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After being founded in 1963, the Fédération Sportive des Handicapés Physiques de France (FSHPF) began a timid move towards regional structuring, with the creation of a Comité Régional Lyonnais-Forez-Dauphiné-Savoie (CR-LFDS) – alongside that of Ⓘle-de-France – in 1965. From 1968 onwards, the strengthening of links with the French State Department for Youth and Sport helped to accentuate this movement. The FSHPF, renamed the FFSHP in 1968, finally obtained a delegation of powers from this department on 20 June 1972. This article looks at the conditions and reasons for this accelerated recognition by the State. It puts forward the hypothesis that it was paradoxically the result of the crisis that led to the split into two federal organisations in early 1972 (the FFSHP and the FFOHP, created on the initiative of the president of the CR-LFDS). This hypothesis is explored by crossing the archives of the Department of State for Youth and Sport and those of the two rival federations (as well as testimonies collected from the leaders of the time). These archives shed light on the tensions generated in the early 1970s by the organisation of international sporting events and the desire to control the development of a growing sport for the physically disabled. In 1971–1972, the crisis that erupted around the organisation of the "World Winter Games" helped the FFSHP gain the status of a delegated federation, a prerequisite for its entry into the French National Olympic and Sports Committee (CNOSF) in 1973 and the secondment of technical advisors by the State (1976). [ABSTRACT FROM AUTHOR]

The article focuses on the study of international legal instruments in the field of corruption prevention, specifically addressing the definition of «conflict of interest». The relevance of the topic stems from the increasing incorporation of the conflict of interest concept into various areas of public management and administration through national legislation. Many works of scientists are devoted to the study of the problem of conflict of interests: the authors analyzing the definitions of key terms as outlined in national legislation; the essence of the definition is revealed through the typology and the classification of different types of conflicts of interest. However, at the national level, a comprehensive understanding of the application of the conflict of interest concept has not yet been fully developed. There is also a lack of a conceptual framework that satisfies the requirements of legal certainty. The question of the definition of «conflict of interest» in a way that is suitable for judicial and administrative application remains a matter of debate. An important step toward resolving this issue is the examination of international legal approaches to defining the essence of the concept. The article analyzes international conventions, declarations, and other legal instruments related to the fight against corruption to interpret and clarify the meaning of «conflict of interest». It clarifies international legal approaches to defining the term for the purposes of legal regulation. The article notes that the definition of conflict of interest can encompass a broad range of issues, particularly those related to combating corruption, which may fall within both administrative and criminal law. It is concluded that the term «conflict of interest», as a specific legal term, is not explicitly defined in international legal acts. The definition of «conflict of interest», as a complete and independent legal term, suitable for judicial and administrative use, is shaped by the context of state interests, the constitutional and legal framework, and public service requirements. [ABSTRACT FROM AUTHOR]

The article examines the issue of the formation of the concept of «individual act» in legislation with regard to ancient history and modernity. Ukraine is at the stage of reforming state institutions and legislation in general. It is indicated that the study of the history of the formation of the category of individual actions makes it possible to follow the path of development because of mistakes made that affected the effectiveness of the application of the regulatory f ramework. It is noted that individual acts, within more general problems, have been the subject of scientific research, but the genesis of an individual act is understudied. Furthermore, it was analyzed that the normative acts of ancient times and the Middle Ages do not have a direct mention of the concept of an individual act or a public legal dispute. Instead, the nature of decision-making shows that such decisions have all the characte ristics of individual acts. When researching the regulatory framework on the territory of Ukraine during the princely era and hetmanship, it was determined that in parallel with the expansion of functions and the increase of the state's intervention in all spheres of public life, the need to control and limit the actions of government officials grew. It is noted that in the XIX - the beginning of the XX century, the laying of foundations in the formation of the category of public legal dispute was observed, in particular regarding the challenge of legal acts. A significant historical contribution to the development of administrative law is the Constitution of the Ukrainian People's Republic. It is noted that the definition of the concept of an administrative act was in the legislative acts of the Soviet period. The development of administrative justice and the concept of an individual act is divided into three periods: a) from 1991 to the adoption of the Code of Administrative Justice of Ukraine; b) from 2005 to 2022 (taking into account the new version of the Code of Administrative Justice of Ukraine that entered into force on 15.12.2017; c) from 2022 to today, which is connected with the adoption of the Law of Ukraine «On Administrative Procedure» and the rapid harmonization of the legislation of Ukraine with the requirements for joining the EU. The article states that an individual act as the subject of a public legal dispute received its normative definition at the legislative level only after changes to the Ci vil Code of Ukraine in 2017. It was concluded that a common understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a common approach to their application. [ABSTRACT FROM AUTHOR]

