2,490 results on '"ADMINISTRATIVE acts"'
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102. Auto de la Audiencia Nacional de 25 de noviembre de 2022 (Sala de lo Contencioso Administrativo Sección 1ª. Ponente, María Nieves Buisan García).
- Author
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Durá Alemañ, Carlos Javier
- Subjects
- *
PRIVATE communities , *ADMINISTRATIVE acts , *COURTS , *SPECIES , *WOLVES - Abstract
The article summarizes a ruling from the National Court on November 25, 2022, in which a request to suspend an additional provision of a ministerial order allowing the lethal control of wolves in Spain is analyzed. The request was submitted by the Association for the Conservation and Study of the Iberian Wolf (ASCEL), arguing that the species needs better protection. However, the court denied the request, arguing that challenging administrative acts does not automatically result in their suspension. Additionally, it is mentioned that the requested measure has also been dismissed by other autonomous communities and private entities. [Extracted from the article]
- Published
- 2023
103. LA RELACIÓN ADMINISTRATIVA DE SUPERVISIÓN: EL CASO DEL SECTOR FERROVIARIO (COMENTARIO A LA SENTENCIA DEL TRIBUNAL DE JUSTICIA DE LA UNIÓN EUROPEA DE 27 DE OCTUBRE DE 2022).
- Author
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Lora González, Carlos
- Subjects
- *
INFRASTRUCTURE (Economics) , *RAILROADS , *LEGAL judgments , *GOVERNMENT corporations , *ADMINISTRATIVE acts , *SUPERVISION - Abstract
The recent decision of the Court of Justice of the European Union of 27 October 2022, issued in case C-721/20, confirms that the supervision carried out by the supervisory public authority of the railway sector in Germany certainly includes the railway infrastructure manager. The special activity carried out by the manager or its status as public entity does not alter the fact it must carry out administrative supervisory duties, even when it is conducting administrative acts. In author's view, this decision advises establishing an "administrative supervisory relationship" between the railway infrastructure manager and the supervisory public authority on the basis of which the latter may review the former's administrative acts. [ABSTRACT FROM AUTHOR]
- Published
- 2023
104. 行政處分構成要件效力適用之省思 ──以行政法院相關裁判為觀察.
- Author
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詹鎮榮
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE courts ,ADMINISTRATIVE law ,ACTIONS & defenses (Law) ,COURTS - Abstract
Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)
- Published
- 2023
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105. 訴願法修正草案評析.
- Author
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簡玉聰
- Subjects
ADMINISTRATIVE remedies ,ADMINISTRATIVE acts ,LEGAL remedies ,LEGAL judgments ,REFLECTIVE learning ,WORLD War II - Abstract
Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)
- Published
- 2023
- Full Text
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106. Caracterul efectiv al accesului la justiție în procesul civil prin prisma deciziilor Curții Constituționale.
- Author
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ARGINTARU, Olivia-Adriana
- Subjects
CIVIL procedure ,ACCESS to justice ,CONSTITUTIONAL law ,JUDICIAL elections ,NOTARIES ,ADMINISTRATIVE acts - Abstract
Copyright of Pandectele Române is the property of Wolters Kluwer Romania 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.)
- Published
- 2023
107. Stärkung von Kooperation und Zeitnähe in der Außenprüfung? – Eine Analyse des Gesetzes zur Modernisierung des Steuerverfahrensrechts.
- Author
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Wagner, Vanessa
- Subjects
TAX auditing ,TAX administration & procedure ,TAX evasion ,FINANCIAL management ,LIMITATION of actions ,AUDITING ,TAX planning ,TAXATION ,TAX laws ,ADMINISTRATIVE acts ,TAXPAYER compliance - Abstract
Copyright of FinanzRundschau is the property of De Gruyter 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.)
- Published
- 2023
- Full Text
- View/download PDF
108. ФІНАНСОВО-ПРАВОВИЙ СТАТУС ЮРИДИЧНИХ ОСІБ ПУБЛІЧНОГО ПРАВА
- Author
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І. П., Сторожук
- Subjects
PUBLIC law ,STATUS (Law) ,PROPERTY rights ,ADMINISTRATIVE law ,ADMINISTRATIVE acts - Abstract
The purpose of the article is to establish the financial and legal status of legal entities under public law as subjects of administrative law. The article is devoted to the study of the concept and essence of «legal entity under public law». The authors analyze different approaches to the definition of this term, including its relation to the concept of «public legal entity». They point to the need to establish clear criteria for distinguishing legal entities under public and private law. The article also examines the relationship between legal entities under public law and public law entities, revealing their specific legal capacity and legal capacity. The authors emphasize the special procedure for the creation, reorganization and liquidation of legal entities under public law, which is based on administrative acts of state authorities or territorial communities. The article also discusses the debatable issue regarding the criterion for distinguishing legal entities of public and private law and its exclusivity. The article examines in detail the peculiarities of legal entities under public law, including their creation, reorganization, liquidation, as well as their financial and legal status. The authors analyze the official explanations of the National Agency for the Prevention of Corruption, which provide a detailed description of the characteristics of legal entities under public law. They also consider the issue of ownership and use of property by legal entities under public law. The article helps to better understand the differences between legal entities under public and private law. The article examines the financial and legal status of legal entities under public law, in particular, their main sources of financing, rights and obligations regarding property and financial management. The authors emphasize the importance of state control and supervision of financial operations of such legal entities, as well as their obligation to ensure transparency and openness of their financial activities. The article makes a valuable contribution to the understanding of the financial and legal status of legal entities under public law. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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109. 行政诉讼中的行政行为明显不当 ———合法性审查还是合理性审查以及如何审查.
