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LAW (843 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 16)
Acta Judicial     Open Access   (Followers: 2)
Acta Juridica     Full-text available via subscription   (Followers: 5)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access  
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 37)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 28)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
AL Rafidain law journal     Open Access  
Al-Ahkam     Open Access  
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 9)
Alberta Law Review     Open Access   (Followers: 13)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 10)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 60)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 10)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 6)
American University Law Review     Open Access   (Followers: 13)
American University National Security Law Brief     Open Access   (Followers: 6)
Amicus Curiae     Open Access   (Followers: 5)
Anales : Facultad de Ciencias Jurídicas y Sociales de la Universidad Nacional de La Plata     Open Access  
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de la Facultad de Derecho : Universidad de Extremadura (AFDUE)     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Argumenta Journal Law     Open Access  
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 4)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 4)
Art + Law     Full-text available via subscription   (Followers: 11)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 14)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
Asia Pacific Law Review     Open Access   (Followers: 1)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal   (Followers: 2)
Asian American Law Journal     Open Access   (Followers: 2)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 9)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 3)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 3)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 7)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 16)
Australian Year Book of International Law Online     Hybrid Journal  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 5)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 29)
Beijing Law Review     Open Access   (Followers: 4)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 15)
BestuuR     Open Access  
Bioderecho.es     Open Access  
Bioethics Research Notes     Full-text available via subscription   (Followers: 15)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 17)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 15)
Boston University Law Review     Free   (Followers: 11)
Bratislava Law Review     Open Access  
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 6)
Brill Research Perspectives in Comparative Discrimination Law     Full-text available via subscription  
Brill Research Perspectives in International Investment Law and Arbitration     Full-text available via subscription   (Followers: 3)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 5)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
Cahiers de la Recherche sur les Droits Fondamentaux     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access   (Followers: 1)
California Law Review     Open Access   (Followers: 22)
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 125)
Cambridge Yearbook of European Legal Studies     Hybrid Journal   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 23)
Canadian Journal of Law and Technology     Open Access   (Followers: 1)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Católica Law Review     Open Access  
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 20)
China Law and Society Review     Full-text available via subscription  
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 7)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Law & Government     Full-text available via subscription   (Followers: 8)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Open Access   (Followers: 12)
Columbia Journal of Gender and Law     Open Access   (Followers: 1)
Columbia Journal of Law & the Arts     Open Access   (Followers: 2)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Journal of Race and Law     Open Access  
Columbia Journal of Tax Law     Open Access  
Columbia Law Review (Sidebar)     Open Access   (Followers: 21)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 4)
Comparative Law Review     Open Access   (Followers: 45)
Comparative Legal History     Hybrid Journal   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
Cornell Law Review     Open Access   (Followers: 14)
Corporate Law & Governance Review     Hybrid Journal  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube     Open Access   (Followers: 3)
De Europa     Open Access  
De Jure     Open Access   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Debater a Europa     Open Access  
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Open Access   (Followers: 5)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 2)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 1)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Derechos en Acción     Open Access  
Dereito : Revista Xurídica da Universidade de Santiago de Compostela     Full-text available via subscription  
Deusto Journal of Human Rights     Open Access   (Followers: 2)
DiH : Jurnal Ilmu Hukum     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito.UnB : Revista de Direito da Universidade de Brasília     Open Access  
Dixi     Open Access  
DLR Online     Open Access   (Followers: 1)
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 1)
Drug Science, Policy and Law     Full-text available via subscription   (Followers: 4)
Duke Environmental Law & Policy Forum     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 19)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 29)
e-Pública : Revista Eletrónica de Direito Público     Open Access  
Economics and Law     Open Access   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 16)
Election Law Journal     Hybrid Journal   (Followers: 18)
Environmental Justice     Hybrid Journal   (Followers: 12)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erdélyi Jogélet     Open Access   (Followers: 4)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
Estudios de Derecho     Open Access  
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
European Convention on Human Rights Law Review     Hybrid Journal   (Followers: 5)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 14)
European Investment Law and Arbitration Review Online     Full-text available via subscription   (Followers: 1)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 11)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Law Journal     Hybrid Journal   (Followers: 134)
European Public Law     Full-text available via subscription   (Followers: 44)
European Review of Private Law     Full-text available via subscription   (Followers: 37)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Similar Journals
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Acta Universitatis Lodziensis : Folia Iuridica
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0208-6069
Published by U of Lodz Homepage  [22 journals]
  • The Administrative Judiciary Reforms in Young Democracy Countries
           (Comparative Legal Analysis)

