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The policy rule, or beleidsregel, is a legal instrument derived from a discretionary legal authority known as freies Ermessen. Unlike legislation and decisions, which are grounded in formal legal principles, policy regulation is based on the principle of discretion. However, in the evolution of administrative law in Indonesia, the use of discretionary power has become more formalized, blurring the lines between policy rules based on discretion and statutory regulations. Despite this, the review and testing of policy regulations continue to rely on general principles of good governance. This reliance makes it challenging for judicial institutions to review or annul policy regulations if they infringe upon citizens’ rights. This paper employs a juridical-normative method, incorporating conceptual-theoretical, statutory, and comparative approaches, to evaluate and propose how the state can safeguard citizens’ rights violated by policy rules. It also examines whether the judiciary should have the authority to review policy rules. The study concludes that an appropriate mechanism should be established between the reviewing body and the standards for evaluating policy rules. Furthermore, the judiciary should have the discretion to determine the standards for policy regulations, whether by applying general principles of good governance or by also considering laws and regulations that a policy regulation might violate.

AbstractThe research includes a study of the approach followed in monitoring the constitutionality of laws in the Hashemite Kingdom of Jordan and the Republic of Iraq, by explaining the types of oversight of the constitutionality of laws, represented by judicial oversight and political oversight, and explaining the Jordanian Supreme Court’s oversight of the constitutionality of laws, the legal powers granted to it, and oversight of The constitutionality of laws from the Jordanian Constitutional Court, which was established pursuant to the constitutional amendments of 2011, based on Article (58) of the Jordanian Constitution, which led to the transfer of oversight from decentralized and indirect oversight by way of subsidiary payment to direct central oversight And the approach followed in monitoring the constitutionality of laws in the Republic of Iraq, which is a product of the post-2003 phase, as the Iraqi constitutions stipulated the establishment of courts whose mission is to monitor the constitutionality of laws and interpret the texts of the constitution, represented by the Basic Law issued in 1925, and the 1968 Constitution, which mentioned the establishment of the court. Supreme Constitutional.

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The commented judgment was issued in the case of an opposition to a reverse and remand decision issued by the appeal body. The appellant contested the reversal of the first-instance authority's decision, which reversal was justified by the said authority's failure to conduct the entire evidence proceedings. The judgment should be assessed as correct. Firstly, the scope of examination of the case arising from a opposition to a reverse and remand decision is narrow and covers only the examination of the grounds for the reversal of the decision by the appellate authority. Secondly, the principle of two-instance administrative proceedings takes precedence over the principle of speed of administrative proceedings. Therefore, the taking of evidence before the appellate authority may only be supplementary (which is why this authority was not able to conduct proceedings instead of the first-instance authority). [ABSTRACT FROM AUTHOR]

Arctic law and politics are heavily focused on citizens and their welfare. In recent times, migration has led to an increase in immigrants to the Arctic region, expanding discussions on diversity, equality, and inclusion. This article analyses immigrant experiences of the wheels of justice when appealing extended-residence decisions in Finland. There has been research on residence applications but there is no previous research on appealing residence decisions in Finland. Using interpretative phenomenological analysis (IPA), the article analyses four Africans’ experiences of (in)justice during residence permit decision appeals lodged through the administrative courts in Finland 2011–2020. The article uses the Renault concept to argue and underscore the experiences of injustice and to underscore the gathered, analysed emerging themes and the patterns observed in the handling of the residence permit appeal cases from a legal and political perspective. The information was gathered through in-depth interviews using open-ended, structured questions, and the analysis of personal text and information was collated using MAXQDA software. The article highlights the incidences of human rights violations, injustice, mental health and well-being issues, inadequate information and distrust of the administrative justice system, and the risk that this poses to Arctic law and politics as right-wing politics are on the rise.