- Author
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黄学贤
- Subjects
ADMINISTRATIVE law ,ADMINISTRATIVE acts ,JURISPRUDENCE ,GEOGRAPHIC names ,LEGAL judgments ,FRAUD in science - Abstract
Copyright of Journal of Soochow University Philosophy & Social Sciences Edition is the property of Soochow University 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.)
- Published
- 2023
- Full Text
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110. Sentencia del Tribunal Superior de Justicia de Castilla y León (Valladolid), de 27 de octubre de 2022 (Sala de lo Contencioso-Administrativo, Sección 1, Ponente: María encarnación Lucas Lucas).
- Author
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Blasco Hedo, Eva
- Subjects
- *
DAMAGES (Law) , *LEGAL procedure , *ELECTRIC lines , *ADMINISTRATIVE acts , *COURT orders - Abstract
The High Court of Justice of Castilla y León has issued a sentence resolving an appeal filed by the company "I-DE REDES ELECTRICAS INTELIGENTES, S.A.U" against an order from the Ministry of Development and Environment. The order establishes protective measures for birdlife in high-voltage power lines throughout the region of Castilla y León. The court declares the order null, arguing that it is a general provision and not an administrative act, and that the legal procedures for its elaboration were not followed. However, it rejects the request for compensation for damages, as it has not been proven that the plaintiffs have suffered such damages. [Extracted from the article]
- Published
- 2023
111. SANCȚIUNI ȘI ALTE CAUZE DE INEFICACITATE A ACTULUI ADMINISTRATIV FISCAL, PRECUM ȘI EFECTELE ACESTORA.
- Author
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TRĂILESCU, ALIN
- Subjects
ADMINISTRATIVE acts ,LEGAL documents ,JUDGE-made law - Abstract
In this study, the author analyzes, based on the legislation, doctrine and case law relevant in the matter, the causes of ineffectiveness of the fiscal administrative acts, as well as their legal effects. In this sense, we started our approach with the individualization of the fiscal administrative acts in the light of their characteristic features, distinguishing them from the administrative acts of authority with a normative or individual character, from the technical-administrative operations and from the fiscal acts of enforcement. Further on, the author carries out a detailed analysis of the sanctions applicable to the fiscal administrative acts, which represent the main causes of the ineffectiveness of these acts, focusing our attention on the sanctions of non-existence and nullity in fiscal matters. Criticism of some deficient legal provisions are also formulated, accompanied by de lege ferenda proposals, as well as by de lege lata solutions that should respond to the controversial issues in the doctrine and the case law in the matter. [ABSTRACT FROM AUTHOR]
- Published
- 2023
112. Judicial Review of the Enforcement of Sectional Title Rules: Administrative Action or Common-Law Review? Trustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd.
- Author
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Pienaar, G. J.
- Subjects
- *
TRUSTS & trustees , *DELEGATED legislation , *JUDICIAL review , *COMMON law , *ADMINISTRATIVE acts - Abstract
In Bae Estates and Escapes (Pty) Ltd v Trustees for the time being of the Legacy Body Corporate 2020 4 SA 514 (WCC) the Supreme Court of Appeal (SCA) considered a resolution by the trustees of a sectional title scheme that an estate agent Bae Estates and Escapes was not allowed to enter or exercise any economic activities in the scheme. The resolution was based on a conduct rule which enabled the trustees to disallow specific estate agents to sub-let units in the scheme on a short-term basis. The Western Cape Division of the High Court found that the resolution was unlawful, wrong, procedurally unfair and arbitrary and therefore reviewable. The High Court considered two requirements of the definition of "administrative action" in the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and held that the resolution of the trustees constituted administrative action in terms of PAJA and was as such reviewable under PAJA. On appeal the Supreme Court of Appeal considered whether the trustees' conduct should be considered an administrative act reviewable under PAJA or alternatively be reviewed under the common law in terms of section 33 of the Constitution. After analysing the three requirements of administrative action to determine whether the conduct of the trustees had to be determined under PAJA, the SCA held that the conduct of the trustees did not fulfil any of these requirements and reviewed their conduct under the common law. In this case note the three requirements for administrative action are discussed in view of the special nature of the body corporate and the rules of a sectional title scheme. The body corporate is a statutory juristic person that is automatically established on the opening of a sectional title register and therefore not consensual in nature, like common law clubs, companies or retirement schemes. Furthermore, its rules are regarded as the product of the quasilegislative function of a statutory body, which rules must be approved by the Ombud Service for Community Schemes before the opening of the sectional title register. Although the outcome of the judgment would have been the same, the juridical basis would have been more accurate if the SCA had taken into consideration the special nature of a sectional title scheme, which brings the conduct of the trustees within the ambit of administrative action under PAJA. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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113. Lineamientos para la aplicación del control inmediato de legalidad en el contexto de estados de excepción.