Studying the institute of intellectual property, we can say that this institute has been developing for a long time and continues its evolution even today. Realizing the importance of intellectual activity and property, humanity began active work on its protection and protection. Currently, the protection of the results of intellectual activity is carried out by a special UN institution and each state separately. Which is quite understandable, because intellectual property is something without which the economy and society in general cannot develop these days. The article emphasizes that administrative responsibility as one of the institutes of the field of administrative law performs a preventive and punitive function and is an important element of state influence to prevent and stop the commission of socially dangerous harmful acts. This indicates that one of the priority directions of the development of the legal state should be considered the improvement of intellectual property rights in terms of administrative and legal protection and protection of intellectual property rights. It has been established that one of the priority directions for the development of the rule of law should be the improvement of intellectual property rights in terms of administrative and legal protection and protection of intellectual property rights. It is about clear and objective regulation of administrative offenses in the field of intellectual property, taking into account adequate measures of administrative and legal responsibility, which in their practical application will prove their effectiveness in countering violations of rights to objects of intellectual property law. It was established that the current legislation, which provides for administrative responsibility for committing offenses in the field of intellectual property, is in a static state, and therefore there are serious legal gaps, in particular at the local and regional levels, which are not filled by the relevant legal norms. It has also been investigated that, as of today, there is no clear plan of measures to counter offenses in the field of intellectual property. [ABSTRACT FROM AUTHOR]

It is noted that the active development of social relations influenced the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. The perspectives of administrative and legal science, as well as the branches of administrative law, are related to modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is noted that administrative law regulates a significant number of various social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations, which are covered by the norms of administrative law, which is currently in the stage of systemic reform and is mostly related to relations regarding ensuring the realization of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons under public law. Attention is drawn to attempts to reform the administrative-tort legislation, since the codified act of administrative-tort legislation adopted during the Soviet era does not meet the realities and requirements of today. Therefore, the issue of updating the administrativedelict legislation occupies a prominent place in the scientific developments of domestic jurists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that, despite its own specificity, administrative-tort law performs a significant number of various functions (regulatory, binding, permissive, protective, educational, etc., is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms regulating relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative and tort law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure for bringing a person to administrative responsibility, which is completely different from that regulated by the Code of Ukraine on administrative offenses, which requires new theoretical views on establishing a system of administrative penalties. [ABSTRACT FROM AUTHOR]

The article analyzes and reveals the concept of state-official legal relations in state authorities in general, and law enforcement agencies in particular, it is emphasized that these legal relations are characterized by specificity and have a direct impact on the development and functioning of the state apparatus, as well as create the basis for the effective implementation by public servants of their direct powers and functions that were delegated to them by society and the state. It is emphasized that in modern legal science, the essence of the definition of «legal relations» lies in the understanding of relations between natural persons, which embody the legal reflection of social, political, economic, family, in some cases, moral, as well as other social relations, which sublimate the process of emergence, change and termination of a social relationship based on legal norms, the participants of which have legal rights and obligations, the observance of which is guaranteed by the state. It was established that there are no clear criteria for belonging of the phenomenon of state-service relations to a specific group of legal norms in the modern legal system. It was established that state-official legal relations are governed by the norms of labor and administrative law according to the main criteria. It was noted that the genesis of public-service legal relations lies in the synthesis of social relations regulated by the current legislation, which are formed with the participation of the state in the personification of its bodies and relevant officials on the one hand, and civil servants - on the other, which are implemented in order to fulfill the tasks and function s of the state services. It is emphasized that state-official legal relations, including in law enforcement agencies, are a phenomenon inherent not only in the field of civil service, the main principles of which are regulated by the Law of Ukraine «On Civil Service», the process of serving in the Armed Forces of Ukraine should also be considered as such, the National Guard of Ukraine, the National Police of Ukraine, the Security Service of Ukraine, the Prosecutor's Office and other law enforcement and human rights protection bodies. [ABSTRACT FROM AUTHOR]

