2,485 results on '"ADMINISTRATIVE acts"'
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2. Understanding patterns of stakeholder participation in public commenting on bureaucratic policymaking: Evidence from the European Union.
- Author
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Bunea, Adriana and Lipcean, Sergiu
- Subjects
POLICY sciences ,ADMINISTRATIVE acts ,PARTICIPATION ,STAKEHOLDER analysis ,INTERNATIONAL relations - Abstract
What explains the levels and diversity of stakeholder participation in public commenting on bureaucratic policymaking? We examine a novel dataset on a stakeholder engagement mechanism recently introduced by the European Commission containing information about 1258 events organized between 2016 and 2019. We highlight the importance of administrative acts' characteristics and acknowledge the role of policy area type. Acts corresponding to early policy stages, broader in scope, less technical, and more explicit about feedback loop rules, that is, roadmaps, inception impact assessments and delegated acts, generate significantly more comments, from more diverse stakeholders, relative to legislative proposals, and draft implementing acts. Regulatory and distributive policies generate significantly more comments than interior and foreign policies. Diversity is significantly higher in distributive policies but only relative to foreign policies. We contribute by showing the power of administrative acts in influencing stakeholder participation and diversity across decision stages and policy areas and shaping bias in interest representation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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3. PROMOÇÃO PESSOAL COMO IMPROBIDADE ADMINISTRATIVA NO PODER LEGISLATIVO ESTADUAL.
- Author
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Garcia de Oliveira, Lucas Matheus
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law ,PUBLIC administration ,LEGISLATIVE bodies ,LEGISLATORS - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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
- 2024
- Full Text
- View/download PDF
4. Waffenrechtliche Durchsuchungsanordnung.
- Author
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Goers, Matthias
- Subjects
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ASSAULT & battery , *ADMINISTRATIVE courts , *CRIMINAL investigation , *ADMINISTRATIVE acts , *LEGAL remedies - Abstract
The Administrative Court of Magdeburg has issued a search order for the apartment of a respondent who is involved in criminal investigations for assault and threat offenses. The court ordered the search to secure the firearms permit, as well as licensed and unlicensed weapons and ammunition. The search order is based on the Firearms Act and requires a sufficient probability of the abusive use of weapons. It is emphasized that personal characteristics such as irritability or aggressiveness can give cause for concern regarding the abusive handling of weapons. It is noted that the enforcement of administrative acts with coercive measures is possible if they are final and non-appealable or if a legal remedy does not have suspensive effect. It is emphasized that the search order becomes effective immediately and that, in exceptional cases, the hearing of the affected party can be waived if there is an immediate threat of weapon misuse. It is emphasized that no circumstances are apparent that would make the right to enter and search appear disproportionate. [Extracted from the article]
- Published
- 2024
5. Anforderungen an die Person des Leistungsempfängers i.S.d. § 13b Abs. 5 Satz 1 UStG.
- Author
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Burgmaier, Bernd
- Subjects
VALUE-added tax ,TAX courts ,ADMINISTRATIVE acts ,BURDEN of proof ,BUSINESSPEOPLE ,FAMILY business succession - Abstract
Copyright of Umsatzsteuer-Rundschau 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
- 2024
- Full Text
- View/download PDF
6. Supremo Tribunal de la Signatura Apostólica. Sentencia sobre la expulsión de una religiosa, de 26 de enero de 2008.
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ADMINISTRATIVE acts , *COMPETENT authority , *NUNS , *SISTERS , *POSSIBILITY - Abstract
The article presents the sentence of the Supreme Tribunal of the Apostolic Signatura regarding the expulsion of a nun known as Sister X from the Congregation for the Institutes of Consecrated Life and Societies of Apostolic Life. After several appeals and appeals, the tribunal confirmed the expulsion of the nun on January 26, 2008. The article also discusses the possibility of revoking an administrative act without the consent of the competent authority and mentions the confusing actions of the Superior General in the case. A definitive conclusion is not reached in the article. [Extracted from the article]
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- 2024
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7. Tribunal del Dicasterio para la Doctrina de la Fe.
- Author
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TESTA BAPPENHEIM, Stefano
- Subjects
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ADMINISTRATIVE remedies , *ADMINISTRATIVE acts , *POPES , *FAITH , *REFORMS - Abstract
The article is about the Tribunal of the Dicastery for the Doctrine of the Faith and its competence in doctrinal, disciplinary, and matrimonial matters. It mentions the reforms carried out by several popes, including the change of name from Congregations to Dicasteries. It also discusses the canonical legislation related to offenses reserved to the exclusive competence of the Holy See and the Congregation for the Doctrine of the Faith, as well as the attribution and mandate of the Pope in relation to the judgment of these offenses. It mentions the existence of a special college within the Congregation for the Doctrine of the Faith that is responsible for judging appeals against administrative acts issued by the Congregation in cases of serious offenses. [Extracted from the article]
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- 2024
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8. CRÒNICA LEGISLATIVA DE CATALUNYA: Segon semestre de 2023: "S'entreveuen brots verds plurilingües a l'Estat".