- Author
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Córdoba Granda, Paola Andrea and Ramírez Arias, Nohelia
- Subjects
- *
ADMINISTRATIVE acts , *COVID-19 pandemic , *ADMINISTRATIVE courts , *EMERGENCY management , *JUSTICE administration , *DELEGATED legislation , *LEGAL certainty - Abstract
This article is the product of research that addresses the regulatory analysis of the immediate control of legality of administrative acts of a general nature issued by territorial entities, within the framework of the state of emergency declared on the occasion of the COVID 19 pandemic, enshrined in the Article 136 of Law 1437 of 2011. After specifying the necessary concepts for a better understanding of the norm, a study was carried out of the acts submitted to legality control before the Administrative Court of Cundinamarca by the Municipalities of Bojacá, Chía, Fómeque and Soacha, during the State of exception of economic, social and ecological emergency declared through Legislative Decree 417 of 2020, effective from March 17 to April 15, 2020, which allowed establishing that in practice the immediate control of legality's application presents difficulties, both at the territorial level and for the legal operator, making it necessary to formulate criteria that allow, municipal entities and judicial offices, its uniform application, in order to guarantee not only the satisfaction of the principles of effectiveness and efficiency, but also the correct, prompt administration of justice and legal certainty. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
114. Die Urkunde als Kompendium und Findmittel? Frühneuzeitliche Grenzrezesse als analytischer Schlüssel zum Grenzkonflikt.
- Author
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HAAS, PHILIP
- Subjects
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RECESSIONS , *BOUNDARY disputes , *STATE formation , *ADMINISTRATIVE acts , *ADMINISTRATIVE law , *MAPS , *GEOGRAPHIC boundaries , *JURISTIC acts , *TREATIES , *CHARTERS , *COMMISSIONERS , *SIXTEENTH century - Abstract
Border delimitations and border disputes were an important part of the early modern process of state formation and the consolidation of power. As such, they are often taken into consideration when studying political and dynastic issues, such as succession disputes, while maps are frequently studied as a form of visualisation to depict territories and borders. So far, however, neither the administrative activities involved in these processes nor the border treaties (Grenzrezesse) which constitute the most important type of source for this area of research have been studied. The aim of this paper is to examine this topic using the principality of Braunschweig-Wolfenbüttel as an example. This principality saw the creation and later on the expansion of administrative structures concerned with border issues from the 16th century onwards. The central aspect analysed in this paper is the process of how border disputes were settled. This was mostly achieved through border commissions. Each party involved in the conflict assigned representatives, both officials of the administrative institutions responsible for border issues (Grenzbehörden) as well as privy councillors (Geheime Räte) to serve as commissioners on these commissions. The result of their work were border treaties. These include narrationes explaining the circumstances of the conflict and of the commission, while the dispositiones comprise the articles listing the terms that had been agreed upon. Compared to administrative records pertaining to border disputes (Grenzakten), border treaties generally offer more information. This is why, when researching these phenomena, this distinctly early modern type of charter is of particular importance. It can serve as a compendium of an entire border dispute and, if there is a proper archival description, as a sort of finding aid for the record in question. This paper therefore also analyses the history of the development of this type of charter. Boundary maps, the third type of source discussed served to visualize and delineate the demarcation of borders, but seem to have been of rather minor importance at the time. [ABSTRACT FROM AUTHOR]
- Published
- 2023
115. DIFUSÃO ESPACIAL DO SARS-CoV-2 (NOVO CORONAVÍRUS) NO MUNICÍPIO DE NITERÓI – RJ.
- Author
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Santos Rodrigues, Marcelle dos and Carlos Oscar Júnior, Antonio
- Subjects
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SARS-CoV-2 , *ADMINISTRATIVE acts , *SOCIAL isolation , *VIRAL transmission , *TEXTURE mapping - Abstract
With the emergence of the new coronavirus, in 2019, in China, in record time, its spread to all continents, leading the World Health Organization to declare a pandemic situation on March 11, 2020. Therefore, a global effort was developed in the fight against COVID-19, involving the enactment of administrative acts on an emergency basis, such as social isolation, closing borders and, more recently, the implementation of the vaccination schedule. In this perspective, the municipality of Niteroi, located in the Metropolitan Region of Rio de Janeiro, was chosen as a study area to understand how the spatial diffusion of Sars-CoV-2 occurred in the first year of spatialization (January 2020 to July 2021, the year of prevalence of the gamma variant. Regarding the methodological procedures, an exploratory analysis of the epidemiological data was used: cases and deaths with the intention of revealing spatiotemporal patterns of diffusion. First, the Pettitt statistical test was applied to identify the point of rupture and trend change of the universe of data. After applying the test and establishing the temporal clipping, Kernel Density statistics were used with the production of choropleth maps of the pattern of spatial diffusion among neighborhoods over epidemiological weeks and also maps of the rate of incidence by neighborhoods. As a result, it was possible to understand that the spatial spread of the virus took place primarily via road structuring axis/population mobility, established by the influence of the intra-municipal hierarchy, where central neighborhoods had the first case and after stabilization there was the interiorization of the dissemination. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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116. Os acordos substitutivos de atividade sancionatória unilateral em contratos da Administração Pública no Brasil.
- Author
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Santa Anna Mucci Daniel, Felipe Alexandre and Fortini Pinto e. Silva, Cristiana Maria
- Subjects
- *
CONTRACTS , *ADMINISTRATIVE acts , *LEGAL sanctions , *PUBLIC administration , *ADMINISTRATIVE law - Abstract
This article aims to analyze the hypotheses in which it is possible to replace a unilateral sanction resulting from contractual breaches by an administrative agreement, as well as the criteria to be observed when choosing between an agreement or a unilateral sanctioning act. To this end, an analysis will be made of the normative provisions that authorize the adoption of consensus in the Brazilian Public Administration and the cases in which it is possible to replace the unilateral administrative act with bilaterality. After defining these assumptions, the existence of authorization in Brazilian law for the replacement of unilateral sanctioning activity, within the scope of administrative contracts, by agreements will be analyzed. Then, the guiding criteria that must be used by the Administration to decide between entering into the agreement or applying the unilateral administrative sanction in the event of contractual administrative infractions will be assessed. In the end, the conclusion will assess the decision-making process by the Administration based on such guiding criteria. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