In the article, the authors made a thorough description of administrative and legal regulation in the field of land relations. They characterized the concepts of «regulation», «legal regulation» and «land relations». It is substantiated that land relations are one of the largest massifs of public relations regulated by legal norms, in which the absolute majority of both private and public legal entities are involved. But due to the diversity of such subjects and the differences in their legal status, the legal regulation of land relations uses methods characteristic of both civil and administrative law. In addition, within the limits of land law, the existence of its own method of legal regulation is emphasized. It was determined that «legal regulation» can be considered an institution of a general type, which includes specific characteristics that give rise to administrative and legal regulation. The formulated author's definition of «administrative-legal regulation» as a type of sectoral legal regulation, which is based on the direct effect of the norms of administrative law and is an administrative-legal instrument that affects social relations arising in the field of public administration. taking into account the peculiarities of the legislative definition of the concept of «land relations», for the purposes of scientific research it is more correct to use the term «administrative-legal regulation in the field of land relations» as opposed to the term «administrative-legal regulation of land relations». In our opinion, the term «sphere of land relations» should be understood as a set of relations, which, in addition to land relations, include relations arising in connection with the exercise of power by public administration bodies in relation to land management. The objects of these relations are land, land plots, rights to them, as well as goods and objects derived from them. «Administrative and legal regulation in the field of land legal relations» should be understood as a type of sectoral legal regulation, which is based on the direct effect of the norms of administrative, civil and land law and is a legal instrument that affects public land legal relations arising in the field of public land management affairs. [ABSTRACT FROM AUTHOR]

It is indicated that a mandatory prerequisite for a high level of fundamental scientific research on issues of administrative law, as well as the possibility of the science of administrative law to serve as a progressive theoretical and legal basis for the understanding and improvement of phenomena and processes that occur during the implementation of the norms of administrative law, is the achievement of the correct understanding of the fundamental theoretical constructions of administrative law. One of them, which is in great demand among the scientific and professional community in their activities, is the mechanism of administrative and legal regulation. This key constituent element of the conceptualcategorical apparatus of administrative law is an administrative-legal variation of the legal mechanism, ideas about which are developed within the framework of legal theory. Having regard to the views expressed by legal theorists and representatives of the science of administrative law on the essence of the mechanism of administrative legal regulation, the author came to the conclusion that the mechanism of administrative legal regulation is an ordered set of legal means, which in their interrelationship ensure the proper functioning of the state and local self-government with the aim of satisfying to the greatest extent the legitimate interests of private persons and civil society as well as of achieving other goals of administrative law in the relevant sphere of public law relations. Nevertheless, the statement that the mechanism of administrative legal regulation governs social relations seems unfounded, because it artificially narrows the structure of this type of legal mechanism to the norms of the law, while to ensure the implementation of the regulatory influence of the law, it includes other elements necessary for this. Moreover, it could be considered wrong from the point of view of formal logic to encompass the its goal by the definition of the mechanism of administrative legal regulation, because if the mechanism of administrative legal regulation itself is meant, then it is automatically aimed at realizing the goal of administrative-legal regulation, which excludes the need for its duplication in its definition. The system of legal means that form the mechanism of administrative and legal regulation includes norms of administrative law and acts of their official interpretation, administrative legal relations (including relevant legal facts and factual structures), acts of fulfillment of rights and duties in these legal relations (including, acts of application of legal norms), as well as legal awareness of participants in administrative legal relations (as an optional element). [ABSTRACT FROM AUTHOR]