- Author
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Ridao i Martín, Joan
- Subjects
CATALAN language ,LINGUISTICS education ,ADMINISTRATIVE acts ,LEGAL rights ,MULTILINGUALISM - Abstract
Copyright of Journal of Language & Law / Revista de Llengua i Dret is the property of Revista de Llengua i Dret 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
- 2024
- Full Text
- View/download PDF
9. Anforderungen an Strukturmerkmale für Schlaganfallstation (OPS 8-981.2).
- Subjects
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STROKE units , *MEDICAL care , *JUDICIAL process , *ADMINISTRATIVE acts , *PERIODIC health examinations - Abstract
The article describes the requirements for structural features for stroke units according to the Operation and Procedure Key (OPS) 8-981.2. Hospitals must meet these structural features and have them assessed by the Medical Service before they can bill for corresponding services. The structural features are met if there is a cooperation agreement with a stroke unit that can perform thrombectomies and intracranial procedures. A concrete example of such cooperation is mentioned in the article. With the decision of November 29, 2021, the certification of the structural features of OPS 9-891.2 was rejected. The justification states that certain requirements, such as the presence of a doctor for 24 hours, the availability of certain medical examinations and treatment options, were not met. The clinic has filed an objection and requested a repeat examination. It was found that the cooperation agreement and the concept for transferring patients do not meet the requirements. The objection was rejected and the clinic has filed a lawsuit. Finally, a cooperation agreement was concluded with the University Hospital SH. The admitting hospital independently performs thrombectomies and/or intracranial procedures as well as comprehensive medical care for patients, regardless of the medical conditions and requirements. The duration of treatment varies depending on individual circumstances. The cooperation agreement between the hospital and a stroke unit ends on December 31, 2022. The Social Court of Hamburg has referred the legal dispute to the Social Court of Munich. The lawsuit of a clinic for the determination of the fulfillment of the structural features for the stroke unit was successfully filed. The structural features include a department of neurology, a cooperation agreement with a stroke unit, and a concept for transferring patients with an indication for thrombectomy. The text deals with the legal binding of a cooperation agreement in the healthcare sector. It emphasizes that an agreement on the essential components is necessary for a contract and that the intention to be legally bound must be present. The Federal Social Court has determined that a cooperation partnership must not only be actually provided, but also legally solidified. It is pointed out that the essential components of a cooperation agreement for the performance of certain medical procedures have been proven. It is also noted that OPS 8-981.2 does not require a more extensive design of the cooperation relationships and that written form is not required for the cooperation agreement. The proof of the cooperation agreement can be provided retrospectively in the judicial process. The article deals with the legal assessment of an administrative act in connection with an obligation lawsuit. It is stated that the decisive point in time for assessing the legality of an administrative act is the last oral hearing in the last instance of fact. It is also noted that the transmission of personal and facility-related data to the Medical Service within the framework of a judicial procedure is not hindered by the obligation according to § 275d para. 1 sentence 3 SGB V. Furthermore, it is explained that the guideline of the Medical Service of the Umbrella Associations of Health Insurance Funds does not exclude the retroactive submission of structural features. [Extracted from the article]
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- 2024
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10. HALTING ADMINISTRATIVE ACTION IN THE SUPREME COURT.
- Subjects
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GOVERNMENT agencies , *INJUNCTIONS , *ACTIONS & defenses (Law) , *APPELLATE courts , *ADMINISTRATIVE acts - Abstract
The article delves into the complex terrain of legal battles involving federal agencies, exploring the nuanced dynamics between litigants and regulatory bodies. It scrutinizes the absence of a clear standard set by the Supreme Court for determining whether agency regulations should remain intact during litigation. It juxtaposes the traditional standards for granting stays and injunctions, dissecting their applicability in the context of challenges to agency actions.
- Published
- 2024
11. Impacts of Tourism on Land Occupation Models. Anapoima, Colombia.
- Author
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BOLAÑOS-NARVÁEZ, YEINER, ERNESTO FRANCEL-DELGADO, ANDRÉS, and AUGUSTO KAFFURE-RUIZ, CARLOS
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TOURISM impact ,SUSTAINABLE development ,HOME ownership ,SUSTAINABLE tourism ,ADMINISTRATIVE acts - Abstract
Tourism has impacts on the way territories develop, primarily driven by uses associated with the ownership of a second home or the creation of recreational spaces that do not directly benefit the native population but rather cater to tourists. In the areas surrounding Bogotá, the planning instruments of medium and small municipalities lack the basic criteria to address a balance between economic development and sustainable land use. This prompted an investigation focused on documentary analysis, cartography, construction permits, administrative acts, regulations, and field observations. The impacts on territorial occupancy related to tourism development in Anapoima were identified, and recommendations were formulated to improve living conditions resulting from the sustainable tourism development in the municipality. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
12. Strategic avoidance and rulemaking procedures.
- Author
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Bils, Peter, Carroll, Robert J., and Rothenberg, Lawrence S.
- Subjects
- *
SKEPTICISM , *ADMINISTRATIVE acts , *ADMINISTRATIVE procedure - Abstract
Informal, 'notice-and-comment', rulemaking is the prototypical mechanism employed by US regulators. However, agencies frequently claim their actions exempt from the process, and courts typically agree. Agencies thus face an important strategic choice between informal rulemaking and avoidance. To study this choice, we analyze a model of rulemaking with exemption and empirically analyze agency avoidance. Our model implies that more biased agencies engage in less avoidance, as they face more skepticism from the courts and, thus, require support from group comments to have their rules upheld. Empirically, we find support for this prediction. As for policy implications, we show it is more beneficial to allow exemptions when the agency is more biased. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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13. Contenciosul urbanismului. Caracteristici ale evoluției jurisprudenței.