The article juxtaposes two models of proceedings before administrative courts: the Swedish one and the Polish one. The aim of the article is to answer the question whether Swedish legal regulation may inspire the Polish legislator in a possible amendment of the law on proceedings before administrative courts. The first part of the article analyses Swedish proceedings before administrative courts. This model is characterized by an extensive organisational structure, a wide scope of cases, the evidence proceedings, as well as the possibility to amend an appealed decision. The second part of the article is devoted to Polish regulation. It points out the two-tier nature of administrative judiciary, the limited possibilities of conducting evidence proceedings and the cassation model of jurisprudence. In his conclusions, the author finds interesting the possibility of broadening the scope of evidence proceedings and the possibility of structural expansion of administrative courts in Poland. [ABSTRACT FROM AUTHOR]

The article examines the subjects of contestation of regulatory legal acts in the court of first instance in administrative proceedings. The problem of the subject of law is one of the central problems of the entire theory of law. The subject of law is a necessary element of legal relations, without them it is impossible to build an adequate idea of the functioning of administrative proceedings, since it is impossible to analyze any type of social relations without taking into account the people who carry out these relations. Administrative justice as a form of ensuring the functioning of the legal state considered from two sides: as an institution of judicial control over public administration, regulatory creativity and law enforcement activities; as a complex of legal measures and procedures aimed at protecting the rights of citizens during the resolution of administrative and legal disputes. Legislation determined by the competence of courts of first instance in administrative proceedings. The administrative-legal status of subjects of administrative proceedings realized in the corresponding administrative-legal relations. In the course of these relations, the bodies of the executive power are engaged in regulatory creativity; participate in the implementation of the rights, freedoms and duties of citizens, their protection and protection. The content of legal relations in the field of management is of a public nature. Administrative relations are the object of legal regulation, and administrative legal relations are their legal form. Administrative legal rights of individuals and legal entities in administrative proceedings are recognized and guaranteed by the state, enshrined in the sources of administrative law, the ability to perform actions or refrain from actions within the established limits, to demand from obliged subjects of state, local and other public bodies the implementation certain actions (abstention from implementation) regarding the creation of conditions for the realization of legal opportunities. The effectiveness of public administration activities directly depends on the degree of satisfaction of the legitimate needs of individuals and legal entities, which is determined during the consideration of administrative disputes in courts of first instance. [ABSTRACT FROM AUTHOR]

The article presents an analysis of legal regulations concerning supervisory institutions as a key element in how local government functions. The effectiveness of supervision institutions is analyzed on the basis of legal regulations concerning bodies supervising the activities of local government. Exercising legal supervision contributes to restoring the state of affairs consistent with law, if it has been violated, thus presenting statutory supervisory measures at the disposal of supervisory authorities. Ongoing supervision of voivodes and regional accounting chambers, as a matter of principle, is related to examining the legality of the legislative activity of the decision-making bodies of local government units, therefore the article discusses the process of supervisory proceedings related to the issuance of a supervisory decision by the supervisory authority. In order to exercise supervision more effectively, in addition to appropriate legislative changes and the elimination of existing legal loopholes, in the author's opinion, it is necessary to define the principles of cooperation between supervisory authorities and other entities, including developing and agreeing on procedures for the mutual exchange of information. In addition, the actions taken by prosecutors, who, using their statutory powers, file numerous complaints to administrative courts against resolutions of local government units are also indicated. However, there is a complete lack of knowledge on the part of the supervisory authorities in this regard. The text recapitulates the results of the audit carried out by the Supreme Audit Office which concerned the supervision of voivodes over law-making by local government units in 2017-2019. The analysis of the subject of legal regulations relating to the exercise of supervision provides the basis for the author to formulate de lege ferenda postulates and to present the proposed directions of changes. [ABSTRACT FROM AUTHOR]

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At the beginning of the twentieth century, administrative courts were established one after another in European countries. In this article, scholars review the origins of administrative justice in three Baltic states – Lithuania, Latvia, and Estonia – when all three states declared their independence. In the article, the authors reveal the legal regulation of administrative justice, the procedural provisions of judicial review, the system of institutions that supervised the legality of administrative acts, and their jurisdiction during the period from 1918 to 1940 in the Baltic states.

Mykolas Römeris wrote about various legal issues in his diaries. He also wrote about cases that were examined at the Permanent Court of International Justice in The Hague, where the prominent Lithuanian lawyer served as an ad hoc judge (or national Lithuanian judge). He wrote about the case of the interpretation of the Statute of the Memel Territory, to which he devoted numerous pages in volume 34 of his diaries. Naturally, he also wrote about the case of the Panevėžys–Saldutiškis railway, to which this article is dedicated. While describing the Panevėžys–Saldutiškis case in his diaries, Römeris: looked into issues of international law and the process of hearing cases at the Permanent Court of International Justice; analyzed the ad hoc role of the judge and not only the legal, but also the political and psychological reasons for making decisions; described in detail the judges’ discussions, considering one or another issue, the origin of the case, the legal intricacies of the case, the Lithuanian delegation, the preparation of Lithuania’s defense strategy, and preparation for the judicial process; and presented his opinion regarding the preliminary objections presented by Lithuania. The structure of this article was determined by the progress and stages of the trial process. The scientific foundation of this research consists of the material of two funds stored in the Wróblewski Library of the Lithuanian Academy of Sciences, Vilnius University Library. The historical, comparative, analytical, descriptive, linguistic, and document analysis methods were used in the research. [ABSTRACT FROM AUTHOR]

