively applied in Romania. Its excessive use is therefore pointed out, as well as the negative consequences respectively generated by this now custom-enforced practice. The present work’structure includes an introduction describing the main motivations that have led us towards the choice of its topics, its present impact, a section reserved to the description of the currently enforced legal frame which does rule over this procedure, and a case study. This latter refers to the Government’s Emergency Ordinance no. 57/2019 issued on July 3, 2019, concerning the Administrative Code, which could be considered as the subsequent evolution undergone by the regulation process fulfilled throughout it and the quality level itself held by its contained juridical norms. De lege ferenda suggestions are as well formulated.
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The concept of solemnity in the act of justice has a long history, originating in antiquity and evolving with the development of society. Since the dawn of history, people have recognized the need to establish official procedures and ceremonies to reach fair and accepted decisions in various disputes and conflicts. Implementing incorrect or erroneous decisions would have deviated from the rules of justice and, at times, even undermined the act of justice. Our work is of practical interest by relating to professional ethics and deontology, as well as analyzing the efficiency of the judicial procedure and the correctness of the title subject to compulsory execution. From the perspective of scientific research methodology, this work addresses the concept of solemnity of the act of justice from the perspective of legal history, through an analysis of each historical era and in relation to certain peoples who have distinguished themselves over time through the rules established in the conduct of trials and the strictness with which they have imposed these rules.
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