- Author
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TOFAN, Dana Apostol
- Subjects
URBAN planning ,ADMINISTRATIVE courts ,ADMINISTRATIVE acts ,JURISPRUDENCE ,ACTIONS & defenses (Law) - Abstract
The article presents the evolution of urban planning litigation, which is increasingly developed, especially since the entry into force of the Administrative Litigation Act no. 554/2004. From a relatively timid beginning with actions regarding building permits, continuing with actions regarding urban planning certificates, the jurisprudence has considerably evolved towards actions in canceling some urban planning documentation. Currently, the jurisprudence of administrative litigation courts usually includes actions against detailed urban planning plans, zonal urban planning plans, even against general urban planning plans. The urban planning code, whose project is still under debate in the Chamber of Deputies, is hoped to contribute over time to the improvement of urban planning litigation thrO.U.G.h its content that aims to systematize, unify and simplify the legislation in this matter. [ABSTRACT FROM AUTHOR]
- Published
- 2024
14. EL TRIBUNAL SUPREMO CAMBIA SU JURISPRUDENCIA SOBRE EL CONOCIDO COMO «DOBLE TIRO»: SSTS DE 3 Y 5 DE ABRIL DE 2024, RECS. NÚM. 8287/2022 Y 96/2023.
- Author
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Martínez de Velasco, Joaquín Huelin
- Subjects
LEGAL judgments ,APPELLATE courts ,ADMINISTRATIVE acts ,CONSTITUTIONAL courts ,DECISION making ,CLOSED-end funds - Abstract
Copyright of Revista Técnica Tributaria is the property of Asociacion Espanola de Asesores Fiscales 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
- 2024
- Full Text
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15. TÜRK İDARE HUKUKUNDA YETKİ DEVRİ KAVRAMI.
- Author
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Acun, Barış
- Subjects
ADMINISTRATIVE acts ,DELEGATION of authority ,ADMINISTRATIVE law ,PUBLIC law ,LEGAL authorities ,SMOKING cessation - Abstract
Copyright of Kırıkkale Law Journal (KLJ) is the property of Kirikkale Law Journal 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
- 2024
- Full Text
- View/download PDF
16. Bewertung eines GmbH-Anteils mit stark disquotal ausgestalteten Rechten; Vertrauensschutz hinsichtlich der Bewertung von Sachzuwendungen.
- Subjects
VALUATION of corporations ,TAX courts ,ADMINISTRATIVE acts ,BURDEN of proof ,INCOME tax ,COLLEGE trustees - 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
- 2024
- Full Text
- View/download PDF
17. A MOSAIC APPROACH FOR CHALLENGING SEC CRYPTO REGULATION: THE MAJOR QUESTIONS DOCTRINE AND STAFF ACCOUNTING BULLETIN 121.
- Author
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DAYE, MEGAN and VERRET, J. W.
- Subjects
ADMINISTRATIVE procedure ,ADMINISTRATIVE acts ,ACCOUNTING fraud ,SECURITIES industry laws ,CRYPTOCURRENCIES ,GOVERNMENT agencies ,ACCOUNTING - Abstract
The regulatory scheme for the crypto industry can be described as uncertain, at best. The lack of regulatory clarity and agency overreliance on enforcement actions in the place of proper rulemaking will stifle the industry in U.S. markets. The SEC's haphazard regulatory approach has created more questions and uncertainty. Staff Accounting Bulletin 121 ("SAB 121") is a prime example of how the SEC's desperate grasp for regulatory authority implicates the major questions doctrine and the Administrative Procedures Act. This Article analyzes current crypto litigation alongside SAB 121. It identifies a pattern of circumventing the Administrative Procedures Act and violations of the major questions doctrine in crypto actions taken by the SEC. This Article concludes that the current regulatory approach will likely cause irrevocable harm to the crypto industry and procedures under the Administrative Procedures Act. Judicial intervention is required, but piecemeal litigations pose a further risk to the industry. Courts should review and understand the entire regulatory scheme, not just the coin or regulation at issue, to fully appreciate the major questions doctrine and procedural implications posed by agencies in their rushed and ineffective approach to regulating the crypto industry. [ABSTRACT FROM AUTHOR]
- Published
- 2024
18. SOME CONSIDERATIONS REGARDING CCR DEC. NO. 364/2022.
- Author
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CLIZA, Marta-Claudia
- Subjects
PLAGIARISM ,ADMINISTRATIVE acts ,ADMINISTRATIVE law ,PHYSICIANS ,TRIALS (Civil rights) - Abstract
The issue of plagiarism has raised many theoretical and practical discussions. Also, the legal basis was not clear enough and certain misunderstandings have created the premises for losing the title of doctor. Arrived in court, the trials were judged differently. In 2022, CCR pronounced dec. no. 364, one of the clearest decisions of the court, and the issue was settled in a transparent manner. The current study will analyse the implications of this decision. [ABSTRACT FROM AUTHOR]
- Published
- 2024
19. GUARANTEES EQUIVALENT TO THE RIGHT TO A FAIR TRIAL IN THE MATTER OF CHALLENGES TO THE WITHDRAWAL OF SECURITY CERTIFICATES ISSUED BY THE OFFICE OF THE NATIONAL REGISTER OF STATE SECRET INFORMATION.
