Week 7: International Law Reception

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Questions and Answers

Which of the following could be a reason to refuse access to documents according to Relative Exceptions?

  • Public interest in transparency
  • Requests made by governmental bodies
  • Legal advice and court proceedings (correct)
  • General requests for information

What is a critical component of administrative law that fosters trust and accountability?

  • Discretion in governmental decision-making
  • Public participation without limits
  • The duty to give clear reasons for decisions (correct)
  • Belief in the infallibility of the government

Which principle addresses the content of administrative decisions rather than the decision-making process?

  • Substantive Principles (correct)
  • Legitimacy of Process
  • Transparency
  • Good Administration

What must decision-makers ensure regarding their decisions under Substantive Principles?

<p>Alignment with the limits of government powers (A)</p> Signup and view all the answers

What characteristic is associated with Tax Law in terms of discretionary power?

<p>Strict control by law with limited discretion (D)</p> Signup and view all the answers

What safeguard allows challenges against unreasonable decisions made by public administration?

<p>Judicial enforcement of decision legality (B)</p> Signup and view all the answers

Which principle ensures that the administration cannot act arbitrarily?

<p>Legal Boundaries (D)</p> Signup and view all the answers

What is a notable origin of the general principles of administrative law?

<p>Case law developed over time (D)</p> Signup and view all the answers

Which aspect does Administrative Law primarily focus on ensuring within public administration?

<p>Fairness, legality, and reasonableness (D)</p> Signup and view all the answers

What is the primary purpose of general principles of administrative law?

<p>To limit discretion and prevent power abuse (B)</p> Signup and view all the answers

In the event of overriding public interest, which Relative Exception can be overridden?

<p>Purpose of investigations or inspections (A), Protection of commercial interests (D)</p> Signup and view all the answers

In land-use planning, what aspect distinguishes it from Tax Law?

<p>Greater opportunity for subjective interpretation (C)</p> Signup and view all the answers

Which of the following statements about governmental powers is true?

<p>Limits are established by laws and must be enforced. (C)</p> Signup and view all the answers

How do the general principles of administrative law contribute to fairness in decisions?

<p>By offering overarching guidelines for accountability (D)</p> Signup and view all the answers

What role do fundamental rights play in administrative decision-making?

<p>They ensure the rights of affected individuals are respected (C)</p> Signup and view all the answers

What is a consequence of the misuse of discretionary power in administrative law?

<p>Lack of legal accountability for officials (C)</p> Signup and view all the answers

What element is not required for a breach to be established?

<p>A minimum level of gravity. (C)</p> Signup and view all the answers

Which type of breach involves a state's failure to act when required?

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

In which circumstance can a state's action potentially be justified as not wrongful?

<p>With the consent of the affected party. (B)</p> Signup and view all the answers

Which article allows a state to take countermeasures in response to a breach?

<p>Article 22 (D)</p> Signup and view all the answers

Which of the following is a necessary criterion for self-defence actions to be justified?

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

What must a state do upon establishing its responsibility for a breach?

<p>Cessate the wrongful act. (A)</p> Signup and view all the answers

What does 'force majeure' refer to in the context of breaches?

<p>Irresistible events causing breaches beyond a state's control. (B)</p> Signup and view all the answers

Which action is considered a consequence of establishing international responsibility?

<p>Cessation of the wrongful act. (B)</p> Signup and view all the answers

What is one of the main functions of the state in contemporary society?

<p>Providing essential public goods and services (C)</p> Signup and view all the answers

Which of the following is NOT a key topic in administrative law?

<p>Taxation Policies (A)</p> Signup and view all the answers

What does 'Judicial Protection' in administrative law ensure?

<p>Individuals can challenge administrative actions in court (A)</p> Signup and view all the answers

Which of the following reflects the scope of authority held by administrative bodies?

<p>Competences to act on behalf of the state (D)</p> Signup and view all the answers

What is the purpose of 'Procedural Rules' for administrative authorities?

<p>To ensure lawful, fair, and transparent actions (B)</p> Signup and view all the answers

What is a 'Factual Act' in the context of public administration?

<p>An administrative action aimed at policy objectives (A)</p> Signup and view all the answers

How does legislative empowerment affect administrative bodies?

<p>It allows them to make decisions and implement policies (A)</p> Signup and view all the answers

What type of acts can administrative bodies perform according to their powers?

<p>Both juridical and factual acts (B)</p> Signup and view all the answers

Which statement accurately describes the concept of monism and dualism in international law?