Using the e-Court system in the Administrative Court aims to create a simple, fast, and low-cost judicial environment under the constitutional mandate where law enforcement and justice need to be carried out as efficiently as possible, both in terms of faster time and cheaper cost. However, in its implementation, it is necessary to conduct a study on the effectiveness and impact of technological renewal in the form of e-Court in the administrative court realm to evaluate the existing system. This research is normative legal research using statutory, comparative, and conceptual approaches. In contrast, the legal materials used are primary, secondary, and tertiary legal materials using documentary study techniques. From this study, it was found that the e-Court system can optimize the realization of the principles of good general justice in Indonesia, but in its implementation it is not yet optimal in terms of implementation and technically so that innovation and further improvements are still needed.

The aim of this article is to analyse the most recent judgments of administrative courts concerning Article 70(6)(1) of the Tax Ordinance Act in order to determine how they will affect the application of this provision. It provides for the possibility to suspend the commencement of the limitation period of a tax obligation or to suspend it, if it has already commenced, on the day of commencement of the proceedings in the case of a revenue offence or a revenue petty offence of which the taxpayer was notified, if the suspicion of an offence or petty offence is associated with failure to perform the obligation. This article also faces a threat that its application might be abused by the tax administration. For this reason, in recent years, administrative courts have issued a number of rulings limiting the tax authorities’ right to use this provision. The author analyses their theses using the research method of an analysis of the law in force, referring at the same time to the opinions of legal scholars and commentators on the institution analysed and also to some extent to statistical data on its application. However, in the author’s opinion, the analysis does not show that these rulings eliminate the risk of abuse of this institution. Therefore, the author postulates that the legislator should intervene in order to repeal the provision which creates room for infringement of basic taxpayers’ rights.

Mykolas Römeris wrote about various legal issues in his diaries. He also wrote about cases that were examined at the Permanent Court of International Justice in The Hague, where the prominent Lithuanian lawyer served as an ad hoc judge (or national Lithuanian judge). He wrote about the case of the interpretation of the Statute of the Memel Territory, to which he devoted numerous pages in volume 34 of his diaries. Naturally, he also wrote about the case of the Panevėžys–Saldutiškis railway, to which this article is dedicated. While describing the Panevėžys–Saldutiškis case in his diaries, Römeris: looked into issues of international law and the process of hearing cases at the Permanent Court of International Justice; analyzed the ad hoc role of the judge and not only the legal, but also the political and psychological reasons for making decisions; described in detail the judges’ discussions, considering one or another issue, the origin of the case, the legal intricacies of the case, the Lithuanian delegation, the preparation of Lithuania’s defense strategy, and preparation for the judicial process; and presented his opinion regarding the preliminary objections presented by Lithuania. The structure of this article was determined by the progress and stages of the trial process. The scientific foundation of this research consists of the material of two funds stored in the Wróblewski Library of the Lithuanian Academy of Sciences, Vilnius University Library. The historical, comparative, analytical, descriptive, linguistic, and document analysis methods were used in the research.