117. LIABILITY OF LOCAL ELECTED OFFICIALS ACCORDING TO THE 2019 ADMINISTRATIVE CODE.
- Author
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URSUȚA, Mircea
- Subjects
- *
PUBLIC officers , *ADMINISTRATIVE acts , *CODES of ethics , *JUDGE-made law - Abstract
The liability of local elected officials is regulated, starting from 2019, by the Administrative Code. The chapter dedicated to this liability in the Code, although it took over many of the provisions of Law no. 393/2004 on the Statute of local elected officials, contains many new elements. The Code regulates the types of liability of local elected officials, as well as the disciplinary sanctions that occur in case of violation of the rules governing the disciplinary liability of local elected officials. An important place belongs to the liability related to administrative acts, establishing the conditions in which the responsibility of the local elected officials can be combined with that of the issuing authorities of the administrative acts. Last but not least, the law regulates the cases in which the contraventional liability of local elected officials may intervene. [ABSTRACT FROM AUTHOR]
- Published
- 2023
118. УПРАВНЕ РАДЊЕ.
- Author
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Милков, Драган Л. and Радошевић, Рашко С.
- Subjects
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JURISPRUDENCE , *ADMINISTRATIVE acts , *ADMINISTRATIVE procedure , *ACTIONS & defenses (Law) , *CONCORD , *FATHERS - Abstract
As a part of its activities, the public ad ministration passes and performs various acts. Among the acts of administration of non-legal, i.e. material character, given the fact that they do not have a direct legal effect, administrative actions are also included. However, there is no agreement on the notion of administrative actions in domestic legal theory. There is no even unity in the way administrative actions are regulated in domestic law. The pa per therefore analyses various theoretical notions of administrative actions, and then the legal regime of administrative actions, especially bearing in mind the manner in which they are regulated in the new General Administrative Procedure Act. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
119. Reglementări constituționale și legale privind controlul judecătoresc exercitat asupra actelor administrative emise/adoptate în situații excepționale. Aspecte jurisprudențiale.
- Author
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COMAN, Dumitru Ştefan
- Subjects
JUSTICE ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure ,CONSTITUTIONAL courts ,ACCESS to justice - Abstract
The conditions for the admissibility of an action in administrative matters that have as their object administrative acts issued/adopted in exceptional situations are regulated in Law no. 554/2004 of the administrative content, and in other works, we find this issue analyzed as a feature of the administrative content based on Law no. 554/2004 and the Constitution. which is completed with the provisions of the special legislation applicable to exceptional situations. In the specialized doctrine, as a rule, the conditions for the admissibility of an action in administrative litigation are identified: the condition that the challenged act is an administrative act; the condition that the challenged act harms a right recognized by law or a legitimate interest; the condition that the challenged act emanates from a public authority; the condition of fulfilling the prior administrative procedure; provided that the action is brought within a certain period. In the light of these considerations derived from the constant jurisprudence of the Court of Strasbourg, the Constitutional Court of the statute in the sense that ensuring a right of effective access to justice must also be analyzed through the lens of the effects that the court decision has on the rights of the person who addressed the justice. [ABSTRACT FROM AUTHOR]
- Published
- 2023
120. LAS NOCIONES DE LO CONTENCIOSO ADMINISTRATIVO Y EL DESARROLLO CONSTITUCIONAL CHILENO.
- Author
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Harris Moya, Pedro
- Subjects
ADMINISTRATIVE acts ,JUDICIAL review ,DUE process of law ,JURISDICTION ,WOUNDS & injuries - Abstract
Copyright of Historia Constitucional is the property of Revista Historia Constitucional 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.)
- Published
- 2023
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121. STATUS UPRAVNIH UGOVORA U PRAVU EU I NACIONALNOM ZAKONODAVSTVU.
- Author
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Ajanović, Enver
- Subjects
ADMINISTRATIVE reform ,ADMINISTRATIVE procedure ,ADMINISTRATIVE acts - Abstract
Copyright of Pregled is the property of University of Sarajevo 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.)
- Published
- 2023
- Full Text
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122. A indemnização pela perda de sentença na arbitragem de atos pré-contratuais.
- Author
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Ferraz Coutinho, Juliana
- Subjects
DISPUTE resolution ,ADMINISTRATIVE courts ,ARBITRATION (Administrative law) ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure - Abstract
Copyright of Católica Law Review is the property of Catolica Law Review 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.)
- Published
- 2023
- Full Text
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123. Nota da Direção.
- Author
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Portocarrero, Marta and Fragoso Martins, Patrícia
- Subjects
PUBLIC law ,LAW reviews ,INTERNATIONAL law ,ADMINISTRATIVE acts ,PUBLIC spaces ,GENOCIDE - Abstract
Copyright of Católica Law Review is the property of Catolica Law Review 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.)
- Published
- 2023
- Full Text
- View/download PDF
124. IMERSIUNEA ÎN DOMENIUL DREPTULUI DE PROPRIETATE PRIVATĂ RAPORTAT LA CARACTERUL DE UTILITATE PUBLICĂ AL EXPROPRIERII.