- Author
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COSTEA, Monica Cristina
- Subjects
PLAGIARISM ,ADMINISTRATIVE acts ,ADMINISTRATIVE law ,PHYSICIANS ,TRIALS (Civil rights) - Abstract
Documents of a classified nature may be of a contentious nature, the paper focusing on those concerning the service relationships of active officers. In the event of a dispute arising, the question arises as to the extent to which a plaintiff is able to mount an effective defence if he cannot know their content and whether he can be granted guarantees equivalent to respect for the right to a fair trial. Restricting the lawyer's access to important documents in a case affects to a large extent the represented party. In the European countries, the situation regarding conditional access to classified documents from the point of view of lawyers and parties against whom such documents are issued is similar, in that it is recognised that the principle of adversarial proceedings and the rights of the defence must be limited because of the need to protect national security. From a procedural point of view, it is important that the general principles of adversarial proceedings, equality, orality, non-disclosure and publicity are respected in every dispute. In this context, noting the difficulties that arise in the work of the court due to restricted access to classified documents, I have tried to identify guarantees equivalent to respect for the right to a fair trial in the cases referred to in the title of the paper, analysing national case law, that provided by the ECtHR and studies of doctrine. In accordance with these, I have developed equivalent guarantees compatible with Romanian law: the possibility of challenging the classification of the document, the request for declassification of classified information, the right of the interested party to be assisted by an ORNISS-certified lawyer and the possibility for the accused to participate in proceedings which reveal the content of classified documents. [ABSTRACT FROM AUTHOR]
- Published
- 2024
20. Rentenversicherung.
- Subjects
- *
ADMINISTRATIVE acts , *VOCATIONAL rehabilitation , *DISMISSAL & nonsuit , *SOCIAL norms , *STATE courts - Abstract
The article deals with a case before the State Social Court of Lower Saxony-Bremen, in which a plaintiff is demanding a higher qualification group and higher transitional benefits for a vocational rehabilitation program. The plaintiff has completed training as a bookbinder and argues that, due to his skills and knowledge, he has held positions that are normally carried out by a master bookbinder. The court dismissed the claim and determined that the plaintiff is assigned to qualification group 3 based on his formal vocational training certificate. In another case, the State Social Court ruled that a shareholder-managing director of a tax consulting company was subject to compulsory insurance as an accountant. It is emphasized that a shareholder-managing director must have comprehensive influence on the company's business activities in order to be considered self-employed. Finally, it is stated that certain administrative acts do not establish legal protection and that a determination of compulsory insurance can only be made through a separate administrative act. [Extracted from the article]
- Published
- 2024
21. Anforderungen an Rechtsverordnungen zur Einrichtung einer Waffenverbotszone.
- Author
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Ebert, Frank
- Subjects
- *
ADMINISTRATIVE courts , *ADMINISTRATIVE acts , *ADMINISTRATIVE procedure , *STATE courts , *WEAPONS - Abstract
The Higher Administrative Court of the State of Saxony-Anhalt has declared the regulation of the Police Inspection Halle on the establishment of a weapons-free zone in A-City invalid. The regulation exceeds the content and scope of the authorizations according to § 42 (5) and (6) of the Weapons Act. However, the jurisdiction of the Police Inspection Halle to issue the regulation was confirmed. It is also stated that the regulation was properly announced, but may not meet the requirements of customary publication. The text describes the legal basis for official measures taken on the basis of a statutory instrument. It is explained that prohibitions or restrictions on weapons according to § 42 (5) and (6) of the Weapons Act must be implemented both at the level of the regulation and at the level of enforcement in the form of an administrative act. The implementation of such measures can lead to difficulties as they require a proper administrative procedure. [Extracted from the article]
- Published
- 2024
22. REASONING: THE REQUIREMENT TO DISCLOSE THE REASON OF AN ADMINISTRATIVE ACT TO THE CONCERNED PARTY.
- Author
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BOULANGER, Özge Didem
- Subjects
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ADMINISTRATIVE acts , *LEGAL remedies , *DELEGATED legislation , *JUDICIAL review , *ADMINISTRATIVE assistants - Abstract
The requirement for administrative acts to be reasoned is a fundamental principle of the rule of law. The reasoning serves as a form of validation that the individual's rights against the governing authorities. Additionally, there are numerous benefits to individuals being aware of the reasons behind the actions taken concerning them. The reasoning informs individuals about decisions affecting them while also facilitating the self-regulation of the administration, as careful scrutiny of the underlying events during the drafting of the reasoning helps prevent administrative errors. Moreover, reasoning aids in the exercise of the right to defense by guiding individuals on which legal remedies to pursue and for what motives. Furthermore, reasoning is crucial during judicial reviews. Primarily, it allows the individuals of administrative acts to decide whether to initiate legal proceedings, and it enables judicial bodies to conduct more effective reviews on administrative decisions. The importance of reasoning is particularly pronounced when the administration exercises its discretionary power, as the reasons behind administrative actions become concrete through reasoning. Additionally, reasoning increases participation, as individuals who understand the reasons behind an administrative act are more likely to comply with its requirements. Reasoning also supports administrative legitimacy, as administrative officials remain democratically legitimate as long as they seek to fulfill the collective desires of citizens. [ABSTRACT FROM AUTHOR]
- Published
- 2024
23. DISCRETION GONE TOO FAR? THE ROLE OF PUBLIC COMMENTING IN REGULATORY RULEMAKING.
- Author
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Penrod, Charlie and Atkinson, Christopher L.
- Subjects
DISCRETION ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure ,ADMINISTRATIVE discretion (Law) ,PUBLIC works ,CHEVRON USA Inc. v. Natural Resources Defense Council Inc. - Abstract
This article explores administrative discretion in the United States government, examining how agencies strive to implement legislative intent within a given framework of law. The exercise of expertise is accompanied by a modicum of discretion, but also presents the risk of bureaucratic overreach. After a discussion of the administrative role, the article explores the concerns that exist following Chevron USA, Inc. v. National Resources Defense Council.1 The greatest base of strength for unelected rulemaking remains entrenched in the Administrative Procedure Act. Therefore, endeavors aimed at enhancing harmony between legislative intent and program implementation should strategically leverage notice-and-comment procedures. Transparency in such measures may reduce the considerable lack of trust that exists in public discourse and work toward minimizing the political gamesmanship that undermines both effective lawmaking and accountability in program implementation. [ABSTRACT FROM AUTHOR]
- Published
- 2024
24. ДО ПИТАННЯ ПРО ПРАВОВЕ РЕГУЛЮВАННЯ АДМІНІСТРАТИВНИХ ПРОЦЕДУР НА ПРИКЛАДІ ЗАРУБІЖНИХ КРАЇН.