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

It is customary to consider M. Römeris as the creator of Lithuanian constitutional law. However, his academic and social activities testified to the fact that he was also a pioneer of Lithuanian administrative law. M. Römeris was most professionally and thoroughly interested in issues of administrative law in Lithuania, especially in developing the concept of an administrative court. The first monograph in Lithuanian language related to the institute of administrative law (control of the legality of administrative acts or judicial review), “The Administrative Court”, was written by this scholar. Not only that, but Römeris also developed the topic of administrative law in his articles, other books, studies, diaries, and the case-law of the Supreme Tribunal. Further, Römeris was also involved in drafting the Statute of the Council of State, drafting the Law on Administrative Courts, writing explanatory notes to draft laws, advising the Seimas Commission on drafting the Law on Administrative Court, teaching students about judicial review, inviting professors of the University of Paris to give public lectures on administrative justice to Lithuanian lawyers, trying to establish a School of Political Science and an Institute of Administrative Sciences, and finally desperately trying to establish an administrative court in Lithuania. The scientific foundation of this article consists of the material of five funds stored in the Manuscript Departments of the National Central State Archives of Lithuania, Martynas Mažvydas National Library, the Wróblewski Library of the Lithuanian Academy of Sciences, and Vilnius University Library. The historical, comparative, analytical, descriptive, and document analysis methods were used in the research. [ABSTRACT FROM AUTHOR]

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In its constitution, Indonesia declares itself a state of law. However, government practice frequently ignores the State Administrative Court's judgements, despite the fact that court decisions are a crucial part of the state of law notion. The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not comply with administrative court decisions. This is prescriptive and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. The result of this study shows, Firstly, the results showed that the nature of administrative court decisions is erga omnes. Secondly, the position of the Prosecutor is categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.

The need to introduce the institution of mediation in the domestic legal system is based on the positive results of the practical application of the institution of reconciliation in many countries around the world, which indicates its effectiveness. The use of an alternative, non-judicial way of resolving disputes, particularly, mediation, will provide an opportunity to solve the problem of court congestion. The article is devoted to the research of the introduction of the practice of settling administrative disputes through the mediation procedure in Ukraine. The problematic issues that need to be regulated in the legislation have been identified, that are principles and procedure for conducting mediation: from its initiation to the moment of termination; the legal status of the mediator, particularly, the conditions for acquiring the status of a mediator, the content of his rights and obligations, liability for violation of the law on mediation, as well as the categories of disputes in which it can be used. The feature of administrative proceedings is that one of the parties in the dispute is the subject of power. Thus, the feature of alternative dispute resolution, in particular mediation, in administrative proceedings is the peaceful settlement of relations between a state agency, on the one hand, and with a natural or legal person, on the other. There are several possibilities for legalization of the status of a mediator: the first is the implementation of mediation by professional independent mediators (for example, members of a professional association of mediators); the second is judicial mediation: or the settlement of a dispute with the participation of a judge. The issues of determining the categories of cases in which mediation can be used, in particular administrative disputes, remain unresolved. Resolving these issues will help expand the practice of mediation in the settlement of administrative disputes.

It is customary to consider M. Römeris as the creator of Lithuanian constitutional law. However, his academic and social activities testified to the fact that he was also a pioneer of Lithuanian administrative law. M. Römeris was most professionally and thoroughly interested in issues of administrative law in Lithuania, especially in developing the concept of an administrative court. The first monograph in Lithuanian language related to the institute of administrative law (control of the legality of administrative acts or judicial review), “The Administrative Court”, was written by this scholar. Not only that, but Römeris also developed the topic of administrative law in his articles, other books, studies, diaries, and the case-law of the Supreme Tribunal. Further, Römeris was also involved in drafting the Statute of the Council of State, drafting the Law on Administrative Courts, writing explanatory notes to draft laws, advising the Seimas Commission on drafting the Law on Administrative Court, teaching students about judicial review, inviting professors of the University of Paris to give public lectures on administrative justice to Lithuanian lawyers, trying to establish a School of Political Science and an Institute of Administrative Sciences, and finally desperately trying to establish an administrative court in Lithuania. The scientific foundation of this article consists of the material of five funds stored in the Manuscript Departments of the National Central State Archives of Lithuania, Martynas Mažvydas National Library, the Wróblewski Library of the Lithuanian Academy of Sciences, and Vilnius University Library. The historical, comparative, analytical, descriptive, and document analysis methods were used in the research.

In the history of mankind there are known cases of conducting experiments with a goal against people. After all, there has been eugenic research, or research leading to the creation of biological weapons. Such experiments are usually hidden from the public and governed by the internal and classified regulations of particular states. That is why it is important for the domestic legal orders world-wide to establish not only research methods and ways of conducting experiments (from the point of view of medical art and effectiveness of research) but also – and perhaps even more importantly – legal principles and rules limiting the conduct of medical experiments, and to establish rules of conduct with the effect of saving and prolonging the life and health of the patient. This article will analyse the Polish legal regulations and Polish doctrine in the field as a case study, describing an example of the national measures implemented to provide control of the research and medical experiment procedures.