<p>Monism recognizes international law as directly applicable, while dualism necessitates domestic legislation for enforcement. (B)</p> Signup and view all the answers

What distinguishes a 'self-executing obligation' in international law?

<p>It is automatically enforceable without the need for domestic legislative action. (B)</p> Signup and view all the answers

What essential feature separates the enforcement of international law from international dispute settlement?

<p>Enforcement is about following legal orders, whereas dispute settlement is about resolving conflicts. (A)</p> Signup and view all the answers

In which aspect does the international legal system differ most significantly from domestic systems?

<p>Sovereignty of states leads to decentralization and a lack of binding authority. (A)</p> Signup and view all the answers

What role does the UN Security Council play in enforcing international law?

<p>It enforces collective security measures and sanctions if states consent. (B)</p> Signup and view all the answers

Which of the following accurately describes the principle of consent within the context of international law?

<p>States create obligations through treaties only when they voluntarily agree to the terms. (A)</p> Signup and view all the answers

What characteristic defines the distinctions between diplomatic and judicial methods of international dispute settlement?

<p>Diplomatic methods rely on negotiation and compromise, while judicial methods rely on binding resolutions. (B)</p> Signup and view all the answers

How is a 'dispute' legally defined in the context of international law?

<p>A difference in opinion between states regarding treaty interpretation or obligations. (A)</p> Signup and view all the answers

Which of the following statements about provisional measures under Article 41 of the ICJ Statute is correct?

<p>They are aimed at preserving the rights of the parties until a court decision is made. (B)</p> Signup and view all the answers

What is a critical requirement for a third party to intervene in an ICJ case?

<p>The legal interests of the third party must be affected by the Court's decision. (D)</p> Signup and view all the answers

Under what conditions can counterclaims be raised in the ICJ?

<p>Only if there is a jurisdictional connection to the original dispute. (B)</p> Signup and view all the answers

What is the effect of res judicata in an ICJ judgment?

<p>It is binding only between the parties involved in that specific case. (C)</p> Signup and view all the answers

Which of the following best describes the nature of compliance with ICJ judgments?

<p>Compliance often requires further actions or negotiations. (B)</p> Signup and view all the answers

What distinguishes preliminary objections in ICJ proceedings?

<p>They challenge the jurisdiction or admissibility of the case before substantive issues are addressed. (C)</p> Signup and view all the answers

What must be established to issue provisional measures according to the ICJ Statute?

<p>There must be prima facie jurisdiction and a plausible case. (B)</p> Signup and view all the answers

Which language(s) are ICJ judgments delivered in?

<p>In English or French, as per the ICJ's official language policy. (D)</p> Signup and view all the answers

Flashcards

International Law Application

How international legal rules are used within a country's legal system.

Monism

International law and domestic law are part of one system, automatically incorporated into national law.

Dualism

International law and domestic law are separate systems; international law must be transformed into domestic law to be applied.

Self-Executing Obligation

An international obligation that can be directly enforced within a country without needing further domestic legislation.

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Enforcement of International Law

The ways international law is made sure to be respected by States.

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International Dispute Settlement

Process for resolving disagreements between states using diplomacy, arbitration, or other methods.

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International Dispute

Disagreement or conflict between states, recognized according to international law.

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Diplomatic vs Judicial Dispute Settlement

Methods used during international conflict dispute to either resolve the differences between countries without or with courts.

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Breach of Obligation

A violation of an international legal obligation by a state.

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Timing of Breach

The state must be bound by the obligation at the time of the breach.

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Circumstance Precluding Wrongfulness

Certain situations that can make a wrongful act not wrongful, but don't eliminate damage.

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Consent (Article 20)

A state's actions aren't wrongful if the affected party agrees to them.

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Self-Defense (Article 21)

A state can defend itself from an armed attack, but it must be necessary, proportionate, and immediate.

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Countermeasures (Article 22, 49-54)

Temporary actions taken by a state to get another to follow its obligations, proportional to the injury.

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Force Majeure(Article 23)

Unforeseen, irresistible event beyond a state's control causing breach.

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Cessation of wrongful act (Article 30(a))

State must stop wrongful behavior and ensure future actions won't repeat the offense.

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Provisional Measures

Temporary actions taken by the ICJ to prevent harm before a final judgment. These measures are designed to protect the rights of the parties involved in the case.

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Intervention (Third States)

Third parties can become involved in a case at the ICJ if their legal interests could be affected by the Court's decision.