State registration of civil status acts is one of the forms of public services in the field of administrative law. The public service orientation of executive authorities and local self-government bodies is a priority in the decentralization processes which are taking place in Ukraine today. The focus of the local government reform is on people, and one of the important factors of their comfort is the provision of quality administrative services. Every day, children are born in Ukraine, some get married, some get divorced, and some die. Despite all the difficulties that exist today, the service of state registration of civil status acts is the most popular among Ukrainian citizens. The armed aggression of the Russian Federation against Ukraine has made many adjustments to our everyday life and the life of the country as a whole. Despite all the challenges, the legislator is trying to facilitate bureaucratic procedures, including in the field of civil registration. The latest technologies are being actively introduced, and amendments and additions are being made to the legislation in the field of state civil registration. Despite the significant progress in civil registration legislation, some difficulties arise in practice, especially in situations of state registration of marriage or divorce when one of the spouses is a military officer, or if one of the spouses is abroad, or in the area of active hostilities, or in the temporarily occupied territories of Ukraine. Regarding the temporarily occupied territories, unfortunately, during the 10 years of armed conflict, Ukraine has not been able to simplify the procedure for legitimizing civil status acts issued in the temporarily occupied territories of Ukraine. Therefore, Ukrainian citizens must go to court to recognize facts that have legal significance. Therefore, it is necessary for the legislator to resolve the problematic issues related to state registration of civil status acts. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the content and implementation of the principles of humanism and justice in the administrative law of Ukraine in the context of Christian values. The relevance of the topic lies in the fact that these two principles are poorly understood in the science of administrative law, and that the doctrine of this science needs to be changed, given the changes associated with the war, which forced people to reconsider some of their values, their life priorities and views on the State and its importance in human life, and reinforced the need to build relations between the State and human beings based on the principles of humanism and justice. The author establishes that the principles of humanism and justice are interrelated and form the basis of the entire system of administrative law and the functioning of public relations in the field of public administration. It is summarized that justice is the initial principle of law and its essence, the basis for the rule of law. Humanism is a fundamental principle of rights and a value of a democratic society; it means humanity, love for a person, value of a person and his or her dignity, and the pursuit of his or her welfare. It is proved that the fundamental principles of law are based on love, which is the content of Christian doctrine. In the context of Christian values, the principle of justice means doing to others as you would like to be done to you. It implies the action of equality, respect, freedom, and mercy toward people. In turn, the principle of humanism in the context of Christian values means love your neighbor as yourself. It is proved that love is not only an emotion, but first and foremost an action, or an act of will. Love requires decision-making and effort. Therefore, the principles of administrative law are also an action and should be put into practice, and not just an idea. The author proposes to change some doctrinal approaches to the role of the State in relations with a person, namely, that they should be based on the principles of humanism and justice based on love, which will be the beginning of a qualitatively new role of the State and the activities of officials in relations with citizens. [ABSTRACT FROM AUTHOR]

The article examines modern approaches to determining the goals of the norms of administrative law. It was found that when institutions or sub-branches of administrative law, a separate norm of administrative law or its interaction with other norms of national law are analyzed, then in all these cases we are talking about a norm of law, which according to quantitative parameters has acquired a new “internal quality” and in relation therefore, it has changed its manifestation in the surrounding world, which, in turn, affects the goal-setting of the norms of administrative law: a) as the smallest element in the legal system; b) in synergy with other norms of the legal institution; c) in synergy with other industry standards; d) in synergy with other norms of national law. It was established that according to the target orientation of the norms of administrative law, they should be divided into five groups: 1) primary regulatory - aimed at regulating basic social relations (consolidating the rights and obligations of civil servants as participants in administrative legal relations); 2) regulatory and encouraging – aimed at maintaining law-abiding behavior in society and in a specific person (consolidation of nationwide incentive measures for education workers); 3) regulatory and protective - aimed at protecting basic legal relations from possible encroachments (consolidation of administrative offenses in the Code of Administrative Offenses); 4) regulatory-protective – aimed at protecting already violated basic legal relations (consideration of public-law disputes in the administrative court according to the requirements of the CAS of Ukraine); 5) regulatory-perspective – determine benchmarks that should be strived for, but which for various reasons remain unattainable here and now (for example, Ukraine’s integration into the European political, economic, security, and legal space). It is proposed to divide the goals of the norms of administrative law depending on the level of legal regulation (basic, sectoral, national goals and goals of legal institutes), depending on the expected results (functional and substantive goals), depending on the potential terms of their achievement (staged and non-staged purposes), depending on the scope of implementation and obtaining a useful effect (legal, non-legal and mixed purposes). [ABSTRACT FROM AUTHOR]

The article revisits the concept of the ‘shadow carceral state' introduced by Beckett and Murakawa in 2012, which highlights the expansion of punitive power through legal hybridity, blending civil, administrative, and criminal law. Topics include the institutional diversification of the carceral state, the expansion of punitive practices through reforms to visible institutions, and the impact of legal hybridity in creating new pathways for entanglement with the criminal legal system.