    • Authors: Agnieszka Krawczyk
      Pages: 5 - 19
      Abstract: The study is the result of a legal comparative analysis of the directions of reforms in the administrative judiciary in the countries of young democracy: Poland, the Czech Republic, Lithuania, Croatia, Serbia, Hungary, Ukraine, Georgia and Kazakhstan. The analysis was carried out with reference to the patterns developed in old European democracies, mainly in Austria and Germany. Papers on reforms of the administrative judiciary in each of these countries were delivered at the international scientific conference: Reforms of administrative judiciary in the countries of young democracy (10–11.06.2021, Faculty of Law and Administration, University of Lodz). They focused on three issues: 1) contemporary challenges of the rule of law and administrative judiciary, 2) directions of changes in the national systems of administrative judiciary, 3) the future of administrative judiciary. The content of the study refers to this system of issues, which reflects the stages of development of administrative judiciary in the countries of young democracy. The conclusions drawn from the analysis show the results of reforms at each of these stages – from the constitutionalization of the rule of law, through the independence of the court-administrative procedure, to the stage of the present, extremely difficult challenges, not only of a procedural nature.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.01
      Issue No: Vol. 98 (2022)
       
  • The German Administrative Jurisdiction in European Comparative Law

    • Authors: Gernot Sydow
      Pages: 21 - 36
      Abstract: This study is devoted to analysing the structural decisions related to the administrative jurisdiction in Germany in comparison with other European countries. It focuses, in particular, on the institutional structure of the administrative jurisdiction and the functions associated with it to it. Different understanding of the scope of the administrative jurisdiction pre-determine how individual regulations of administrative procedural law are designed, for example, regulations concerning access to courts and the judicial powers of the administrative courts. Therefore, the article aims to demonstrate – from a comparative legal perspective – the processes of mutual interaction, namely how the structural decisions made about the administrative jurisdiction have been received, and to highlight the different developmental trends characteristic of individual countries.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.02
      Issue No: Vol. 98 (2022)
       
  • The “Reform of the Century” of the Administrative Judiciary in Austria
           − a “New Era”also for the Administrative Jurisdiction in European
           Young Democracy States'

    • Authors: Peter Chvosta
      Pages: 37 - 54
      Abstract: The aim of the study is to present the assumptions and effects of the administrative judiciary reform in Austria in 2012 (Verwaltungsgerichtsbarkeits-Novelle 2012). This reform is referred to in Austria as the “reform of the century” because it was the result of the largest and most far-reaching change to the Austrian constitution since its entry into force in 1920. This reform was long debated, but due to the reluctance of Austrian politicians to reform in this area, it was in fact neither expected nor hoped for. The notion of “reform of the century” also reflects the amazement at the happy “window of opportunity” in Austrian politics, which allowed the implementation of this long-awaited reform. This formulation should not, however, obscure the fact that the reform  of administrative judiciary in Austria was not a particular innovation in an international context: rather, it consisted in largely late adaptation to international standards, valid in other European countries many years earlier. Nevertheless, the reorganization of the legal protection system also includes changes which in fact constitute “new ground” in Austria. In the following parts of the study, after reviewing the historical development and the foundations and framework of the “new” administrative judiciary in organizational and procedural terms, the characteristics of the current system of legal protection in Austria are presented in more detail.
      PubDate: 2022-04-14
      DOI: 10.18778/0208-6069.98.03
      Issue No: Vol. 98 (2022)
       
  • The Administrative Judiciary Reforms in Hungary

    • Authors: Bea Éva Barsi-Fodor
      Pages: 55 - 72
      Abstract: The study deals with the reforms of the administrative judiciary in Hungary from the 1880s to the present day. The main part of the considerations is the analysis of the first Hungarian codification of administrative court proceedings – Act No. I of 2017 on administrative court proceedings, which is the result of only partially implemented intention of the legislator aimed at creating an administrative judiciary separate from the common judiciary, equipped with its own procedure and institutions. These plans have not been fully implemented to this day – judicial control of the administration (both before and now) has remained in the hands of common courts, and the 2017 Act retained the status of an act only partially independent of the Code of Civil Procedure, as in many the procedural law, the act refers to the provisions of the Code of Civil Procedure. Currently, judicial control of administration in Hungary is exercised by courts of two instances: in the first instance, they are adjudicated by either provincial courts by administrative chambers or, in cases provided for by law, by the Curia. The Curia adjudicates in second instance and on all matters of revision.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.04
      Issue No: Vol. 98 (2022)
       
