Fair And Efficient Administrative Proceedings

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Fair And Efficient Administrative Proceedings

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Author : United States. Securities and Exchange Commission. Task Force on Administrative Proceedings
language : en
Publisher:
Release Date : 1993

Fair And Efficient Administrative Proceedings written by United States. Securities and Exchange Commission. Task Force on Administrative Proceedings and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Administrative procedure categories.

The Principle Of Effective Legal Protection In Administrative Law

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Author : Zoltán Szente
language : en
Publisher: Routledge
Release Date : 2016-08-05

The Principle Of Effective Legal Protection In Administrative Law written by Zoltán Szente and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-05 with Law categories.

This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and legal circumstances as well as analysing the relevant case law of the domestic courts; the third part provides a comparative analysis of the country reports. The final chapter assesses the influence and relevance of EU law and the ECHR. The book thus identifies the most important trends and makes a valuable contribution to the debate around convergence and divergence in European national administrative systems. The Open Access version of this book, available at https://www.taylorfrancis.com/books/principle-effective-legal-protection-administrative-law-zolt%C3%A1n-szente-konrad-lachmayer/e/10.4324/9781315553979 , has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 licens

Casebook On European Fair Trial Standards In Administrative Justice

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Author : Arman Zrvandyan
language : en
Publisher: Council of Europe
Release Date : 2016-12-01

Casebook On European Fair Trial Standards In Administrative Justice written by Arman Zrvandyan and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Political Science categories.

Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Europe member states. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. An administrative process should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law and result in an enforceable judgment that is pronounced publicly. This casebook, the first of its kind, provides a systematic and accessible overview of what administrative justice means for Council of Europe member states. The case law of the European Court of Human Rights on the right to a fair trial is described and analysed as it relates to administrative proceedings. It is the hope of the Council of Europe and the Folke Bernadotte Academy that this casebook will help practitioners in the field of administrative justice to ensure fair trial standards and their principles applicable under Article 6, paragraph 1, of the European Convention on Human Rights are respected and, by doing so, further strengthen the rule of law and the accountability and transparency of public administration and administrative justice in the member states of the Council of Europe.

Casebook On European Fair Trial Standards In Administrative Justice

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Author :
language : en
Publisher:
Release Date : 2016

Casebook On European Fair Trial Standards In Administrative Justice written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.

Interest in administrative justice and the judicial review of administrative acts has been growing in many countries recently, including many Council of Europe member states. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. An administrative process should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law and result in an enforceable judgment that is pronounced publicly. This casebook, the first of its kind, provides a systematic and accessible overview of what administrative justice means for Council of Europe member states. The case law of the European Court of Human Rights on the right to a fair trial is described and analysed as it relates to administrative proceedings. It is the hope of the Council of Europe and the Folke Bernadotte Academy that this casebook will help practitioners in the field of administrative justice to ensure fair trial standards and their principles applicable under Article 6, paragraph 1, of the European Convention on Human Rights are respected and, by doing so, further strengthen the rule of law and the accountability and transparency of public administration and administrative justice in the member states of the Council of Europe. Arman Zrvandyan.

A Quest For Fairness And Efficiency

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Author : John Patten Abshire
language : en
Publisher:
Release Date : 1972

A Quest For Fairness And Efficiency written by John Patten Abshire and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Administrative law categories.

The Judicial Review Of Administrative Acts

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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 2005

The Judicial Review Of Administrative Acts written by Council of Europe. Committee of Ministers and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

The rule of law is inconceivable without access for all citizens to an independent and impartial tribunal established by law. In all states governed by the rule of law the administration is subject to the law and supervision by the courts on the same basis as any individual and any citizen, in accordance with the principle of the preeminence of law. Taking account of the variety of legal traditions in member states of the Council of Europe in the field of administrative proceedings, this recommendation sets out the general rules to be observed in organising the judicial review of administrativ.

Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings

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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2021-10-11

Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-11 with Political Science categories.

These guidelines, prepared by the European Committee on Legal Co-operation (CDCJ) and adopted by the Committee of Ministers of the Council of Europe on 16 June 2021, are designed to help the 47 member states of the Organisation to improve the functioning of their online dispute resolution mechanisms (ODR) in civil and administrative court proceedings, and to ensure that such mechanisms are accompanied by robust human rights safeguards, and that they are compatible with the key principles of a fair trial and effective remedy – Articles 6 and 13 of the European Convention on Human Rights – as set out in the case law of the European Court of Human Rights. This practical legal tool provides guidance in relation to fair procedure – access to justice, equality of arms, evidence, effective proceedings, delivery of the decision, right to a reasoned decision, enforcement of the decision and right to judicial review in cases involving purely automated decisions – to transparency in the use of ODR and requirements for hearings, as well as on specific issues such as cybersecurity and human rights protection, including personal data protection.

Pre Trial Procedures In Administrative Justice Proceedings In England And Wales France Germany And The Netherlands

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Author : Weltbank
language : en
Publisher:
Release Date : 2012

Pre Trial Procedures In Administrative Justice Proceedings In England And Wales France Germany And The Netherlands written by Weltbank and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.

Disputes between citizens or businesses and the State about respective rights and duties are at the core of administrative law. The ability for citizens and businesses to hold Government accountable for acting within the rule of law is a key element of good governance. It provides legal certainty and guarantees predictable and rule-based implementation of legal and regulatory frameworks across different sectors. It also provides Government with effective mechanisms to enforce these frameworks. An effective administrative justice system is therefore a crucial element to make sure all players follow the rules of the game. As such, it is an important aspect of a sound investment climate. The Turkish Ministry of Justice has identified the absence of pre-trial procedures in the administrative justice system as a major obstacle to the efficient and effective delivery of judicial services to citizens, businesses, and the state. There are widespread complaints that administrative judges crumble after a heavy workload and that certain types of cases may be more effectively dealt with outside of the courts. This will make dispute resolution for citizens, businesses, and the state more effective and will alleviate the workload of the administrative courts. Current dysfunctions also affect Turkey's ability to live up to its commitments under the European convention for human rights. Its article six grants those seeking justice the right to a fair trial within reasonable time. Citizens and businesses bring complaints to the European court of human rights which has the power to condemn signatory states for non-compliance. This has financial implications as a country found in violation of this convention has to pay compensation. Beyond the financial implications, though, it negatively affects the image of the Turkish justice system abroad and particularly in Europe, which casts a cloud over European Union accession negotiations.

Effective Review Of Administrative Action

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Author : Michael Donald Kirby
language : en
Publisher:
Release Date : 1989

Effective Review Of Administrative Action written by Michael Donald Kirby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Administrative law categories.

Agricultural Mediation

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Author : Avinash Tripathi
language : en
Publisher:
Release Date : 2006

Agricultural Mediation written by Avinash Tripathi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.