- Author
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ROTĂRESCU, Ana-Maria
- Subjects
PROPERTY rights ,EUROPEAN Convention on Human Rights ,EMINENT domain ,ADMINISTRATIVE law ,ADMINISTRATIVE acts ,PUBLIC interest - Abstract
Copyright of Strategic Universe Journal / Univers Strategic is the property of Dimitrie Cantemir Christian University, Institute for Security Studies 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.)
- Published
- 2023
125. Service legal relations: international legal and administrative-criminal aspect.
- Author
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Leheza, Yevhen, Vlasenko, Denys, Shcherbyna, Yevhen, and Moroz, Vita
- Subjects
LEGAL services ,INTERNATIONAL relations ,LEGAL education ,MUNICIPAL services ,ADMINISTRATIVE remedies ,PUBLIC spending ,ADMINISTRATIVE acts - Abstract
Copyright of Dixi is the property of Universidad Cooperativa de Colombia 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.)
- Published
- 2023
- Full Text
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126. LA CONCILIACIÓN PREJUDICIAL EN ASUNTOS DE NULIDAD Y RESTABLECIMIENTO DEL DERECHO CONTRA ACTOS ADMINISTRATIVOS QUE DECIDEN SOBRE DERECHOS DE PROPIEDAD INDUSTRIAL A LA LUZ DEL NUEVO ESTATUTO DE CONCILIACIÓN.
- Author
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PORTILLA MOGOLLÓN, ELIANA ANDREA and VILLARREAL MARQUEZ, MELISSA
- Subjects
INDUSTRIAL property ,ADMINISTRATIVE acts ,PROPERTY rights ,INDUSTRIAL mediation ,ADMINISTRATIVE law - Abstract
Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual 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.)
- Published
- 2023
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127. Short Takes: Recent Developments of Interest to Investors.
- Subjects
INVESTOR protection ,BANKRUPTCY ,CHARITABLE giving ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure ,CRYPTOCURRENCIES ,INCOME tax deductions for charitable contributions - Abstract
We discuss developments involving the mandatory repatriation tax, tax issues around cryptocurrency, temporary loosening of some reporting requirements, realization developments (including charitable contribution substantiation rules), taxation and the Administrative Procedure Act, characterization of Obamacare's shared responsibility payment for bankruptcy law purposes, and a case involving one nonrecognition provision, Section 104(a)(2). [ABSTRACT FROM AUTHOR]
- Published
- 2023
128. A APLICAÇÃO DO PRINCÍPIO DA AUTOTUTELA NOS ATOS ADMINISTRATIVOS COM ÊNFASE NO LANÇAMENTO TRIBUTÁRIO.
- Author
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JANKOVSKI, SANDRA MARLETE and MACIEI, DEMÉTRIUS NICHELE
- Subjects
PUBLIC administration ,TAX assessment ,ADMINISTRATIVE acts ,ACT Assessment ,BIBLIOGRAPHY ,ACQUISITION of data - Abstract
Copyright of Brazilian Business Law Journal / Administração de Empresas em Revista is the property of Administracao de Empresas em Revista 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.)
- Published
- 2023
129. PRESUPUESTOS CONTENCIOSOS ADMINISTRATIVOS Y RECLAMACIONES AMBIENTALES CHILENAS -- ENTRE JURISPRUDENCIA JUDICIAL Y CONSTITUCIONAL.
- Author
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HARRIS MOYA, PEDRO
- Subjects
CONSTITUTIONAL law ,CONSTITUTIONAL courts ,LEGAL judgments ,DUE process of law ,ADMINISTRATIVE acts - Abstract
Copyright of Revista Catalana de Dret Ambiental is the property of Universitat Rovira I Virgili 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.)
- Published
- 2023
- Full Text
- View/download PDF
130. REFUTATION OF ADMINISTRATIVE SETTLEMENT.
- Author
-
Goran, Branković and Zoran, Vavan
- Subjects
CIVIL procedure ,ADMINISTRATIVE acts ,LEGAL remedies ,LEGAL settlement ,ADMINISTRATIVE procedure - Abstract
Although settlement is atypical for administrative proceedings, it represents an important agreement through which parties regulate disputed relations based on mutual concessions. A settlement that has been concluded and officially confirmed carries the legal force of an enforceable decision and can be executed only against the participating party. The agreement between the parties must be officially confirmed by recording the content of the reached settlement. Settlement cannot be equated in terms of content or legal nature with a decision rendered in administrative proceedings. Legal remedies provided by the Administrative Procedure Act cannot be applied to settlement since they exclusively pertain to administrative acts. No administrative dispute can be initiated against a settlement as the subject matter of such dispute solely concerns the legality assessment of that act. Given the undisputed civil legal effects of a settlement concluded in administrative proceedings, the important question arises as to whether settlement can be regarded as a bilateral legal transaction. If a party believes that the settlement was made under a mistake, duress, or fraud, it can challenge it only through an appropriate civil lawsuit filed before the competent court. Considering the legal gap, we believe that the complete regulation of this matter and legal certainty to some extent require the application of civil law principles and judicial practice. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
131. PONIŠTAVANJE I UKIDANJE NEZAKONITOG RJEŠENJA U UPRAVNOM POSTUPKU.
- Author
-
Šikić, Marko and Čeko, Ana Đanić
- Subjects
ADMINISTRATIVE procedure ,ADMINISTRATIVE acts ,LEGAL remedies ,REVOCATION ,CROATS - Abstract
Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci 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.)
- Published
- 2023
- Full Text
- View/download PDF
132. NAČELO ZAKONITOSTI U HRVATSKOM I POREDBENOM UPRAVNOM PRAVU.
- Author
-
Vetma, Bosiljka Britvić and Malenica, Ivan
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE courts ,ADMINISTRATIVE procedure ,CROATS ,COMPARATIVE studies - Abstract
Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci 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.)