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Jurisdictional Connection

For the ICJ to allow a counterclaim, it must be directly linked to the original dispute in terms of both the facts and the law.

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Binding Judgment

The ICJ's judgment is legally binding on the parties involved in the specific case, but it's not automatically applicable to other parties or situations.

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Res Judicata

A legal principle that prevents the same issue from being repeatedly brought before a court. It applies to the ICJ's judgments, meaning they are final and cannot be revisited.

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Implementation

Putting the ICJ's judgment into practice often involves further steps, like negotiations, reparations, or redrawing borders, and depends on the willingness of the parties to comply.

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Prima Facie Jurisdiction

A preliminary assessment by the ICJ indicating that they have the legal authority to hear a case, based on initial information.

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Plausible Case

A request to the ICJ must have some basis in reality or evidence to be considered valid.

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Contemporary Role of the State

The state is a central player in modern society, providing public goods and services like welfare, healthcare, and infrastructure to ensure citizens' well-being.

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Administrative Law

A branch of law that regulates the activities of administrative agencies and their interactions with the public, ensuring fairness and transparency.

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Administrative Authorities

Entities and individuals responsible for carrying out the functions of the state, such as government departments and their officials.

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Powers of Administrative Authorities

The range and limitations of authority given to administrative bodies, including making rules, enforcing laws, and making decisions.

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Procedural Rules in Administrative Law

Guidelines that administrative authorities must follow to ensure their actions are lawful, fair, and transparent.

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Substantive Requirements in Administration

Specific legal standards that public authorities must adhere to in their decision-making processes to ensure consistency, fairness, and legality.

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Judicial Protection in Administrative Law

Mechanisms for individuals to challenge administrative actions in court, protecting their rights and ensuring compliance with legal standards.

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Legislative Empowerment

The legislature grants administrative bodies the authority to make decisions and implement policies.

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Administrative Discretion

The ability of government bodies to make decisions based on a range of factors, including public interest and goals, rather than just strict legal rules.

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Legal Boundaries

The limits and conditions set by laws that government bodies must follow when making decisions.

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Respect for Fundamental Rights

The requirement for government bodies to consider and safeguard the basic rights of individuals when making decisions.

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General Principles of Administrative Law

Broad guidelines that ensure fairness, transparency, and accountability in government decision-making, alongside specific laws.

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Origin of General Principles of Administrative Law

These principles evolved from court decisions over time, aiming to prevent abuse of power by government bodies.

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Codification of General Principles of Administrative Law

The process of writing these principles into law, making them more clear and accessible.

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Purpose of General Principles

To control government actions, prevent abuse of power, and protect the rights of individuals.

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Safeguarding Against Misuse of Power

These principles help ensure that government's power is used fairly and responsibly, preventing harm to individuals.

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Relative Exceptions (Art. 4(2))

Access to information can be limited if it could harm commercial interests, legal processes, or inspections. However, public interest can override these limitations.

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Overriding Public Interest

When the benefits of disclosing information outweigh the potential harm to protected interests, like commercial secrecy or legal proceedings.

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Substantive Principles

These principles ensure that administrative decisions are not only made fairly but also have legal and reasonable content. They focus on the content of the decision, not just the process.

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Motivation (Substantive Principle)

Administrative decisions must be grounded in valid reasons and legal justification. They should not exceed the powers granted to the government.

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Challenging Unreasonable Decisions

The public has the right to challenge administrative decisions that are wrong, unfair, or unreasonable, ensuring that government power is used within legal limits.

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Limits of Governmental Powers

Governments must operate within legal boundaries set by laws and regulations. Courts ensure that government actions don't become arbitrary or tyrannical.

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Public Administration

The system of government organizations and officials that carry out the policies and services of the state.

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Fairness, Accountability, and Transparency

These core principles ensure that public administration operates with openness, honesty, and impartiality, building trust with citizens.

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Study Notes

  • International law is often applied through state organs.
  • Monism and dualism are relevant distinctions in how international law is implemented domestically. Monism views international law as directly applicable domestic law whilst dualism treats international and domestic law as distinct.
  • A self-executing obligation is automatically applicable in domestic legal systems.
  • Enforcement of international law and international dispute settlement are related but distinct concepts. Dispute settlement involves processes for resolving disagreements; enforcement enforces compliance.
  • A dispute is a disagreement over legal facts or points needing legal resolution.

International Law: Do States Obey?

  • Louis Henkin argues that nearly all nations observe almost all principles of international law almost all of the time.