  • The Administrative Judiciary Reforms in the Czech Republic

    • Authors: Pavel Kandalec
      Pages: 73 - 84
      Abstract: The present shape of the administrative judiciary in the Czech Republic is the result of events before January 1, 2003, when the present Supreme Administrative Court was established. This date is crucial, and everything that happened before it should be seen as elements of historical development of the administrative judiciary. Therefore, the study distinguishes two periods in the history of the development of the Czech administrative judiciary: 1) the activity of the Czechoslovak Supreme Administrative Court in 1918−1952 and 2) the activity of the administrative judiciary in 1992−2002. The next part of the study presents the current state of the Czech administrative judiciary, highlighting the importance of the judicial activity of the Supreme Administrative Court and the actions of the legislator aimed at eliminating the problem of overloading this court. The result of these actions by the legislator was the reform carried out in 2021, consisting in limiting access to the court of second instance in certain cases.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.05
      Issue No: Vol. 98 (2022)
       
  • The Administrative Judiciary Reforms in Croatia

    • Authors: Slavica Banić
      Pages: 85 - 105
      Abstract: The purpose of this study is to show that the 2010 Croatian administrative judiciary reform did not bring the expected results. As a result of the reform, the characteristic feature of judicial control of administration has changed − instead of resolving legal disputes as to the legality of an administrative act, unlimited judicial competence of administrative courts has been introduced. As a result of the reform, new institutions were introduced, such as: control of the legality of general acts, administrative contracts, judicial protection against actions and inactivity of the administration, etc. Moreover, the administrative judiciary was organized for the first time as two-instance. However, the Croatian administrative judiciary, despite introducing its full jurisprudence (unlimited jurisdiction), is still content with controlling the legality of administrative acts, and the way the courts interpret the provisions in the new legal status largely follows the patterns of the former socialist system – it is narrow, formalistic and purely literal, without taking into account the context or the specific circumstances of a given case. The main reason for this is the inadequate education and training of judges, the lack of their specialization and the reluctance of the Supreme Administrative Court itself to change the established patterns and practices valid in the old system conditions, to accept its new position and interpret the powers granted to it under the new, changed legal status.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.06
      Issue No: Vol. 98 (2022)
       
  • The Administrative Judiciary Reforms in Serbia

    • Authors: Ratko Radošević
      Pages: 107 - 120
      Abstract: Judicial control of the administration in Serbia has a long tradition of over 150 years. Initially, this control was exercised by the Council of State, organized according to French models. After World War II, all forms of administrative judiciary were abolished and reinstated as early as 1952, when the competence to resolve administrative disputes was entrusted to common courts, which adjudicated these cases in special chambers. The last phase of the development of administrative judiciary began anew with the creation of specialized judiciary, namely with the establishment of an administrative court in 2010. This court is no longer part of the administration, as it was before World War II, but part of the judicial system. Judicial control of administration is based on the constitutionally guaranteed right to a fair trial. This means that the administrative court decides within a reasonable time on the basis of the law and facts established in the course of a public hearing, and its judgment may be delivered in limited jurisdiction (resulting in a
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.07
      Issue No: Vol. 98 (2022)
       
  • The administrative judiciary reforms in Lithuania

    • Authors: Jurgita Paužaitė-Kulvinskienė
      Pages: 121 - 138
      Abstract: The study concerns the reforms of the administrative judiciary in Lithuania, starting from the interwar period, and the importance of prof. Mykolas Römeris, to modern times. The Lithuanian model of legal protection against actions of public administration is based on Art. 111 sec. 2 of the Lithuanian Constitution, which provides for the possibility of establishing specialized courts to hear administrative cases. Since 2001, this judiciary has two instances: it consists of district administrative courts as courts of first instance and the Supreme Administrative Court. It is part of the judicial system but is separate from the common and constitutional courts. The Lithuanian administrative judiciary is now considered to be very modern, taking into account progressive European trends. Its characteristic feature are, among others extensive forms of alternative settlement of public law disputes, such as pre-trial proceedings, settlement or mediation. The Lithuanian legislator, however, continues efforts to modernize it further. The subject of the current discussion is the reform of the appeal procedure, assuming an increase in the effectiveness of this procedure by introducing a filtering mechanism for complaints brought to the court of second instance.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.08
      Issue No: Vol. 98 (2022)
       