- Published
- 2023
- Full Text
- View/download PDF
133. Procesos de impugnación en responsabilidades civiles y administrativas de los servidores públicos.
- Author
-
Montero Solano, Juan Pablo
- Subjects
DUE process of law ,CIVIL liability ,ADMINISTRATIVE acts ,ADMINISTRATIVE remedies ,ADMINISTRATIVE procedure - Abstract
Copyright of Pacha: Revista de Estudios Contemporáneos del Sur Global is the property of PACHA REVISTA DE ESTUDIOS CONTEMPORANEOS DEL SUR GLOBAL 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.)
- Published
- 2023
- Full Text
- View/download PDF
134. PRACTICAL CONSIDERATIONS ON THE ADMISSIBILITY OF THE PLEA OF ILLEGALITY IN ADMINISTRATIVE LITIGATION
- Author
-
Anamaria Groza
- Subjects
plea of illegality ,administrative acts ,judicial review of administrative acts ,inadmissibility ,imprescriptibility ,res judicata ,Law ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
The plea of illegality allows the control of the legality and validity of individual administrative acts, without any time limit. At least, the literal and grammatical interpretation of article 4 of the Law on Administrative Litigation leads to such a conclusion. Unfortunately, the case law “has created” several limitations on the use of this judicial review tool, and most of them do not have a solid legal basis. The protection of the res judicata principle, but also other situations that would circumvent the legal regime of the action for annulment, as well as the broad category of fiscal-administrative acts were considered grounds for the inadmissibility of the plea of illegality, administrative acts outside its scope respectively. What is worse is the fact that the limitations in question may constitute restrictions on the right of access to justice, more precisely to the procedural route of the plea of illegality. The study aims to analyze the legal basis of the cases of inadmissibility of the plea of illegality, created by case law and their compliance with the will of the legislature. The author’s goal is to produce a paradigm shift with regard to this legal institution and to increase its degree of effectiveness. The research conducted is descriptive and explanatory, underpinned by relevant case law and doctrine.
- Published
- 2022
135. Heading of the Part: Freestanding Emergency Center Code.
- Subjects
LEGISLATIVE amendments ,PUBLIC health ,ADMINISTRATIVE procedure ,REGULATORY reform ,ADMINISTRATIVE acts - Abstract
The article offers information on proposed amendments by the Department of Public Health regarding the Freestanding Emergency Center Code. The topics covered include the conflict between two subsections regarding the operation of fluoroscopes, the alignment of the code with another regulation, and the opportunity for interested persons to provide comments on the proposed rulemaking.
- Published
- 2023
136. Sanciones de la administración aduanera para las infracciones de tipicidad.
- Author
-
Suárez Albiño, Manuel Augusto and Alvarado Nolivos, Diana Carolina
- Subjects
LAW reform ,PUBLIC administration ,STATE power ,ADMINISTRATIVE acts ,CUSTOMARY law ,REFORMS - Abstract
Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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.)
- Published
- 2022
137. Türkiye'de 2547 Sayılı Kanun ve Diğer Yasal ve İdari Düzenlemelerde Akademik Personelin Hizmet İçi Eğitimine Yönelik Hükümler.
- Author
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Küçük, Ünal
- Subjects
EMPLOYMENT in foreign countries ,ADMINISTRATIVE acts ,DELEGATED legislation ,LEGAL literature ,HIGHER education - Abstract
Copyright of Journal of Higher Education / Yüksekögretim Dergisi is the property of Deomed Publishing 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.)
- Published
- 2022
- Full Text
- View/download PDF
138. Despre influența calității reglementării actelor administrației publice asupra statului de drept din România.
- Author
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BĂDESCU, Valentin-Stelian
- Subjects
EQUAL rights ,PUBLIC administration ,OBLIGATIONS (Law) ,ADMINISTRATIVE acts ,RULE of law ,POSSIBILITY - Abstract
The development of technology and the complexity of legal relations significantly affects the quality of regulations. Thus, the authors of the primary and secondary normative acts, being pressured by the speed with which the changes occur, first of all proposed that the law provide for the rights, freedoms and obligations of the subjects of law and neglected the aspects related to its quality (accessibility, clarity, predictability, simplification). The quality of the regulation is of interest for the observance of the rule of law - which is based on the principle of legality, the principle of legal security, the principle of equality before the law and non-discrimination and other fundamental principles. In order to be respected the rigors of the village of law, the regulations, which constitute a universe of imperative rules or provisions, must present certain quality conditions in such a way as to offer the effective possibility to those to whom they are addressed to know, retain, understand and respect the provisions which they contain and the public administration has a decisive role in harmonizing relations in society. [ABSTRACT FROM AUTHOR]