Shifting the procedural law of the Administrative Court is a necessity. This happened as an effort to respond to the absence of arrangements for resolving administrative disputes and government administration regulated in sectoral laws. The Supreme Court through Perma responded to the void in legislations regarding the procedures or procedures for this matter. To analyze the context, this study uses a legal approach, a historical approach, and a conceptual approach. Based on the analysis, it can be seen that there is a shift in the conservative setting from the procedural law of the Administrative Court towards a procedural law system with a progressive setting nuance. This can be seen with changes in procedures, both in terms of reducing the levels of examination, reducing the process of proceedings, and determining the grace period for the event process. With this progressive system, the renewal of the case administration system and the electronic trial go hand in hand. Interpreting the dynamics between law and the judiciary with changes in society, the momentum for changes in the procedural law of the Administrative Court with social changes in society accommodates legal certainty and the principles of a simple and fast trial. Consequently, the shift in the character of the Administrative Court requires proper legislation in a law that regulates the procedural law of the Administrative Court

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Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of this research is to explain and examine the expansion of the absolute competence of the Administrative Court (hereinafter referred to as PTUN) after the Government Administration Law is promulgated and the implications of the application of the Administrative Law on legal certainty to eradicate and enforce corruption in Indonesia. This research uses a normative juridical research method and uses a statutory approach (statute approach). The results showed "that there are several forms of expansion of PTUN competencies, such as the authority that acts factually, the authority, administrative authorization, decide on positive fictitious decisions, and discretionary trials". Meanwhile, the implications of the Government Administration Law on corruption are known as corruption crimes, which are true. So, in this context, there are at least two problems, namely: “1. If the authorized court case is carried out by the state government which is submitted to the court simultaneously, to the State Administrative Court and to the District Court in a corruption case? 2. If at any time a PTUN decision has been issued stating that it is not authorized, but there is also a party who submits the case to the District Court on charges of corruption. What is the attitude of the District Court, whether to accept the PTUN decision on the case or choose to override the PTUN decisionâ€. So the author is of the view that in this case there is concern that it will complicate the prosecution or eradication of criminal acts of corruption in the case of abuse of authority committed by government officials.

This article refers to one of the criteria for controlling the local spatial development plan, which is its compliance with the Polish Constitution. In this regard, in particular, there were identified doubts regarding the answer to the question whether the above mentioned criterion may be applied by administrative courts. There are sensible reasons of thesis that controlling of constitutionality of law in Poland is exercised exclusively by the Constitutional Tribunal. On this background, an attempt was made to formulate additional arguments supporting the statement according to which, however, administrative courts have the competence to verify local plans in terms of their compliance with the Constitution.

Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second, the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.

Indonesia is a country that provides constitutional guarantees over the principle of popular sovereignty. A manifestation of the principle of popular sovereignty is through the holding of a General Election. To safeguard the implementation of fair and democratic elections, laws and regulations concerning elections are made by the government. One of the principles of fair and democratic elections is the availability of legal mechanisms to resolve election disputes. The Indonesian Election Law already has these rules. One mechanism for resolving election disputes is through state administrative courts. This research focuses on discussing the development of the authority of the State Administrative Court (PTUN) in resolving disputes over the Election process. The PTUN has long been established in Indonesia, but the authority of the PTUN in resolving election disputes is a new authority expressly granted by the post-reform election law. This study also discussing two PTUN decisions. The decisions show how electoral law is applied in the practice, which is sometimes not always the same as what is expected by legislators.

A decade ago, Serbia has carried out the reform of judicial control of public administration - by establishing the new Administrative Court. The expected results, however, have not been achieved and the problems that caused the reform have not been resolved. Therefore, a decade later, a new reform is in sight. The planned changes include establishing more administrative courts and introducing a two-instance administrative dispute. The aim of this paper is to discuss these changes, but in a slightly different way. Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute. Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes.

The subject of the article is a positive analysis of the thesis of the justification of the Appeal Court in Łódź judgment of 17 July 2018 (I ACa 1448/17), according to which disputes about educational grants given by local government units to private institutions granted before 1 January 2017 have the nature of public law and should be adjudicated – in principle – by Administrative Courts. In the opinion of the author, the determination of the legal nature of educational grants and the competent court to hear disputes related to it, has been correctly interpreted by the Court of Appeal.