This Essay concerns the evolving relationship between the economy, specifically the economy of the British North America that became the United States, and the methods society deployed to legitimate, control, and channel economic behavior, especially religion and law. Using the recently published work of three eminent academics--Benjamin Friedman, Jonathan Levy, and William Novak--it addresses the changes in thought necessary to legitimate acquisitive economic behavior and the consequent centering of law as the secular replacement for religion. Having unleashed that behavior, society, yet wary of it, at least in its extreme forms, had to develop mechanisms to channel that behavior in ways that created social benefit and limit its antisocial extremes. That behavior became known as capitalism. The state had always regulated economic behavior, of course, but the purposes of regulation, and its mechanisms, changed as capitalism evolved, and as understandings of capitalism evolved in tandem with the economy itself. In the United States, that evolution was marked by a continuing attention to democratic aspirations, aspirations both political and egalitarian. As capitalism fostered wider markets, as its evolution embodied industrialism and commercialism, it created problems that the regulatory state could not handle. In America, the transition from regulatory to administrative state was complicated by its federal structure and background democratic egalitarian yearnings. Friedman, Levy, and Novak illustrate and elucidate aspects of that evolution. This Essay suggests that reading them together explains more than each separately and ends by noting how the tensions they explain usefully add to our understanding of American law, and, coincidentally, the potentially transformational administrative law decisions of the Supreme Court in the 2023-2024 term. [ABSTRACT FROM AUTHOR]

Violations of the rights of migrants by state actors at the EU's external borders, including through the use of pushbacks and indiscriminate violence, both on land and sea, have resulted in NGOs, lawyers and citizen activists engaging in forms of humanitarian action and legal mobilization aimed at contesting inhumane state policies. State actors can similarly rely on various legal tools to create a chilling effect and a hostile environment for migrants' rights activism. Such practices can be considered to constitute a form of lawfare against migrants' rights activism, an instrumental and hegemonic use of the law in order to weaken support for migrants. The use of criminal law has been a common tool of lawfare at the European Union's external borders. However, administrative law is increasingly being used to bring activists into compliance with states' interests, creating compliant environments through the use of regulatory instruments and administrative sanctions. To critically assess the instrumental use of administrative law as a form of lawfare, it makes sense to review their application at the EU's external borders. A good opportunity for such a review is being provided by looking at the administrative regulation of search and rescue (SAR) operations in the Mediterranean creating a hostile environment for SAR NGOs in the case of Italy, and the instrumental use of administrative regulations to limit access for activists to the Polish-Belarusian border in the case of Poland. [ABSTRACT FROM AUTHOR]

This study is concerned with a central question in administrative law, as well as environmental law; that is, how to conceptualise and determine the public interest in complex contexts where decisions concern collective action problems, involve multiple actors, cross-temporal and spatial scales, and occur under conditions of knowledge uncertainty. Here, it is argued against the use of trade-offs in the determination of the public interest in these contexts because trade-offs involve epistemological simplifications and de-contextualise interests dismissing the nature of knowledge as a situated and dynamic collective practice. To concretise the critique, the EU Habitats Directive's site protection management provisions are relied on as an example where decisions in the public interest are underpinned by a problematic trade-off logic. To move beyond trade-offs, the article introduces Dewey's thought. More precisely, it is argued that Dewey's deliberative pragmatism presents a cogent conceptualisation of the public interest, and thereby constitutes a first intellectual step to overcome the key limitations of a trade-off logic in determining the public interest in environmental decision-making. [ABSTRACT FROM AUTHOR]

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.)

This article challenges the pervasive assumption that judicial review of administrative action is not concerned with rights. Making a break from this orthodoxy, it proposes a theory of judicial review that suggests that its purpose is to protect distinctive administrative law rights held by those subject to public administrative power. This rights‐based theory makes sense of the structure of applications for judicial review in which, paradigmatically, an individual subject to an administrative decision makes a claim against the state that the public official responsible for that decision failed to meet the relevant administrative law standards, and accordingly demands a remedy. The bulk of the article is dedicated to addressing the major objections to a rights‐based theory, including those arising from public interest standing and the nature of judicial review remedies. The analysis shows that each of these objections fails, clearing the ground for a fuller development of a rights‐based theory of judicial review in future work. [ABSTRACT FROM AUTHOR]