- Published
- 2022
139. Contestarea de către funcționarul public a ordinului sau a dispoziției de imputare - efect de suspendare ipso iure?
- Author
-
GOGESCU, Paraschiva-Nina
- Subjects
ADMINISTRATIVE courts ,TAX administration & procedure ,ADMINISTRATIVE acts ,CIVIL service ,DISPUTE resolution - Abstract
The requests of civil servants before the courts of administrative litigation, with a view to suspending the execution of an order or provision of imputation until the resolution of the action on the merits, have generated a non-unitary judicial practice. From the analysis of the case law of the authorities, it appears that the legal problem generated by the application of the provisions of art. 500 par. (3) of the Administrative Code [former art. 85 par. (21) of Law no. 188/1999] is not very recent. However, it should be noted that the practice according to the Administrative Code admits, expressly or implicitly, that art. 500 par. (3) of the Administrative Code is equivalent to a legal suspension of the act of imputation as an effect of its contestation. The subject of reflection of this article is represented by the effect produced by the contestation of the order or the provision of imputation, respectively if, in the conception of art. 500 of the Administrative Code, by exception, the formulation of the preliminary complaint and the request for cancellation of the act of imputation lead to the suspension of the execution of the act until the final settlement of the dispute. The charge order or provision made by the head of an authority or a public institution shall have the legal nature of a budgetary debt instrument, and on the date on which they remain final by not attacking it or rejecting appeals for annulment, they become enforceable titles which can be enforced in accordance with the provisions of the Code of Tax Procedure, such is the meaning of the notion of enforceable title referred to in art. 500 par. (3) of the Administrative Code. Only apparently art. 500 par. (3) of the Administrative Code establishes an exception to the enforceability of the administrative act, so that the interpretation of this text as meaning that, with the introduction of the action for annulment of the order or provision charge, the legal suspension of the execution of the administrative act is not correct. It is noted that there is confusion as to the existence of a legal suspension of the order or of the imputation provision challenged in court, confusion between the enforceability of the administrative act and its enforceability, in the sense forced execution. Contrary to the meaning of the expression „ex officio enforceability", the expression „executory title" of the content of the text of art. 500 par. (3) of the Administrative Code has the meaning of enforceable title in the sense of execution. The circumstance that the enforceability is of the essence of the administrative act represents an additional argument according to which the suppression of this character must be expressly provided for and one cannot speak of a suspension ope legis in the absence of a express regulations. [ABSTRACT FROM AUTHOR]
- Published
- 2022
140. 适航审定“三性”理念与模型分析.
- Author
-
殷时军, 孙建红, and 王大蕴
- Subjects
- *
AERONAUTICAL safety measures , *AIRWORTHINESS , *ADMINISTRATIVE acts , *INTERNATIONAL cooperation , *COMMUNITIES , *GLOBALIZATION , *ECOLOGY - Abstract
The airworthiness certification is an internationally accepted legal administrative act to ensure civil aviation safety, an important component of the core competitiveness of the national civil aviation industry, and an important force in promoting the healthy development of the civil aviation industry and the strategic transformation of the national economy. In this paper, the “three principles” model of airworthiness certification is proposed, aiming at compliance of technical standards for airworthiness certification, differences in airworthiness management standards, and acceptability of airworthiness certification results among countries. Through an in-depth analysis of the concept, model, and practice of the “three principles” of airworthiness certification, the theoretical connotation of the “three principles” relationship of airworthiness certification is revealed, and the relationship model between the “three principles” of airworthiness certification is established. The study of this model can guide the international cooperation on airworthiness and the construction of airworthiness regulatory system. In addition, the effectiveness of the “three principles” model has been verified in airworthiness certification practice. Through the research on “three principles” of airworthiness certification, we can continuously improve the compliance of technical standards, narrow the differences in management standards, and ensure that the certification results are widely accepted by the international community. This will enhance the international discourse and influence of China’s civil aviation airworthiness certification, and create a fairer international policy environment to facilitate the development, expansion and internationalization of China’s civil aviation industry. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
141. THE FRAMEWORK AND LIMITS OF THE CONSTITUTIONAL AND LEGAL POWERS IN THE ACTIVITY OF THE PUBLIC MINISTRY IN THE CONTEXT OF RESPECTING THE FUNCTIONS OF THE STATE.
- Author
-
CHIRIAC, Lucian and BLAJ, Sonia
- Subjects
- *
ADMINISTRATIVE courts , *ADMINISTRATIVE acts , *JUDICIAL power , *PROSECUTION , *LEGAL authorities - Abstract
The material competence of public administrative authorities, with the object of drafting and issuing administrative acts, is provided in the Romanian Constitution and the Administrative Code introduced into the normative circuit by O.U.G. no. 57/2019. The legality control of administrative acts is generally ensured by the courts directly or indirectly, especially by the administrative litigation courts. Therefore, it is obvious that the Public Ministry, which is part of an executive-administrative body (see ECtHR decisions) and not of the judicial power, has no way to rule on the legality/opportunity of normative administrative acts, this control remaining exclusively in the task of administrative litigation courts. It remains to be discussed regarding the individual administrative acts, within what limits they can be subject to criminal prosecution. The present communication seeks to place in the natural concert of the legal powers of the various constitutional and legal authorities, each institution respecting the functions of the state and their competences. [ABSTRACT FROM AUTHOR]
- Published
- 2022
142. DIGITALIZACIJA HRVATSKE JAVNE UPRAVE S POSEBNIM OSVRTOM NA SUSTAV SOCIJALNE SKRBI.
- Author
-
Čeko, Ana Đanić and Guštin, Matko
- Subjects
SOCIAL services ,PUBLIC administration ,COMMUNITY centers ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure - Abstract
Copyright of Collected Papers of the Faculty of Law in Split / Zbornik Radova Pravnog Fakulteta u Splitu is the property of Split Faculty of Law 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.)
- Published
- 2022
- Full Text
- View/download PDF
143. REGULATORY PRODUCTIVITY IN FEDERAL ADMINISTRATION: AN EMPIRICAL ANALYSIS OF THE DEEP STATE.
- Author
-
Peterson, Jordan Carr and Napolio, Nicholas G.