- Author
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М. В., Гаріфуллін
- Subjects
ADMINISTRATIVE procedure ,DELEGATED legislation ,ADMINISTRATIVE acts ,OBEDIENCE (Law) ,PUBLIC administration - Abstract
The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and peculiarities of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed. Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered. The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act. The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
25. SPECIFICUL NULITĂȚII ACTELOR DE PROCEDURĂ FISCALĂ (II).
- Author
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POPESCU, EMILIAN-FLORIA
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law ,BUSINESS communication ,TAX laws ,DELEGATED legislation - Abstract
The second part of the topic generated by the approach to the specifics of the nullity of the fiscal procedure acts, as they were delimited in the first part, is intended for the application of the annulment cases, delimited, in particular, by the French doctrine of administrative law, to the fiscal administrative act. Beforehand, there are required references to the problems generated by the approaches from the French doctrine aimed at identifying the generic cases of annulment in relation to the way in which nullity is regulated in the rules of the Fiscal Procedure Code. In the context of the discussions concerning the relative nullity, the correct relationship between the notions of „nullity”, „annulability” and „annulment” must be clarified. Thus, in the comments concerning Article 49 of the Fiscal Procedure Code, differentiating between nullity and annulability, in the claim that the latter would constitute the „attribute” of the administrative acts affected by flaws of unlawfulness arising from the non-compliance with some validity conditions of lesser importance, it is evoked the thesis of the supporters of the presence of relative nullity including in the matter of administrative acts. However, the relative nullity is not compatible with the public interest on the basis of which any rule of administrative law is enacted. In order to avoid any confusions, the term „nullity” must denote the organic state of the act affected by serious defects of unlawfulness arising from the non-compliance with the conditions of validity specific to each category of legal acts, the term „annulability”, particularized, as a rule, in the wording „are annulable”, must be used to denote virtual nullities, and the word „annulment”, only to evoke the approach of the authorities to proceed with the annulment of legal acts affected by the flaws/defects of unlawfulness likely to generate their nullity. Given that, in the tax law doctrine, there are opinions evoking the support for the theory of the presence of legal non-existence and of relative nullity, it must be checked to what extent they can find their place in the matter of fiscal administrative acts. Although the doctrine in the matter contains tangential references to the non-existence, when commenting on the fiscal procedural texts referring to the communication of the fiscal administrative act, there is no regulation that expressly refers to the non-existence of such acts, as the legislator proceeded when specifying the sanction applicable to some administrative acts (the decisions and ordinances of the Government, as well as the decisions of the Prime Minister) not published in the Official Gazette of Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2024
26. A PRESUNÇÃO DE VERACIDADE DOS ATOS DA ADMINISTRAÇÃO PÚBLICA E O ÔNUS PROBATÓRIO NO PROCESSO ADMINISTRATIVO AMBIENTAL.
- Author
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Vinicius Kaiser, Mateus, Malinverni da Silveira, Clóvis Eduardo, and Borges Kowarick, Tânia Coelho
- Subjects
- *
PRESUMPTION of innocence , *BURDEN of proof , *ADMINISTRATIVE acts - Published
- 2024
- Full Text
- View/download PDF
27. FUNDAMENTOS EPISTEMOLÓGICOS DEL AUTOCONTROL ADMINISTRATIVO PRESENTES EN LA TOMA DE DECISIONES DEL GERENTE PÚBLICO.
- Author
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ECHENAGUCIA PÉREZ, ENRIQUE RAFAEL
- Subjects
- *
MENTAL work , *LEGAL norms , *ADMINISTRATIVE acts , *PUBLIC administration , *ADMINISTRATIVE law , *RULE of law - Abstract
The possibility of applying controls on public management is based on the principle of legality, and by regulating the exercise of power it allows laying the foundations of the Rule of Law in democratic systems; However, the atypical functioning of the venezuelan public administration currently shows that various controls whose origin rests on legal norms have been surpassed by reality. By virtue of this, the objective of this argumentative essay, through the application of the hermeneutic method, seeks to identify the epistemological foundations of administrative self-control with the intention of understanding its influence on the decision-making of the public manager as an intellectual activity. Finally, it is concluded that by properly establishing administrative self-control with strict subjection to what is established in the Constitution, laws and administrative acts of a regulatory nature, it is possible to channel the conduct of the public manager and improve administrative practices. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. LA DESVIACIÓN DE PODER COMO CAUSAL DE NULIDAD DE LOS ACTOS ADMINISTRATIVOS: TRATAMIENTO CONCEPTUAL Y PROCEDIMENTAL EN COLOMBIA, ESPAÑA Y PERÚ.