  • The administrative judiciary reforms in Ukraine

    • Authors: Larysa Zuieva
      Pages: 139 - 146
      Abstract: The history of the establishment of administrative judiciary in Ukraine dates back to the 19th century, but only after regaining independence did the process of its development begin. Administrative courts have only been envisaged in the Ukrainian Constitution as independent judicial organs since 2016, and the current system of these courts includes: the Supreme Court, appellate courts and district administrative courts. Proceedings before administrative courts are governed by the Code of Administrative Judiciary of Ukraine of 2005. The aim of the study is to present the challenges facing the Ukrainian administrative judiciary and to formulate postulates aimed at improving its functioning. The most important of these include ensuring the uniformity of the case law of the Supreme Court and modernizing the provisions on administrative proceedings.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.09
      Issue No: Vol. 98 (2022)
       
  • The establishment of the administrative judiciary in Georgia

    • Authors: Bidzina Sturua
      Pages: 147 - 160
      Abstract: The study concerns the Georgian administrative judiciary, which was shaped under the influence of European patterns. However, unlike in most European countries, Georgia has not established separate administrative courts – judicial control of the administration is exercised by common courts. The structure of these courts is three-tier and includes district (city) courts, courts of appeal and cassation courts, with adjudicating panels specialized in administrative cases. They adjudicate according to the principles set out in the Code of Administrative Procedure of Georgia adopted in 1999, which emphasizes the importance of the lawful rules of administrative court proceedings, such as the principle of impartiality of proceedings and equality before the law, independence and impartiality of the judiciary.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.10
      Issue No: Vol. 98 (2022)
       
  • The Administrative Judiciary’s Reform in Kazakhstan

    • Authors: Aiym Shajachmetova
      Pages: 161 - 170
      Abstract: The study concerns the reform of administrative judiciary in Kazakhstan, consisting in the organizational separation of administrative courts and shaping them as a system of courts with a three-tier structure. This change was accompanied by the codification of administrative court proceedings, which – unlike the method of legal regulation in European legal orders – consisted in regulating administrative court proceedings together with administrative proceedings in one legal act: the Code of Administrative Procedure of June 29, 2020 (effective from July 1, 2021). The characteristic features of Kazakh administrative court proceedings are the court’s efforts to resolve the matter as quickly as possible. To this end, the principle of an active role of the court was established with its broad obligations as regards the taking of evidence and judicial review of the execution of a judgment by an administrative authority. Within the court-administrative procedure, there are visible inspirations from the German act on administrative judiciary. This applies in particular to types of complaints and methods of amicable settlement of a court dispute. Due to the fact that the rules of judicial control of the administration were only developing in Kazakhstan, the court was equipped with far-reaching coercive measures. The presented analysis leads to the conclusion that the Kazakh code corresponds to the procedural standards established in Europe and it will certainly contribute to the consolidation of the rule of law in the Kazakh legal system which has only recently developed in this direction.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.11
      Issue No: Vol. 98 (2022)
       
  • The Administrative Judiciary Reforms in Poland

    • Authors: Marcin Kamiński
      Pages: 171 - 192
      Abstract: The study concerns the factors influencing the shape of the Polish administrative judiciary, ranging from their conceptual patterns in the interwar period to the present day. Therefore, the article presents the history of administrative judiciary reforms as well as the constitutional and statutory foundations of the Polish administrative judiciary and their most important changes. The following parts of the study discuss issues related to the structure and internal organization of administrative courts, their jurisdiction and the concept of “administrative court case” as the subject of proceedings before an administrative court. The basic principles of administrative court proceedings as well as the types and nature of court decisions, including their appealability, validity and enforceability, were also discussed. The last part highlights the challenges faced by the Polish administrative judiciary and the prospects for its further reforms.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.12
      Issue No: Vol. 98 (2022)
       
  • The Proposals of Administrative Judiciary Reforms in Poland

    • Authors: Anna Chmielarz-Grochal
      Pages: 193 - 208
      Abstract: The aim of the article is to present the basic assumptions of the reforms of the Polish administrative judiciary. The planned and implemented reforms concerned both the model of administrative judiciary system, as well as the model of adjudication and rules of procedure before administrative courts. The analysis of the implemented solutions, starting from the period of the Second Polish Republic, made it possible to formulate a thesis that the administrative judiciary was subject to evolutionary (developmental) reforms. The article mainly concerns systemic issues, as the creation of a separate, independent, two-instance administrative judiciary was a priority postulate for reforms initiated after Poland regained independence, which appeared in later reform proposals. As the analysis shows, this postulate was fully implemented after the entry into force of the Constitution of the Republic of Poland of 1997.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.13
      Issue No: Vol. 98 (2022)
       