Much of the scholarship on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable and marginalized people as a result of individualized bias or arbitrariness in administration. This Article argues that, beyond idiosyncrasies or flaws in administrators themselves, the poor impact of administration on minorities emanates from institutional systems. In doing so, this Article introduces a framework of institutional oppression into the study of administration that illustrates how agencies subordinate minority interests to the ends of administrative competence and self-preservation. A healthy federal bureaucracy is sustained by administrative efforts to reduce institutional burdens, improve efficiency, conserve resources, and preserve the structures underlying the agency's power to regulate. In addition, a conventional justification for the existence of agencies is that they act on behalf of the public interest, and public interest theories of regulation prize criteria such as efficiency. Administrative actors, therefore, are motivated to pursue these values in order to maintain the administrative state. However, as this Article shows, agencies harm marginalized communities in pursuit of these institutional virtues. Put simply, agencies mistreat vulnerable people by acting as intended. Essentially, agencies that are operating as expected perpetuate systematic bias. Ironically, by prioritizing public interest values (such as efficiency), agencies may, in fact, cause harm. Arguably, this renders agencies less efficient to the extent efficiency requires not only speed and cost savings, but also good results. For example, immigration officials at the Department of Homeland Security (DHS) use arrest records to decide whom to deport, even if the targeted noncitizens were never convicted of a crime, because arrest records are inexpensive and accessible proxies for immigration data. The Federal Emergency Management Agency (FEMA) failed to evacuate tens of thousands of poor people of color in the wake of Hurricane Katrina both as a result of the systematic management of an institutional history of limited resources and due to FEMA's post 9/11 placement as a subcomponent of DHS, whose focus on national security has overwhelmed FEMA's core mandate. The Bureau of Land Management approves gas and oil leases in rural towns quickly, even though the resulting rapid labor expansion reduces the safety of Native women, because focusing on rural communities for energy project expansion allows the agency to streamline its environmental review process. This Article's prescription is for institutional redesign. First, from the top down, filtered through legislation, Congress could utilize small-scale, targeted appropriations and pointed procedural interventions to influence how agencies exercise discretion. Second, from the bottom up, the President or agencies themselves could instigate efforts to use more accurate information and more meaningful process. Third, a focus on reviving a government of small, discrete agencies could shape and constrain administrative discretion in ways that encourage agencies to rebalance their priorities in the implementation of law. [ABSTRACT FROM AUTHOR]

This article challenges the idea that judicial review is purely judicial and adversarial in nature. Instead, I argue that recent doctrinal and remedial changes to judicial review suggest that courts hold a quasi-administrative jurisdiction. By a quasi-administrative jurisdiction, I mean one that prospectively, and retrospectively, aids and advises on the execution of public administration. For example, the Federal Court in Canada (Citizenship and Immigration) v Mason suggested that federal tribunals should start using the advisory reference procedure found in section 18.3(1) of the 1985 Federal Courts Act to resolve 'dueling administrative interpretations' of their home statutes. Canadian courts have also started to remit cases back to administrative decision makers with specific instructions explaining how they are to proceed upon redetermination, thereby structuring and advising on the proper exercise of discretion. The existence of these quasi-administrative remedies requires us to rethink Lon Fuller's contention that the form of adjudication is inherently bilateral, adversarial, and retrospective. Fuller's contention was based on the claim that arguments in court are ordinarily presented in the form of claims of right in the disputant's favour. However, I argue that, in public law adjudication, arguments are presented in the form of claims of legitimate authority in the public interest. This establishes judicial review on what I term a multilateral, collaborative, and prospective form of adjudication. This form suggests that the court is in fact suited to exercising quasi-administrative functions. [ABSTRACT FROM AUTHOR]

On June 30, 2022, judicial deference toward actions of administrative agencies took a significant hit. In West Virginia v. EPA, the Court formally recognized--for the first time--the major questions doctrine, which requires agencies to identify clear congressional authorization when claiming the authority to make decisions of vast economic and political significance. Since June 30, 2022, the Supreme Court has utilized the major questions doctrine in decisions of national importance, including topics ranging from environmental protection efforts to canceling student debt. This note offers a snapshot of how the major questions doctrine has been applied by federal courts across the country since West Virginia was decided. Beginning with the nondelegation doctrine, this note traces the rise and the beginning of the fall of congressional delegations of power to administrative agencies. This note then summarizes the major questions doctrine and shows how the doctrine has been applied by federal courts in forty-six cases since West Virginia was decided. [ABSTRACT FROM AUTHOR]

Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this study is to present rules on establishing the catalogue of parties to proceedings in cases for issuing decisions on environmental determinants. The analysis, based on investigation of the law in force and examination of the law in the historical angle, shows that entities that to whom an authority refuses to grant the status of a party in proceedings for issuing an environmental decision find it difficult to evidence their legal interest in these proceedings due to no access to relevant documents and case files. [ABSTRACT FROM AUTHOR]