- Author
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Correa Zúñiga, César Luis
- Subjects
- *
ADMINISTRATIVE acts , *PUBLIC administration , *PUBLIC interest , *ACHIEVEMENT motivation - Abstract
The nullity of administrative acts becomes a power held by the public administration either through a request by a party via a challenge or ex officio with the purpose of rendering administrative acts that contain a defect without effect as long as their rectification is not allowed or conservation. In the present case, the misuse of power in appearance becomes a lawful act, however, the issuing agent uses said appearance to satisfy either personal interests directly or indirectly, with which the administrative act ends up being a motive for the achievement of an illegal purpose, using the position he holds, thus contravening the general interest. For this reason, it's necessary to study its nature, conceptual and procedural treatment in order to determine if it allows its detection or, on the contrary, if other measures are required to warn of the production of actions that transgress the public purpose that comes with the issuance of administrative acts. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
29. Hungarian administrative processes in the digital age: An attempt to a comprehensive examination.
- Author
-
Csatlós, Erzsébet
- Subjects
- *
DIGITAL technology , *PUBLIC services , *HABIT , *ADMINISTRATIVE acts , *ADMINISTRATIVE procedure , *SUSTAINABLE development - Abstract
In a world of sustainable development where digitalisation is among the priorities of all states, the question arises how digital Hungarian public administrative procedure is. The study aims to give an overall insight into the state of affairs in Hungary in individual cases and explore the level of digitalisation by exploring statistics on the clients’ habits on the usage of the available digital public service on one hand, just to see how it appears in their everyday, and the level of automatisation in decision-making on the other, from the aspect of the authority. As a result, when assessing the extent of digital public services in Hungary, the focus tends to concentrate on levels 1–3, and possibly level 4, of digital public services according to a five-stages chart settled as a goal by the European Union in 2002 and also used as reference in the Hungarian Act on e-public administrative services. Numbers demonstrate that the utilization of digital public services, despite their availability, is not as widespread among people as it could be. Also, the study enumerates the emergence of automated decision-making by establishing categories based on the examples found in the very few normative regulations to offer a picture of the status of digitalisation of the Hungarian administrative proceedings. While complete automation is still a distant goal, rapid technological advancements and innovations are pushing the legal framework to keep up. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. Developments in Interstate Compact Law and Practice 2023.
- Author
-
Litwak, Jeffrey B. and Koepke, Elise
- Subjects
- *
INTERSTATE agreements , *LAW reports, digests, etc. , *JURISDICTION , *LEGISLATION , *ADMINISTRATIVE acts - Abstract
The article focuses on the recent developments in interstate compact law and practice in the year 2023. It discusses significant judicial, administrative, and legislative developments, including court decisions, administrative actions, and legislative highlights related to interstate compacts. It highlights key legal principles, jurisdictional issues, and the implications of these developments on interstate cooperation and governance.
- Published
- 2024
31. O scurtă analiză a modificărilor aduse de Legea nr. 102/ 2023 în materia suspendării executării actelor administrative.
- Author
-
MARIN, Eugenia
- Subjects
URBAN planning ,ADMINISTRATIVE acts ,CITIES & towns ,LIMITATION of actions ,ACTIONS & defenses (Law) - Abstract
The study aims to analyze, as its title suggests, the recent changes on the institution of the suspension of the execution of administrative acts, carried out by Law no. 103/2023. The new regulation establishes certain terms for formulating the request for suspension, covering both hypotheses, both that of the suspension based on art. 14, as well as the one based on art. 15 of Law no. 554/2004 of the administrative litigation. The newly consecrated regulations do not refer to the matter of urban planning, so I have drawn attention to this aspect, as well as to the fact that, in our opinion, it would be right as in the case of administrative acts issued in the field of urbanism, special rules should be established both regarding the way in which suspension of these acts can be obtained, as well as regarding the actions in cancellation, to be completed with the general rules regulated in Law no. 554/2004. In the conditions in which an Urbanism Code is being adopted, we recommend that our proposal to be seen, along with the consecration of some solutions through which it will be tranche and the role that interested social bodies can have in complying with the legislation in the subject of urban planning. [ABSTRACT FROM AUTHOR]
- Published
- 2024
32. SOME CONSIDERATIONS REGARDING DECISION NO. 364/2022 OF THE CONSTITUTIONAL COURT OF ROMANIA.
- Author
-
CLIZA, Marta-Claudia
- Subjects
LEGAL judgments ,CONSTITUTIONAL courts ,COURTS of special jurisdiction ,TRIALS (Law) ,PLAGIARISM ,ADMINISTRATIVE acts ,COURTS - Abstract
The issue of plagiarism has raised many theoretical and practical discussions. Also, the legal basis was not clear enough and certain misunderstandings have created the premises for losing the title of doctor. Arrived in court, the trials were judged differently. In 2022, the Constitutional Court pronounced Decision no. 364, one of the clearest decision of the court, and the issue was settled in a transparent manner. The current study will analyze the implications of this decision. [ABSTRACT FROM AUTHOR]
- Published
- 2024
33. CUESTIONES SOBRE LA EJECUCIÓN FORZOSA DE LOS ACTOS ADMINISTRATIVOS.
- Author
-
LLOP, JAVIER BARCELONA
- Subjects
ADMINISTRATIVE acts ,PUBLIC administration ,LEGAL judgments ,PAYMENT - Abstract
Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales 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
- 2024
- Full Text
- View/download PDF
34. LA EJECUCIÓN TRANSFRONTERIZA DE LAS SANCIONES ADMINISTRATIVAS DE TRÁFICO.
- Author
-
BALLESTEROS PANIZO, COVADONGA ISABEL
- Subjects
FREE enterprise ,EUROPEAN integration ,DAMAGES (Law) ,JUDGE-made law ,ADMINISTRATIVE acts - Abstract
Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales 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
- 2024
- Full Text
- View/download PDF
35. RELACIÓN CONCLUSIVA.
- Author
-
CHINCHILLA MARÍN, CARMEN
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law ,JUDGES ,PUBLIC administration ,LEGISLATIVE reform ,SELF-help techniques ,LEGISLATIVE voting - Abstract
Copyright of Revista de Administración Pública is the property of Centro de Estudios Politicos y Constitucionales 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
- 2024
- Full Text
- View/download PDF
36. ANÁLISE DA INFLUÊNCIA DE RESTRIÇÕES E DECRETOS MUNICIPAIS NA EVOLUÇÃO ESPAÇO-TEMPORAL DA COVID-19 EM RIO GRANDE (RS).