Abstrak Asas-Asas Umum Pemerintahan yang Baik saat ini menjadi salah satu dasar penilaian bagi hakim di Peradilan Tata Usaha Negara untuk menguji suatu tindak pemerintah tersebut mengandung unsur kerugian bagi masyarakat atau tidak. Adanya UU 30 Tahun 2014 tentang Administrasi Pemerintahan telah memperluas kompetensi Peradilan Tata Usaha negara dimana obyek gugatan dalam PTUN tidak hanya KTUN (beschikking) akan tetapi juga tindakan faktual dari pejabat atau badan tata usaha negara. Dengan adanya perubahan UU No. 5 Tahun 1986 tentang Peradilan Tata Usaha Negara yaitu UU No. 9 Tahun 2004 dan UU No. 51 Tahun 2009 mempertegas keberadaan Asas-Asas Umum Pemerintahan yang Baik sebagai alasan menggugat di PTUN. Tidak bisa dipungkiri saat ini konsep hukum Islam banyak dipakai dan diterapkan dalam tindakan-tindakan hukum, baik dalam ranah hukum bisnis atau privat maupun hukum publik. Oleh karena itu maka konsep pemerintahan yang baik menurut Islam perlu dikaji secara mendalam, sering disebut dengan konsep fiqh siyasah. Penelitian ini ditujukan untuk meneliti perbandingan antara konsep Asas-Asas Umum Pemerintahan yang Baik di satu sisi dengan konsep fiqh siyasah di sisi yang lain. Abstract The General Principles of Good Government are currently one of the assessment bases for the judges in the Administrative Court to examine whether or not actions of the government contains the elements of harm for the community. The existence of Law No.30 of 2014 on Government Administration has expanded the competence of The Administrative Court (PTUN) in which the object of lawsuit in the Administrative Court is not only the Decisions of Administrative (beschikking) but also factual action from official or administrative institutions. With the amendment of Law No.5 of 1986 on the Administrative Court namely Law No. 9 of 2004 and Law No.51 of 2009 affirms the existence of The General Principles of Good Government as one of reasons to sue in the Administrative Court. It is inevitable today that the concept of Islamic law is widely used and applied in legal actions, whether in the realm of business law, private law or public law. Therefore, the concept of good government according to Islam needs to be studied further, often referred to as the concept of fiqh siyasah. This study is aimed to examine the comparison between the concept of The General Principles of Good Government with the concept of fiqh siyasah.

One of the crucial problems after enactment of Government Administration Act (UUAP) concerns the extent to which the scope of court jurisdiction relating administrative torts (onrechtmatige overheidsdaad) or OOD, as intended in Article 1365 of the Civil Code. There are at least two different views on the issue. First, administrative court mutatis mutandis has power to resolve the case relating onrechtmatige overheidsdaad, this view is represented by Supreme Court Circular or Surat Edaran Mahkamah Agung (SEMA) No. 4/2016. A different view holds that the OOD act is a genus whereas the factual act as referred to UUAP is a species. This second view is not mutatis mutandis totally transferring the authority of civil judges to administrative court try the OOD case. This difference of opinion is important to be studied more thoroughly in order to know the real issue of the different views.

E-court regulation in Indonesia legalized in order to follow and adjust the digitalization, modernization and globalization. Administrative Court is judiciary body which has to implement the e-court. The object is to analyse the implementation of e-court towards e-governmnet..The method use to analyze is normative juridical research, study the documents (regulation), and secondary data are journals, opinion from experts. The issues are the implementation of administrative e-court in Indonesia towards the development of e-government. The implementation of administrative e-court can not fully implemented because there is legal interpretation in Supreme Court Regulation Number 1 Year 2019 of Case Administration and Court Electronically, there is no regulation of implementation for both process. There is inconsistency between Article number 24 and 25 of Supreme Court Regulation, for evidenciary process follows regulations for each procedural system. The development e-government has shows good effort, whereas it still need to improve. There should be a new regulations to substitute Perma, and to harmonize with the regulations of Administrative Court in future. The implementation of Administrative e-court is absolutely carried out in the digital era. It is to support the realization of e-government.

