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Questions and Answers
What is the primary focus of administrative law's subjective approach?
What is the primary focus of administrative law's subjective approach?
Which characteristic of public administration emphasizes its role as an extension of the state?
Which characteristic of public administration emphasizes its role as an extension of the state?
What does substantive administrative law primarily define?
What does substantive administrative law primarily define?
Which of the following is NOT considered a source of administrative law?
Which of the following is NOT considered a source of administrative law?
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What type of sanction includes measures such as the confiscation of property?
What type of sanction includes measures such as the confiscation of property?
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Which characteristic describes the nature of norms in administrative law?
Which characteristic describes the nature of norms in administrative law?
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The unequal power dynamic in administrative law indicates that:
The unequal power dynamic in administrative law indicates that:
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Which of the following aspects adds a political dimension to administrative law?
Which of the following aspects adds a political dimension to administrative law?
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What is the primary objective of administrative procedure?
What is the primary objective of administrative procedure?
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Which stage is NOT part of the process in the First Instance of administrative procedure?
Which stage is NOT part of the process in the First Instance of administrative procedure?
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What principle ensures that enforcement measures in administrative proceedings are tailored to the violation committed?
What principle ensures that enforcement measures in administrative proceedings are tailored to the violation committed?
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Which of the following is an example of a non-monetary enforcement measure?
Which of the following is an example of a non-monetary enforcement measure?
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Which of the following statements regarding the obligation to enforce administrative decisions is true?
Which of the following statements regarding the obligation to enforce administrative decisions is true?
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What is one key characteristic of administrative procedures?
What is one key characteristic of administrative procedures?
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How long does an individual have to appeal a decision within the control of the procedure?
How long does an individual have to appeal a decision within the control of the procedure?
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Which principle encourages trust in authorities as part of the administrative procedure?
Which principle encourages trust in authorities as part of the administrative procedure?
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What term describes the requirement for authority to provide notice before implementing enforcement measures?
What term describes the requirement for authority to provide notice before implementing enforcement measures?
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Study Notes
Administrative Law
- Administrative law governs public administration organization and operation.
- It has two approaches:
- Subjective: Focuses on administrative organization and personnel.
- Objective: Deals with administrative processes for public good.
- Public administration characteristics:
- Acts on behalf of state; has state coercion power.
- Functions include order/rationing, administration/service, and management.
- Legally bound, executive nature, continuous, and politically influenced.
Division of Administrative Law
- Institutional law: Governs administrative entity organization.
- Substantive law: Defines rights, duties, and obligations.
- Formal law: Sets procedures for administrative actions.
Sources of Administrative Law
- Normative sources: Statutes, regulations, and local laws.
- Internal sources: Internal regulations and directives within administrative bodies.
Sanctions in Administrative Law
- Criminal sanctions: Fines, disciplinary actions.
- Enforcement measures: Property confiscation, monetary enforcement.
- Other sanctions: License withdrawal, preservation orders.
Characteristics of Administrative Law
- Regulatory object: Manages public administration.
- Active/passive entities: Involves administrative bodies and individuals.
- Inequality of parties: Administration has greater authority.
- Mandatory norms: Binding regulations.
- Imperative actions: Binding administrative decisions.
- Multiple sources: Derives from various legal documents.
- Judicial oversight: Decisions subject to court review.
- Public good orientation: Aims to benefit society.
- Politicization: Influenced by political priorities.
Administrative Procedure
Characteristics
- Legal framework: Admin procedure follows specific rules and regulations.
- Public authority involvement: Involves government agencies or municipalities.
- Decision-centric: Aims to issue legally binding decisions.
- Non-uniformity: Procedures vary significantly based on situation.
Stages of Procedure
- First instance: Case initiation, explanatory proceedings, decision issuance.
- Procedure control: Appeal, complaint (within timeframes), reopening, revocation/amendment, declaration of invalidity.
Principles of Administrative Procedure
- Rule of law, objective truth, citizens' interests, trust in authorities.
- Legal assistance, active participation, persuasion/education.
- Efficiency, simplicity, encouraging settlement, written documentation.
- Two-instance review, decision stability, and judicial control.
Enforcement Proceedings
Enforcement Entities
- Financial: Tax offices for taxation enforcement, local governments for local matters.
- In kind: Voivodes (regional authorities) and local authorities for local enforcement and administering decisions.
Principles
- Obligation to enforce administrative decisions.
- Exclusivity of enforcement measures.
- Necessity and proportionality in enforcement.
- Prior warning before enforcement.
- Independence from criminal sanctions.
Enforcement Measures (Monetary and Non-Monetary)
- Monetary: Wage garnishment, account seizure, property sale.
- Non-Monetary: Fines, substitute actions, item seizure, direct coercion.
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Description
This quiz explores the fundamental concepts of administrative law, including its two primary approaches: subjective and objective. Learn about the characteristics, divisions, and sources of administrative law, as well as the sanctions that are imposed. Test your knowledge of how public administration operates within the legal framework.