- Author
-
de Souza Cadaval, Suelen, do Amaral Ribeiro, Júlia Nyland, de Oliveira Claro, Carolina Larrosa, and Neves Meneses, Michele
- Subjects
SCIENCE education ,CITY halls ,COVID-19 pandemic ,GOVERNMENT programs ,COVID-19 - Abstract
Copyright of Revista Tamoios is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) 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
- 2024
- Full Text
- View/download PDF
37. НАЧЕЛО ЗАКОНИТОСТИ УПРАВЕ.
- Author
-
Рапајић, Милан and Логарушић, Дејан
- Subjects
APPLICABLE laws ,ADMINISTRATIVE law ,ADMINISTRATIVE acts ,LEGAL compliance ,PUBLIC law - Abstract
Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis 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
- 2024
- Full Text
- View/download PDF
38. Tendencias en derecho administrativo: el control judicial sobre el derecho blando producido en ejercicio de la función administrativa.
- Author
-
Fernanda Murillo-Ortiz, Luisa and Rene Gamba-Hurtado, Harold
- Subjects
SOFT law ,ADMINISTRATIVE acts ,JURISPRUDENCE ,QUALITATIVE research - 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
- 2024
- Full Text
- View/download PDF
39. EL DERECHO A LA VIVIENDA: UN TERRIBLE DERECHO. PROBLEMÁTICA DE SU DIMENSIÓN OBJETIVA EN LA LEY POR EL DERECHO A LA VIVIENDA.
- Author
-
GAVARA DE CARA, JUAN CARLOS
- Subjects
HOUSING ,HOUSING development ,GOVERNMENT policy ,ADMINISTRATIVE acts ,LEGAL judgments - Abstract
Copyright of Revista de Derecho Politico is the property of Editorial UNED 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
- 2024
- Full Text
- View/download PDF
40. OS MODAIS DEÔNTICOS E O PRINCÍPIO DA AUTOTUTELA NA RESTITUIÇÃO DE TRIBUTOS FEDERAIS.
- Author
-
Cabral de Freitas, Felipe
- Subjects
ADMINISTRATIVE acts ,PUBLIC administration ,ADMINISTRATIVE law ,CIVIL rights ,PUBLIC interest - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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
- 2024
- Full Text
- View/download PDF
41. WYMOGI I UCHYBIENIA ZWIĄZANE Z OZNACZENIEM STRONY DECYZJI W OGÓLNYM POSTĘPOWANIU ADMINISTRACYJNYM.
- Author
-
Śladkowska, Ewa
- Subjects
ADMINISTRATIVE acts ,LEGAL judgments ,IMPERFECTION - Abstract
Copyright of Annuals of the Administration & Law / Roczniki Administracji i Prawa is the property of Oficyna Wydawnicza Humanitas 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
- 2024
- Full Text
- View/download PDF
42. Versorgung.
- Subjects
- *
VACCINATION complications , *LEGAL documents , *INFLUENZA vaccines , *ADMINISTRATIVE acts , *DISMISSAL & nonsuit , *FREEDOM of association - Abstract
The article deals with a legal dispute regarding the reduction of the degree of disability (GdB) of a plaintiff to below 50. The social court decided partially in favor of the plaintiff, but partially overturned the defendant's decision. The plaintiff filed an appeal, which was dismissed as unfounded. The text also describes the legal provisions for the revocation of an administrative act with lasting effect and the determination of the GdB according to § 152 paragraph 1 sentence 1 of the SGB IX. Furthermore, the article discusses the case of a plaintiff who applied for recognition of multiple sclerosis (MS) as a vaccine injury and disability compensation. The district commission for the recognition of health damage as a result of vaccination rejected the recognition of a connection between the influenza vaccination and the occurrence of MS. Therefore, the defendant rejected the recognition as a vaccine injury. Finally, the article addresses constitutional concerns regarding the application of § 2b paragraph 1 sentence 2 no. 3 BEEG, which were dismissed by the court. [Extracted from the article]
- Published
- 2024
43. DO PRAZO PARA INVALIDAÇÃO DE ATOS ADMINISTRATIVOS PELA ADMINISTRAÇÃO PÚBLICA.
- Author
-
Vinicius de Moura, Allan
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law ,FEDERAL laws ,CIVIL code ,PUBLIC administration - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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
44. Comentario a la STC 194/2013, de 2 de diciembre de 2013.
- Author
-
Perrote, Ignacio García
- Subjects
DISSENTING opinions (Law) ,ADMINISTRATIVE acts ,ADMINISTRATIVE remedies ,CONSTITUTIONAL courts ,JURISDICTION - Abstract
Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. 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