Administrative law, unlike civil or criminal law, is not a codified branch of law and it is characterized by a large number of sources of different legal force. Thus, a judge hearing administrative disputes must have particularly deep knowledge of administrative law. The article analyzes the experience of France, Germany, the Czech Republic, Slovakia, Poland, and Lithuania in selecting candidates for judges to work with administrative cases.

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As a judicial institution that stands from the mandate of the rule of law, Indonesian’s Administrative Court (PTUN) is still not optimal in carrying out its role to provide justice for administrative decisions. Different from other judicial institutions located in each district/city, the Administrative Court is only available in a few areas. In addition, the executorial power of the Administrative Court's decision which is not monitored has made the disputing parties not enforce the decision several times. This condition makes the Administrative Court appear to be only a formality institution that does not have any coercive provisions. This paper discusses the hindering factors of Administrative Court performance and the importance of strengthening the judiciary. The research method used is normative legal research based on the law related to PTUN.

Subject of this article is the analysis of the appeal in tax administrative process of the Republic of Serbia, with special survey of its effectiveness. We shall analyze the appeal procedure in regards to tax administrative acts with accentuation on action for suspense of enforcement by which, in a special proceeding before second instance or Administrative court, a suspension of enforcement can be achieved. Scope of this article shall also be on rare, but landmark, examples of the case law regarding matter at hand. We argue that, in Serbia as a developing country, as an exception, non-suspensive effect of appeal rule should be maintained in order to realize the goal of efficiency in tax collection and the protection of Treasury interests. However, we also argue that in exceptional circumstances, when property of tax payers is threatened, it is necessary to allow an effective remedy by the means of suspending the enforcement of tax administrative act. We conclude that, as a result of non-application of suspension, appeal will be a non-effective remedy. De lege ferenda we point out the need for introducing a second instance before Administrative court and we propose formation of special tax departments in Administrative court.

This paper explores the capacity of the Administrative Court in Serbia to adjudicate asylum cases, which have been in its jurisdiction since the Court's establishment in 2010. The analysis of its asylum case law is divided into three phases, based on both temporal and substantive criteria. It demonstrates that the best period in handling asylum cases was 2014-2015, during which judgments of the Court significantly improved the decision-making of administrative authorities. Nevertheless, this research has identified several issues that have negatively influenced the work of the Administrative Court in the field of asylum law: the Court's excessive inherited caseload, the influx of new claims, a small number of asylum-related cases, the insufficient number of judges, the extremely broad jurisdiction of the Court, as well as a lack of specialized panels within the Court. The last problem is identified as the major one and the authors propose concrete steps that should be undertaken in order to increase the capacity of the Administrative Court to deal with asylum cases. Lessons learned from Serbia, as a country in the middle of the Western Balkan migration route, can be useful for all other countries along it.

A decade ago Serbia has carried out the reform of judicial control of public administration by establishing the Administrative Court The expected results, however have not been achieved and the problems that caused the reform have not been resolved Therefore, a decade later a new reform is in sight The planned changes include establishing more administrative courts and introducing an instance administrative dispute The aim of this paper is to discuss there changes, but in a slightly different way Instead of their uncritical acceptance and justification by European legal standards, they are analysed having in mind the legal nature of the administrative dispute Successful administrative dispute reform cannot be achieved if European legal standards are blindly accepted and copied literally from classical court proceedings. Only the legal nature of the administrative dispute and the features that make it special and different from the usual court disputes can lead us to a successful implementation of the changes. [ABSTRACT FROM AUTHOR]

Judicial conviction, approached as a logical legal process, is a complex challenge for those who see in the work of the judge something more than a simple application of a legal syllogism. Contemporary doctrines increasingly recognize the active role of judges in the creation of law, which is reflected, at least in theory, in better founded judgments which have a more solid logical structure. From these presuppositions, this article, in a general way, describes the logical-juridical mental process that the tax judge must follow to obtain the long-awaited conviction in their decision, always observing the particular characteristics of the substantive and adjective activity of the tax law.

Copyright of Prawo Budżetowe Państwa i Samorządu is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The author's attention is focussed mainly on full adjudication administrative dispute. Due to the importance of administrative court control of the facts and due to the existence of varying viewpoints regarding this issue, full adjudication administrative dispute in French administrative law is shown. This paper points out the significance of new facts in administrative dispute in particular if these undoubtedly show that they are different to the facts established in the administrative proceedings. In conclusion, the changeability of full adjudication administrative dispute is shown.