Administrative Law Overview

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Questions and Answers

What is the primary focus of administrative law's subjective approach?

  • Compliance with legal norms
  • Public service delivery to citizens
  • Organization and personnel of the administration (correct)
  • Influence of political directives

Which characteristic of public administration emphasizes its role as an extension of the state?

  • Legally Bound
  • Continuity and Stability
  • Acting on Behalf of the State (correct)
  • Political Nature

What does substantive administrative law primarily define?

  • Procedures for judicial oversight
  • Rights, duties, and obligations (correct)
  • Statutes governing public administration
  • Organization of administrative entities

Which of the following is NOT considered a source of administrative law?

<p>Advisory Opinions (B)</p> Signup and view all the answers

What type of sanction includes measures such as the confiscation of property?

<p>Enforcement Measures (C)</p> Signup and view all the answers

Which characteristic describes the nature of norms in administrative law?

<p>Mandatory Norms (C)</p> Signup and view all the answers

The unequal power dynamic in administrative law indicates that:

<p>The administration possesses greater authority than individuals (D)</p> Signup and view all the answers

Which of the following aspects adds a political dimension to administrative law?

<p>Politicization (B)</p> Signup and view all the answers

What is the primary objective of administrative procedure?

<p>To create binding administrative decisions (B)</p> Signup and view all the answers

Which stage is NOT part of the process in the First Instance of administrative procedure?

<p>Complainant rebuttal (A)</p> Signup and view all the answers

What principle ensures that enforcement measures in administrative proceedings are tailored to the violation committed?

<p>Necessity and proportionality (C)</p> Signup and view all the answers

Which of the following is an example of a non-monetary enforcement measure?

<p>Fines (B)</p> Signup and view all the answers

Which of the following statements regarding the obligation to enforce administrative decisions is true?

<p>There is a legal duty to enforce valid administrative decisions. (A)</p> Signup and view all the answers

What is one key characteristic of administrative procedures?

<p>They vary significantly by case and authority involved. (D)</p> Signup and view all the answers

How long does an individual have to appeal a decision within the control of the procedure?

<p>14 days (D)</p> Signup and view all the answers

Which principle encourages trust in authorities as part of the administrative procedure?

<p>Building trust in authorities (B)</p> Signup and view all the answers

What term describes the requirement for authority to provide notice before implementing enforcement measures?

<p>Prior warning (D)</p> Signup and view all the answers

Flashcards

What is Administrative Law?

Administrative law is a branch of public law that regulates government agencies, their structure, and how they function. It focuses on two main aspects: ensuring proper administration and achieving public benefits.

Subjective Approach to Administrative Law

This approach emphasizes the organization and structure of administrative bodies, including staffing and management.

Objective Approach to Administrative Law

This approach focuses on the processes used by administrative bodies to achieve desired public outcomes.

What is the purpose of Administrative Law?

Administrative law governs the organization and operation of government bodies, ensuring they function efficiently and fairly.

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Public Administration Acts on Behalf of the State

Public administration is an extension of the state, acting on its behalf to implement policies and provide services.

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Public Administration Has State Coercion

Administrative bodies have the power to enforce compliance with legal norms, using coercive measures when necessary.

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Substantive Administrative Law

Administrative law covers both individual and collective rights, obligations, and duties that arise from the interaction between individuals and the administration.

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Formal Administrative Law

Formal administrative law sets out the specific procedures and processes that administrative bodies must follow in their operations.

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Administrative Procedure

Administrative procedure is a set of rules and regulations that determine how public authorities (e.g., government agencies) make decisions and carry out their functions.

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Legal Framework

The legal framework for administrative procedure outlines the specific rules and standards that public authorities must follow.

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Involvement of Public Authority

Involvement of a public authority (e.g., government agency) is essential for the decision-making process in administrative procedure.

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Decision-Centric

Administrative procedure is primarily focused on issuing legally valid and binding decisions, such as permits, licenses, or fines.

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Non-Uniformity

Administrative procedures are not the same everywhere. They vary based on the specific administrative act, the authority involved, and the applicable legal framework.

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First Instance

This stage involves the initiation of a case, gathering information, and reaching a decision.

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Control of the Procedure

The control phase allows for reviewing and potentially changing decisions or addressing procedural issues.

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Rule of Law

The 'rule of law' principle ensures that all actions are based on the law and legal procedures.

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Objective Truth

Authorities must strive for objectivity and accuracy when gathering information and making decisions.

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Consideration of Citizens' Interests

It is crucial to consider how decisions affect the rights and interests of individuals.

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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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