Motherhood in academia remains vastly underrepresented in both developed and developing countries. Key career opportunities for women often coincide with childbearing and child‐rearing years, limiting their consideration for these positions. This underrepresentation diminishes academic mothers' ability to contribute meaningfully to public administration (PA) and development issues that deeply impact them. Using comparative administrative law, we develop a typology of environments academic mothers navigate, reflecting national and cultural differences. We investigate the historical, cultural, and structural factors perpetuating this inequity, highlighting biases and discrimination faced by academic mothers. Entrenched institutional structures and complacent cultural norms exacerbate their systemic oppression. Normalizing motherhood in academia, from graduate students to university presidents, requires new laws, policies, programs, and expectations that create strong legal protections and favorable institutional policies. We conclude with universal recommendations to transform academia into a more inclusive space for mothers, focusing on PA to address this pervasive issue. [ABSTRACT FROM AUTHOR]

The author talks about some of the challenges faced by educators in social work and argues for greater activism, spanning national and regional boundaries, building strength through relationship and solidarity. She discusses the persistence of extractive capitalism, activism in social work, and the actions that should be taken by social work educators and scholars to model to their students.

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion 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.)

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion 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.)

This article challenges the idea that judicial review is purely judicial and adversarial in nature. Instead, I argue that recent doctrinal and remedial changes to judicial review suggest that courts hold a quasi-administrative jurisdiction. By a quasi-administrative jurisdiction, I mean one that prospectively, and retrospectively, aids and advises on the execution of public administration. For example, the Federal Court in Canada (Citizenship and Immigration) v Mason suggested that federal tribunals should start using the advisory reference procedure found in section 18.3(1) of the 1985 Federal Courts Act to resolve 'dueling administrative interpretations' of their home statutes. Canadian courts have also started to remit cases back to administrative decision makers with specific instructions explaining how they are to proceed upon redetermination, thereby structuring and advising on the proper exercise of discretion. The existence of these quasi-administrative remedies requires us to rethink Lon Fuller's contention that the form of adjudication is inherently bilateral, adversarial, and retrospective. Fuller's contention was based on the claim that arguments in court are ordinarily presented in the form of claims of right in the disputant's favour. However, I argue that, in public law adjudication, arguments are presented in the form of claims of legitimate authority in the public interest. This establishes judicial review on what I term a multilateral, collaborative, and prospective form of adjudication. This form suggests that the court is in fact suited to exercising quasi-administrative functions. [ABSTRACT FROM AUTHOR]

Neo‐Brandeisian legal scholars have recently revived the ideas of Supreme Court Justice Louis Brandeis, who championed state regulation that preserved market competition and economic liberty in the face of concentrated private power. Yet ultimately and perhaps paradoxically, it has been Europe and not the United States that has proved more hospitable to accommodating key features of the Brandeisian approach. We explain this outcome by tracing the evolution of EU competition law to gain insight into the social learning processes through which such regimes change over time. We argue that the EU's administrative system, which provides the European Commission with significant bureaucratic discretion, has facilitated processes of ongoing deliberative adjustment to policy and practice, which over time has resulted in a system of "regulated competition" with striking similarities to the Brandeisian vision. The analysis highlights how administrative law institutions condition how regulatory regimes evolve in response to acquired experience and knowledge. [ABSTRACT FROM AUTHOR]

The article examines the impact of implementing the general administrative procedure by adopting the Law of Ukraine “On Administrative Procedure” (LAP). It discusses the development of this law and the reasons behind the lengthy process, which spanned over 23 years. The initial doctrinal principles of this law are significantly influenced by German administrative law, which aligns Ukrainian governance and public administration standards more closely with those of the European Union. The LAP development has been shaped by various political priorities, including the State in Smartphone project, the response to the full-scale Russian invasion, and Ukraine’s EU candidate status. The article highlights the LAP’s role as a catalyst for updating and Europeanizing other fundamental aspects of Ukrainian administrative law, such as the laws on appeals and the Code of Administrative Misdemeanors, as well as sector-specific legislation, particularly in tax and customs.

This article examines the academic research school of administrative law, highlighting its importance within the scientific community. An academic school is understood as a cohesive local community of scholars united by a common idea, which forms part of the larger professional scientific community. Key features of a scientific school are outlined, including the presence of distinct research directions, which are typically defined by the scientific interests and expertise of the most influential members of the school. The origins and development of the academic research school of administrative law, founded by Professor Semyon Sevast’yanovich Studenikin, are explored. The article analyzes Studenikin’s foundational ideas that shaped this school and highlights areas of particular interest to him. A brief overview of the scientific achievements of the school’s representatives, which developed and continues to flourish at the Institute of State and Law of the Russian Academy of Sciences, is provided. Three main research areas within this scientific school are identified: theoretical, public-administrative, and the protection of citizens’ subjective rights in the field of public administration. The first two areas were developed by Professor S.S. Studenikin, while the third was pioneered by Professor M.D. Zagryatskov. The contributions of the followers of these scholars, including contemporary academics, to each of the three primary directions of the school are also discussed.

