Administrative jurisdiction

from Wikipedia, the free encyclopedia

The administrative jurisdiction includes the courts , in matters of administrative law , that the legal system of Public Administration (Administrative) decide.

term

Administrative jurisdiction ( English Administrative Justice ) appears in the first observation as a relatively clear concept, but includes a number of aspects that can be associated to the context or not. In general, the term encompasses the revision of the public administration in the higher authorities .

In some states the administrative jurisdiction is set up as a separate judicial branch, while other states do not have an independent administrative jurisdiction. In some cases, a review of administrative activities by independent courts is not provided at all. In addition to courts of law ( English court ) and tribunals ( English tribunal ), there are also other non-judicial tools in administrative jurisdiction, such as ombudsmen and mediations (which are also increasingly used in other branches of the court). In the sense of the acquis communautaire in a united Europe, for example, the concept of administrative courts is viewed relatively broadly.

As with constitutional jurisdiction, the independence of administrative jurisdiction in the sense of the separation of powers is essential to distinguish it from other forms of appeal. On the other hand, it is itself to a certain extent between the powers; they themselves belong to the judiciary , but the material object of their powers is the executive , just as the constitutional judiciary judges the legislature . This is what defines the special position of these two branches of justice.

National

  • In Germany, the control of the administration is predominantly incumbent on the courts of administrative, social and financial jurisdiction. This organization, peculiar to German administrative jurisdiction, differs significantly from the rest of Europe.
  • In Switzerland, the cantons and the federal government have each set up their own administrative courts or corresponding court departments and appeals committees.
  • France has a strictly specialized administrative judiciary, in three instances, with the Conseil d'État as the highest court. In addition to judicial competence, it also has the task of advising the government.
  • In Italy there are regional administrative courts of first instance, the second and last instance is the Council of State .
  • In English legal systems there are usually no separate administrative courts. In addition, the jurisdiction is in principle subordinate to the parliament (Concept of parliamentary sovereignty).

See also

literature

  • Susan Rose-Ackerman, Peter L. Lindseth: Comparative Administrative Law . Edward Elgar, 2011, ISBN 978-1-84844-642-7 ( content , e-elgar.com - USA, continental Europe, British Commonwealth supplemented by Latin America, Africa, Asia).
  • M. Asimow: The Administrative Judiciary: ALJs in Historical Perspective. In: Journal of the National Association of Administrative Law Judges. 20, 157, 2000.
  • Peter Cane: Administrative Tribunals and Adjudication. Hart Publishing, 2009.
  • Roland Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . Working Paper submitted for the Twinning Project Support to more efficient, effective and modern operation and functioning of the Administrative Court of the Republic of Croatia . University of Salzburg, November 2007 ( (pdf) , upravnisudrh.hr).

For further literature see Comparative Administrative Law. ( Memento from June 19, 2010 in the Internet Archive ) (PDF; 22 kB). Seminar 3 The Institutions of Administrative Justice: Courts, Agencies and Tribunals. P. 2 (PDF, law.yale.edu, review of the course P. Cane)

Web links

Individual evidence

  1. ^ R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, Chapter IA Scope of Administrative Justice , p. 5 . : "At first glance, the term" Administrative Justice "may appear clear enough. There are, however, several phenomena that may or may not be meant to be included, depending on the respective context. "
  2. ^ R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, Chapter A. Scope of Administrative Justice , p. 5 . : "The processes of administrative review by the administrative authority of higher tier usually fall beyond the scope of Administrative Justice."
  3. ↑ a b The definition of a court itself is also quite different; for Europe, for example, a court of justice is seen broadly as any formally independent authority that decides conflict on the basis of legal standards R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, Chapter III. B. The definition of “court” , p. 9 . : "Under Art 234 ECT and Art 35 EUT, a" court "[...] is defined broadly as any formally independent authority deciding a dispute based on legal standards."
  4. ^ R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, Chapter IA Scope of Administrative Justice , p. 5 .
  5. ^ S. Rose-Ackerman, PL Lindseth: Comparative Administrative Law . 2011, Part III: Administrative Independence and p. 25; Peter Cane: Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals .
  6. ^ R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, Chapter II.B. Position in the separation of powers , p. 6 .
  7. ^ R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, chapter IC Concepts , p. 7 .
  8. ^ A b R. Winkler: Administrative Justice in Europe: The EU Acquis, good practice and recent developments . 2007, chapter IC Concepts , p. 6 .
  9. ↑ Internet presence of the Italian administrative judiciary