  • The Protection of Legal Order by Administrative Courts

    • Authors: Tomasz Grzybowski, Marta Sarnowiec-Cisłak
      Pages: 209 - 220
      Abstract: The position of the administrative judiciary, as it has functioned since 2004, situates this institution not only as a guarantor of the legality of public authority action in a given case, but also of the coherence and functionality of the administrative law system as such. The protection of the legal order by administrative courts is naturally related to the issue of the stability of the judicial practice and the responsibility of the judge for the content of the ruling, and further to the effectiveness of the judicial-administrative application of the law. Thus, this issue is situated on the edge of different methodological planes, covering such threads of analysis as: the place and role of administrative courts in the modern legal order (constitutional-legal method), the procedural model of judicial application of law and its effectiveness (administrative-legal method), or theoretical and even ethical-legal aspects of judicial application of law. In the light of the decisional model of judicial application of law, the issue of care for legal order is revealed with particular force in the layer of validation and interpretation findings, which gives significant importance to the reasons for the justification, especially if one takes into account that the execution of the decision in principle remains outside the competence of the administrative court. Against this background authors pay attention on the relatively restrained use of reformatory powers and disciplinary measures by administrative courts, as a kind of last resort legal remedy. This allows to maintain thesis that administrative courts generally protect the legal order with the force of arguments rather than with the argument of force. On the other hand, they treat measures to ensure the certainty and effectiveness of decisions of judicial application of law as measures to protect the legal order.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.14
      Issue No: Vol. 98 (2022)
       
  • The Need to Define the Substantive Jurisdiction of Administrative Courts
           Through a General Clause

    • Authors: Weronika Szafrańska
      Pages: 221 - 236
      Abstract: The aim of the paper is to assess whether the amendment to Art. 3 of the Law on Proceedings Before Administrative Courts proposed in legal community, which consists in determining the material jurisdiction of administrative courts using the general clause method, is a good solution. The considerations were preceded by a short observation on the linguistic inaccuracies occuring in the discussed issues. Then, the historical process of shaping the two main methods of further specifying the material jurisdiction of courts is presented: general clause and enumeration. As the proposed changes to Polish regulations are based on solutions adopted in German administrative court proceedings, the article addresses the problems faced by judges of German administrative courts when applying the general clause. Its interpretation causes many problems and providing an insight into them may be a valuable source of information for the Polish legislator.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.15
      Issue No: Vol. 98 (2022)
       
  • The Right to Public Trial in Judicial Administrative Proceedings During
           the Covid-19 Pandemic

    • Authors: Magdalena Sieniuć
      Pages: 237 - 252
      Abstract: The aim of this article is to show the essence of the right to public trial in judicial administrative proceedings with a parallel analysis of the regulation contained in the Act of 2 March 2020 on special solutions connected with preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them together with defining its relation to the provisions of the Law on proceedings before administrative courts, and consequently answering the question whether the mechanism for taking account of the indicated protected values inscribed in this relationship deserves approval, or whether in the era of the COVID-19 pandemic an attempt should be made to find another solution creating a sui generis “conflict rule” serving to ensure protection of these prima facie mutually exclusive values. The considerations carried out have shown that with regard to the protection of human health and life, which stand highest in the hierarchy of values protected by the legislator, it is legitimate to limit the right to an open hearing of a judicial-administrative case in favour of the form of a non-public sitting (closed session). However, the condition supporting the admissibility of such a mechanism for taking account of the values indicated is the holding of a non-public sitting in compliance with the rules of a fair trial, guaranteeing an impartial and fair hearing of the judicial-administrative case.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.16
      Issue No: Vol. 98 (2022)
       
  • Changes in the Polish Administrative Judiciary (Selected Issues)

    • Authors: Maciej Dębski
      Pages: 253 - 272
      Abstract: The study presents an overview of the history of administrative judiciary in Poland and the current directions of its changes. In particular, the evolution of the scope of cognition of administrative courts, the progressing computerization process and the discussion on the model of adjudication were indicated. At the same time, the challenges related to the presented directions of changes were noticed and potential solutions were indicated that would help to face them. In conclusion, it was assumed that the development of administrative judiciary ensures respect for the individual’s subjective rights in relations with administrative bodies.
      PubDate: 2022-03-30
      DOI: 10.18778/0208-6069.98.17
      Issue No: Vol. 98 (2022)
       
 
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