45. Responsabilidad estatal por daños generados en sede de medidas cautelares y cómputo de la caducidad.
- Author
-
Techera Tealdi, Lucía and Santo, Mariana
- Subjects
- *
DAMAGES (Law) , *LEGAL judgments , *ADMINISTRATIVE acts , *GOVERNMENT liability , *DAMAGE claims - Abstract
The article analyzes state responsibility for damages generated in the context of precautionary measures and the calculation of expiration. It highlights a case in which the Central Bank of Uruguay requested precautionary measures against several defendants and, after 14 years of trial, some defendants were acquitted of liability and filed a lawsuit for damages against the State. It is argued that the repair of damages caused by a precautionary measure is only enforceable after a final judgment is issued in the main process dismissing the claim of the promoter of the precaution. Additionally, the possibility of claiming compensation for damages caused by administrative acts after obtaining an annulment judgment is addressed. [Extracted from the article]
- Published
- 2023
- Full Text
- View/download PDF
46. TRAINING ON DOMESTIC VIOLENCE. LESSONS LEARNED FROM UKRAINE.
- Author
-
BUCIUNAS, Gediminas and LARKIO, Jukka
- Subjects
DOMESTIC violence ,ADMINISTRATIVE acts ,CRIMINAL act ,CRIMINAL codes - Abstract
The authors of this article analyze some aspects of delivering training on domestic violence designed mostly for Ukraine's National police first response teams, namely: how to approach potential places of commission domestic violence actions for which can be apply a criminal act or an administrative offense according to article 1261 of a Criminal Code of Ukraine, and article 1732 on an Administrative Offences of Ukraine. The authors of this research paper share their personal experiences, remarks on issues related to the selection of participants for such type of training, the structure of the training, the main moto of this training, adoption of a training module on domestic violence to the needs of practitioners. Also, the authors present in this paper remarks observed during training, especially during the practical part provided by them in Ukraine. It allows to identify main mistakes done by police first response teams during improvised domestic violence scenes with usage of actors, dogs, fake light guns, stiletto knife, and fake grenade toy and take proper measures to improve the readiness of police first response teams to cope with challenges during performance assigned duties. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
47. DE NUEVO SOBRE LA SUSPENSIÓN DE LA EJECUTIVIDAD DEL ACTO ADMINISTRATIVO DE NATURALEZA TRIBUTARIA.
- Author
-
Iglesias Caridad, Marcos
- Subjects
ADMINISTRATIVE acts ,ADMINISTRATIVE law ,TAXATION ,FINANCIAL institutions ,BANKING industry - Abstract
Copyright of Crónica Tributaria is the property of Instituto de Estudios Fiscales, Ministerio de Hacienda y Funcion Publica 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
48. The enigma of recognition of administrative acts issued by non-recognised regimes.
- Author
-
HANDRLICA, Jakub, PROKOPOVÁ, Gabriela, SERHIICHUK, Liliija, and SHARP, Vladimír
- Subjects
ADMINISTRATIVE acts ,DRIVERS' licenses ,DIPLOMAS (Education) ,RECOGNITION (Philosophy) ,CURIOSITIES & wonders ,STATE universities & colleges - Abstract
The emergence of several non-recognised regimes on the periphery of Europe implies a myriad of challenges in law. Despite an absence of international recognition for these regimes, they produce their own law and, at the same time, apply and enforce these laws within their territory. With regard to the application of the law, as established by these non-recognised regimes, the question of potential recognition arises. Will a driving licence, issued by the State Palestine, gain any legal effects in those States that haven't yet recognised Palestine as an independent entity? Is a university diploma, issued by the Abkhaz State University, recognised abroad, even though a recognition of Abkhazia is absent? Can a refugee demonstrate his identity by an official document, issued by the Lugansk or Donetsk Peoples Republics? This paper aims to offer a solution to answer these topical, albeit so far virtually unexplored, questions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
49. CLASAREA ȘI DECLASAREA MONUMENTELOR ISTORICE. ANULAREA ACTULUI ADMINISTRATIV DE CLASARE ÎN PROCEDURA CONTENCIOSULUI ADMINISTRATIV.
- Author
-
GIDRO, DOMINIC-ALEXANDRU and GIDRO, STANCA-IOANA
- Subjects
MONUMENTS ,HISTORIC buildings ,ADMINISTRATIVE acts ,ADMINISTRATIVE procedure - Abstract
The procedure for classifying a historical monument is the procedure by which a building is classified as such and placed in the categories provided for by the Law No 422/2001 on historical monuments. The normative act regulates both the way of ranking, i.e. the inclusion of a building in the list of historical monuments, and the way of declassification, i.e. the removal of a building from this list. The list of historical monuments can be found on the website of the Ministry of Culture, and it is divided by each county in Romania. It is, in theory, periodically updated, depending on the proposals for the classification or declassification of the historical monument. The last update was made by Order of the Minister of Culture and Religions No 2828/2015 regarding the amendment of the Order No 2314/2004 regarding the List of Historical Monuments. The classified buildings are entered in the list with a personal identification code, expressly mentioning the concrete address of each one. Although, apparently, all the buildings provided in this list have been classified correctly, there are many situations in which either errors are made regarding the administrative number in which the building in the list is located, or the building itself does not fall into the category of historical monuments, as defined by the Law No 422/2001. In such a situation, the removal of a building from the list of historical monuments can be carried out within an administrative procedure, at the proposal of the County Departments of Culture or, otherwise, through an action in administrative litigation seeking to annul the administrative act by which the classification of the building was approved. In the present study, we will briefly analyze the classification and declassification procedure of historical monuments, making direct reference to a concrete case in which an error was made regarding the registration of two buildings on the list of historical monuments. [ABSTRACT FROM AUTHOR]
- Published
- 2023
50. A IMPORTÂNCIA DA GESTÃO PÚBLICA: NO BRASIL E NOS MUNICÍPIOS.
- Author
-
Guimarães Pionório Freire, Iuri
- Subjects
PUBLIC administration ,ADMINISTRATIVE acts ,SUSTAINABLE development ,SOCIAL context ,PUBLIC policy (Law) - Abstract
Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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
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