  • Humphrey Waldock states that international law is commonly observed.

  • IWeek 7: Reception of International Law in Domestic Legal Orders

    • International law is often applied through state organs.
    • Monism and dualism are relevant distinctions in how international law is implemented domestically. Monism views international law as directly applicable domestic law whilst dualism treats international and domestic law as distinct.
    • A self-executing obligation is automatically applicable in domestic legal systems.
    • Enforcement of international law and international dispute settlement are related but distinct concepts. Dispute settlement involves processes for resolving disagreements; enforcement enforces compliance.
    • A dispute is a disagreement over legal facts or points needing legal resolution.

    International Law: Do States Obey?

    • Louis Henkin argues that nearly all nations observe almost all principles of international law almost all of the time.
    • Humphrey Waldock states that international law is commonly observed.
    • International law is regularly applied, with treaties binding in good faith (Article 26 VCLT).
    • A state cannot invoke internal law to justify failing to perform a treaty (Article 27 VCLT).
    • Conditions for applying international law are determined by domestic legal orders, including bringing domestic laws into conformity, adopting new regulations, and domestic law obligations.
    • International law's impact is more on the results of domestic implementation.

    Theoretical Approaches to International Law

    • Monism: International and domestic law are considered one system, with international law supreme.
    • Dualism: International and domestic law are separate systems, with domestic law supreme. International law needs to be transformed into domestic law to be applicable.
    • Modern perspective: Dualism is less relevant now; international norms can directly apply to individuals.

    Application of International Law: Self-Executing Norms

    • Self-executing norms directly apply in domestic legal systems.

    Ensuring Compliance

    • Enforcement mechanisms guarantee international law application against state will.
    • Dispute-settlement processes resolve legal disputes between states or IOs (international organizations).

    Enforcement of International Law

    • Legal rules on state responsibility are part of enforcement mechanisms.
    • Collective enforcement mechanisms, including countermeasures and use of force.
    • Self-help measures like countermeasures and force are other enforcement mechanisms.

    Meaning of a Dispute

    • A disagreement over legal points or evidence requiring legal resolution.

    UN Charter and Dispute Settlement

    • The UN Charter emphasizes peaceful dispute resolution.
    • Chapters 6 and 8 of the Charter detail procedures for resolving disputes peacefully.

    Diplomatic Methods

    • Negotiation: Direct discussion without a third party.
    • Good Offices: Third parties encourage agreement.
    • Mediation: Third parties facilitate discussions.
    • Inquiry: Fact-finding into circumstances.
    • Conciliation: Impartial assessment and proposed settlement terms.
    • Arbitration: Ad hoc tribunals based on international law.
    • International Court of Justice (ICJ): Principal judicial organ of the UN for settling disputes and providing advisory opinions.
    • Other courts and tribunals include UNCLOS, WTO, and international investment tribunals.

    Week 8: International Responsibility and Sanctions

    • Circumstances Precluding Wrongfulness: Conditions for violations not considered wrong in international law. Includes self-defence, force majeure, distress, necessity, consent, and countermeasures.
    • Shared Responsibility: Responsibility for violations, including situations where multiple actors share culpability. Examples can help clarify situations where shared responsibility is in place.
    • Responsibility of International Organizations: Conditions under which international organizations may be held responsible under international law.
    • Sanctions vs. Countermeasures: Differentiating the various responses to international misconduct.
    • UN Security Council (UNSC) Practice: How the UNSC has developed in their use of sanctions.
    • Aggravated Responsibility: Specific circumstances where responsibility for violations are increased.

    Week 9: International Courts and Tribunals

    • International courts are exceptional, not the default.
    • Third-party adjudication (external body makes the final decision)
    • Courts don't cover everything (focus on legal, not political).
    • Courts often limited or costly (e.g. access issues, high expenditure).
    • International Court of Justice (ICJ): Primary judicial organ.

    Week 10: The Role of the State Throughout History

    • The state's role has evolved significantly across time, influenced by economic, social, and political factors.
    • 19th century: Law and order and territorial defence.
    • Post-Industrial Revolution: Public services, citizen rights, and wealth distribution.
    • Contemporary: Essential public goods, welfare programs, citizen needs.

    Week 11: General Principles of Administrative Law

    • Administrative law: Regulates government actions, clarifying their powers, duties, and responsibilities.
    • Important topics, including administrative bodies, powers, procedural rules, substantive requirements, and judicial protection.