- Subjects
STATE power ,GOVERNMENT agencies ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure ,FEDERAL legislation - Abstract
Critics of the so-called "Deep State" charge that administrative agencies regulate too pervasively and too often. These claims, however, do not stand on solid empirical ground. Instead, denunciations of the administrative state rely on sensationalized and unrepresentative narratives of regulatory overreach. This Article introduces a two-dimensional conception of regulatory productivity comprising the volume of regulations promulgated by federal agencies, as well as temporal trends in regulatory activity. We marshal comprehensive data on all rulemaking pursuant to all significant federal legislation since the enactment of the Administrative Procedure Act to provide a systematic, empirical examination of regulatory productivity among administrative agencies. Namely, we present readily interpretable measures of regulatory productivity for every significant federal statute and supply recommendations for the cultivation of an empirical administrative law. Further, we employ these data to consider how longitudinal variation in political conditions influences regulatory productivity across all federal statutes. This Article thus offers a template for an empirically rigorous analysis of the Deep State that should allow scholars and practitioners alike to understand better the scope of administrative power. Taken together, our analyses suggest that federal administration, considered systematically and empirically, bears scant resemblance to the domineering Leviathan imagined in conventional critiques of regulatory power in the administrative state. [ABSTRACT FROM AUTHOR]
- Published
- 2022
144. 行政法學之迷霧森林──行政處分效力之體系.
- Author
-
程明修
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law - Abstract
Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)
- Published
- 2022
- Full Text
- View/download PDF
145. 行政法傳統學理的反思與開展──行政處罰、裁罰性不利處分與管制性不利處分.
- Author
-
詹鎮榮
- Subjects
LEGAL education ,LEGAL justification ,LAW enforcement ,ADMINISTRATIVE acts ,LEGAL judgments - Abstract
Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)
- Published
- 2022
- Full Text
- View/download PDF
146. 行政行為論與行政法律關係論的 新思維.
- Author
-
李建良
- Subjects
ADMINISTRATIVE law ,ACTION theory (Psychology) ,LEGAL education ,ADMINISTRATIVE procedure ,LEGAL procedure ,PROBLEM solving - Abstract
Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)
- Published
- 2022
- Full Text
- View/download PDF
147. THE ISSUE OF PUBLIC OFFICIALS‟ PROMISES IN THE LIGHT OF PHILOSOPHY OF STATE.
- Author
-
GHAMBARYAN, Artur and KHANDANYAN, Rafik
- Subjects
PUBLIC officers ,LEGAL documents ,ADMINISTRATIVE acts ,ADMINISTRATIVE law ,LAW enforcement - Abstract
The legal nature of promises of state bodies has not become a subject of discussion in the theory and philosophy of Soviet and Post-Soviet Law. Issues related to the promise/ assurance of an administrative act and its legal consequences are studied in more detail in the doctrine of German administrative law. Moreover, positive legal provisions on the promise of an administrative act exist in Germany. The results of studying the promise in this article will be presented in a deductive methodology (from general to specific). The article will present: First, within the framework of the types of law enforcement, theoretical approaches about the legal nature of the promises made by officials, their place in the system of sources of law (philosophical and legal plane); Second, the essence of the promise made by an official as a performative act, types of promises and connection with the doctrine of legal expectation (theoretical and legal plane); Third, judicial practice of consideration and resolution of disputes related to the promise made by administrative bodies. The authors conclude that the fulfillment of public promises of high-ranking officials is not only a moral duty, but also causes political and legal consequences. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
148. POR UMA RELEITURA DA PRESUNÇÃO DE LEGITIMIDADE COMO ATRIBUTO DO ATO ADMINISTRATIVO.
- Author
-
CARNEIRO DA CUNHA FILHO, ALEXANDRE JORGE and PETZHOLD DIAS, ANDRÉ
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law ,LEGAL judgments ,BIBLIOGRAPHY ,PUNISHMENT ,WEBSITES - Abstract
Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica 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.)
- Published
- 2022
149. Sales Finance Agency Act.
- Subjects
SALES finance companies ,LEGISLATIVE amendments ,DELEGATED legislation ,LICENSES ,ADMINISTRATIVE acts - Abstract
The article focuses on a proposed amendment to the Sales Finance Agency Act in Illinois, U.S. It is reported that the purpose of the proposed amendments is to modernize and update the administrative rules and regulations that govern sales finance agencies. It is further reported that the changes has been proposed in response to questions raised by licensees and concerns identified in examinations and during the licensing process.
- Published
- 2023
150. Krankenversicherung: Einschließlich Pflegeversicherung und Beitragsrecht der Kranken-, Renten- und Arbeitslosenversicherung.
- Subjects
- *
HEALTH insurance , *ADMINISTRATIVE acts , *MEDICAL care , *PHYSICIANS , *REVOCATION , *HEALTH care industry billing - Abstract
The article describes a legal dispute regarding the revocation of a doctor's authorization for contract medical care due to health problems. The doctor had issued vaccination exemptions without anamnesis or examination, which led to investigations. The Association of Statutory Health Insurance Physicians corrected the doctor's billing due to unusually high numbers of new patients and unauthorized billing. The doctor filed an objection but subsequently had their authorization revoked. The Social Court rejected the application to restore the suspensive effect of the objection, but considered the doctor's complaint admissible and justified. The court must conduct a comprehensive balancing of interests if it does not find any errors in the administrative order for immediate enforcement or the underlying administrative act. [Extracted from the article]
- Published
- 2023
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