The article examines the application of the concept of legal pluralism to the interaction between the European Union (EU) administrative legal order and the administrative legal orders of associated or candidate States as part of the process of aligning national legislation with EU standards. This process involves multiple sources of integration obligations derived from the Association Agreement, accession negotiations, conditions for economic aid, administrative cooperation, and EU-funded modernization programs. The authors suggest that a pluralistic approach may provide associated or candidate States with a degree of flexibility in choosing specific scopes, models, and time frames to align their national legislation with EU laws. This can help to mitigate and offset the imbalance in States’ relations with the EU resulting from the latter’s normative dominance. At the same time, various sources can lead to conflicts between integration obligations and approaches to harmonizing national administrative rules and practices.

On the surface, it would seem that the operation of a health resort commune does not differ from the majority of local authorities in Poland that do not have health resorts in their area and its activities can be subordinated to the market law of supply and demand. It would seem that it is the health resort gminas that are particularly privileged entities, endowed by nature with unique therapeutic raw materials, unique landscape, clean air and high forest cover, and being the proverbial apple of the sovereign's (the State's) eye, they have versatile development opportunities. A health resort municipality is a municipality whose area or part thereof has been granted the status of a health resort in accordance with the procedure set out in the Act on Health Resort Treatment, Health Resorts and Areas of Health Resort Protection and on Health Resort Municipalities of 28 July 2005. A health resort is an area where spa treatment is carried out, separated for the purpose of utilising and protecting the natural medicinal resources located in its area, which has been granted the status of a health resort. It follows from these definitions that a health resort is a limited area of the territory of a municipality, carrying out a specific activity such as spa treatment.

In etymological terms, administration refers to activities performed in a permanent manner, aimed at achieving various goals and results. The Latin phrases ministrō and ministrāre mean: "to serve", "to perform" and "to manage", while the phrase minister refers to a person serving and performing. The use of the preposition ad should be interpreted in this context as directed activity - the equivalent of the Polish prefix "do", and therefore the expression ad ministro can be described as "directing" and "governing". The science of administrative law, just like the science of administration, provides that certain properties can be assigned to administration without defining it. It is such a complex phenomenon in itself that defining it is very difficult or even impossible. The same applies to individual forms of administration. Legal regulations were analyzed, including systemic ones related to the place, role and organization of public administration in Poland.

Internal audit is performed in a diverse legal and cultural environment, for organizations that differ in their goals, size, complexity and structure. Internal auditing is performed by people both inside and outside the organization. Although the aforementioned differences may affect the practice of auditing in different environments, the application of the International Standards for the Professional Practice of Internal Auditing is an essential condition for the internal auditor and internal audit to fulfill their duties. Internal control is an immanent feature of the management process. In the functional sense, it is performed by each employee, in the institutional sense by a separate internal cell. Hence, the control system consists of: internal cells in the organizational structure, internal regulations, procedures and other control mechanisms in the enterprise/unit. Internal control operates on an ongoing basis and can respond immediately to any irregularities. Financial control is a special type of internal control - it deals with finances. Internal audit comes into contact with internal control during one of the many activities it undertakes, namely the examination and evaluation of the effectiveness of the existing internal control system.

Pursuant to the provisions of the Act of August 27, 2009 on public finances, the chief accountant of a public finance sector entity is an employee to whom the manager of the entity entrusts duties and responsibilities in the scope of keeping the entity's accounting, executing cash orders, and performing preliminary control of the compliance of economic operations. and financial with the financial plan, completeness and reliability of documents regarding economic and financial operations. Therefore, entrusting the function of an accountant consists of two elements: entrusting duties and, consequently, responsibility in this respect. The chief accountant is therefore an employee of the entity. The provisions of both the Act on Public Finance, Local Government Employees and the Labor Code apply to it. Recognizing the relevant legal regulations is important when answering questions and problems related to the performance of the function of treasurer (chief accountant). The treasurer's actions are a consequence of the statutory tasks assigned to him and the function entrusted by the unit manager. The function of treasurer of a commune, district or voivodeship is an obligatory function. The head of the unit cannot entrust the tasks specified in the Public Finance Act to a functional employee other than the treasurer. Exceptions in this respect cannot lead to the transfer of financial matters to another organizational unit within the office structure.