    Week 12: Procedural and Substantive Principles

    • Substantive Principles: Fairness and legality of administrative decision content
    • Procedural issues like the rule of law, transparency, and access. A duty to justify decisions is crucial.
    • The importance of the principle of legal certainty in administrative decision-making: Rules and decision-making processes must be predictable, clear and accessible
    • Procedural Principles: Ensuring fair processes, transparency, and access to justice.
    • Specific Principles: Proportionality, and legitimate expectations, and the precautionary principles
    • The Rule of Law, in EU context, ensures accountability of administrative action

  • Conditions for applying international law are determined by domestic legal orders, including bringing domestic laws into conformity, adopting new regulations, and domestic law obligations.

  • International law's impact is more on the results of domestic implementation.

Theoretical Approaches to International Law

  • Monism: International and domestic law are considered one system, with international law supreme.
  • Dualism: International and domestic law are separate systems, with domestic law supreme. International law needs to be transformed into domestic law to be applicable.
  • Modern perspective: Dualism is less relevant now; international norms can directly apply to individuals.

Application of International Law: Self-Executing Norms

  • Self-executing norms directly apply in domestic legal systems.

Ensuring Compliance

  • Enforcement mechanisms guarantee international law application against state will.
  • Dispute-settlement processes resolve legal disputes between states or IOs (international organizations).

Enforcement of International Law

  • Legal rules on state responsibility are part of enforcement mechanisms.
  • Collective enforcement mechanisms, including countermeasures and use of force.
  • Self-help measures like countermeasures and force are other enforcement mechanisms.

Meaning of a Dispute

  • A disagreement over legal points or evidence requiring legal resolution.

UN Charter and Dispute Settlement

  • The UN Charter emphasizes peaceful dispute resolution.
  • Chapters 6 and 8 of the Charter detail procedures for resolving disputes peacefully.

Diplomatic Methods

  • Negotiation: Direct discussion without a third party.
  • Good Offices: Third parties encourage agreement.
  • Mediation: Third parties facilitate discussions.
  • Inquiry: Fact-finding into circumstances.
  • Conciliation: Impartial assessment and proposed settlement terms.
  • Arbitration: Ad hoc tribunals based on international law.
  • International Court of Justice (ICJ): Principal judicial organ of the UN for settling disputes and providing advisory opinions.
  • Other courts and tribunals include UNCLOS, WTO, and international investment tribunals.

Week 8: International Responsibility and Sanctions

  • Circumstances Precluding Wrongfulness: Conditions for violations not considered wrong in international law. Includes self-defence, force majeure, distress, necessity, consent, and countermeasures.
  • Shared Responsibility: Responsibility for violations, including situations where multiple actors share culpability. Examples can help clarify situations where shared responsibility is in place.
  • Responsibility of International Organizations: Conditions under which international organizations may be held responsible under international law.
  • Sanctions vs. Countermeasures: Differentiating the various responses to international misconduct.
  • UN Security Council (UNSC) Practice: How the UNSC has developed in their use of sanctions.
  • Aggravated Responsibility: Specific circumstances where responsibility for violations are increased.

Week 9: International Courts and Tribunals

  • International courts are exceptional, not the default.
  • Third-party adjudication (external body makes the final decision)
  • Courts don't cover everything (focus on legal, not political).
  • Courts often limited or costly (e.g. access issues, high expenditure).
  • International Court of Justice (ICJ): Primary judicial organ.

Week 10: The Role of the State Throughout History

  • The state's role has evolved significantly across time, influenced by economic, social, and political factors.
  • 19th century: Law and order and territorial defence.
  • Post-Industrial Revolution: Public services, citizen rights, and wealth distribution.
  • Contemporary: Essential public goods, welfare programs, citizen needs.

Week 11: General Principles of Administrative Law

  • Administrative law: Regulates government actions, clarifying their powers, duties, and responsibilities.
  • Important topics, including administrative bodies, powers, procedural rules, substantive requirements, and judicial protection.

Week 12: Procedural and Substantive Principles

  • Substantive Principles: Fairness and legality of administrative decision content
  • Procedural issues like the rule of law, transparency, and access. A duty to justify decisions is crucial.
  • The importance of the principle of legal certainty in administrative decision-making: Rules and decision-making processes must be predictable, clear and accessible
  • Procedural Principles: Ensuring fair processes, transparency, and access to justice.
  • Specific Principles: Proportionality, and legitimate expectations, and the precautionary principles
  • The Rule of Law, in EU context, ensures accountability of administrative actions

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