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"ADMINISTRATIVE ACTIONS"
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Judicial Review of Foreign Administrative Action in Germany
Horizontal cooperation in EU law has created ‘transnational administrative acts’, whose legal effects unfold not only in the issuing Member State, but also in other Member States of the EU. The European legal system of horizontal cooperation and shared administration is increasingly dependent on the mutual recognition of foreign administrative acts. At the same time, however, territorial extension of the legal effects of these administrative acts limits the legal remedies available to the parties outside of the issuing state. In Germany, the issue of transnational administrative action has been studied extensively in legal science since the early 2000s. On the basis of selected case law from the reference areas ‘genetically modified organisms’, ‘pharmaceuticals’, ‘asylum, migration and visa’, ‘European driving licences’ ‘taxes’ and ‘social security’, the following analysis will present, how German courts treat foreign administrative acts with transnational effects. The study will be structured in line with the categorization of transnational administrative acts, which has emerged in German scholarly literature.
Journal Article
Litigation Against FDA in a Post-Chevron World
Recent changes to the composition of the Supreme Court have resulted in significant developments in administrative law. \"2 The Court also recently ruled that the six-year statute of limitations to bring a facial challenge to an agency regulation does not begin to run until the plaintiff is injured by the regulation.3 The practical effect of this ruling is that a party may bring a facial challenge to an agency regulation that was adopted decades ago if that party can show it was not injured by the regulation until less than six years ago.· As another example, the Supreme Court recently held that a statute that permits the Securities and Exchange Commission to use administrative law judges to adjudicate civil money penalty cases against persons the SEC accuses of fraud violates the Seventh Amendment right to a jury trial.5 As the dissent in that case noted, dozens of agencies use administrative proceedings to adjudicate civil money penalties, and the constitutionality of those proceedings \"may now be in peril. \"6 Indeed, as of December 8, 2024, Seventh Amendment challenges to FDA's administrative civil money penalty scheme have been filed in three federal district courts.7 But the Supreme Court's most significant recent decision in the field of administrative law is Loper Bright Enterprises у. \"14 Through various other statutes, Congress has authorized legal challenges to certain agency actions by filing a petition for review in the United States Court of Appeals for the D.C. Circuit or the petitioner's home circuit.15 Those statutes typically require the circuit court to apply the APA's \"arbitrary and capricious\" standard of review. 16 Although petitions brought under these statutes are not brought under the APA, administrative law practitioners consider them to fall within the field of \"APA litigation\" because courts hearing the cases apply the APA standard of review.
Journal Article
The Procedural Imperative: A Doctrinal Analysis of Minister of Defence and Military Veterans v Motau and Others (CCT 133/13) 2014 ZACC 18; 2014 (8) BCLR 930 (CC) (10 June 2014)
This manuscript undertakes a doctrinal analysis of the Constitutional Court’s judgment in minister of defence and military veterans v Motau and Others, examining its pivotal role in clarifying and reinforcing the principle of procedural fairness within the South African public sector. The study traces the historical evolution of administrative justice from the common law era to its constitutional entrenchment in the Promotion of Administrative Justice Act 3 of 2000 (PAJA). Through a critical assessment of the Motau judgment and a wide array of judicial precedents, this paper argues that the case significantly contributed to South African jurisprudence by affirming that procedural fairness can be a component of legality review for executive action, thereby extending due process beyond the strict confines of PAJA. This judgment clarifies the boundary between executive and administrative acts and underscores the absolute necessity of following statutory requirements within public sector operations. The implications for judicial review and the development of a more coherent and robust system of public accountability are thoroughly discussed.
Journal Article
Pathways to Planetary Health-oriented urban planning: Moving from silos to systems
The concept of Planetary Health is based on the premise that the vitality of ecosystems is fundamental to human health. It calls for a profound restoration of the relationship between humans and nature across all areas of society. Using the example of urban planning, we explore its
practical implications. We draw on normative principles derived from the integration of traditional Indigenous, spiritual, and modern bodies of knowledge and suggest pathways for systems thinking and integrated action in cities.
Journal Article
Prigovor kao pravni lijek prema Zakonu o općem upravnom postupku
In addition to resolving administrative matters in the administrative procedure, the Croatian General Administrative Procedure Act regulates five other types of subsidiary legal protection that are not decided by an administrative act. These are three types of administrative actions (initiating procedure ex officio by petition; notifications on the conditions for exercising and protecting rights; protection from other actions of public law bodies), actions of public service providers, as well as non-fulfillment of contractual obligations by public bodies (administrative contracts). As an instrument of legal protection with regard to the mentioned forms of administrative activity, an ordinary appellate procedure is envisaged – the complaint. The paper analyzes the legislative genesis of the mentioned additional institutes, the general regulatory framework related to complaints, as well as the provisions related to a particular type of complaint. Due to the significant differences between the five legal institutes to which the complaint relates, there are also certain differences between the types of complaints in their essential legal features. These features are compared horizontally, using legal-theoretical and normative criteria. In relation to all types of complaints, a judicial remedy is provided in the administrative dispute. Therefore, the specifics of this type of administrative disputes are also considered. In conclusion, among other issues, the procedural importance of complaint for the realization of the rights and legal interests of citizens and legal entities, and indirectly for the quality of administrative activities, is emphasized.
Journal Article
Implementation of a Systematic Accountability Framework in 2014 to Improve the Performance of the Nigerian Polio Program
Background. An accountability framework is a central feature of managing human and financial resources. One of its primary goals is to improve program performance through close monitoring of selected priority activities. The principal objective of this study was to determine the contribution of a systematic accountability framework to improving the performance of the World Health Organization (WHO)–Nigeria polio program staff, as well as the program itself. Methods. The effect of implementation of the accountability framework was evaluated using data on administrative actions and select process indicators associated with acute flaccid paralysis (AFP) surveillance, routine immunization, and polio supplemental immunization activities. Data were collected in 2014 during supportive supervision, using Magpi software (a company that provides service to collect data using mobile phones). A total of 2500 staff were studied. Results. Data on administrative actions and process indicators from quarters 2–4 in 2014 were compared. With respect to administrative actions, 1631 personnel (74%) received positive feedback (written or verbal commendation) in quarter 4 through the accountability framework, compared with 1569 (73%) and 1152 (61%) during quarters 3 and 2, respectively. These findings accorded with data on process indicators associated with AFP surveillance and routine immunization, showing statistically significant improvements in staff performance at the end of quarter 4, compared with other quarters. Conclusions. Improvements in staff performance and process indicators were observed for the WHO-Nigeria polio program after implementation of a systematic accountability framework.
Journal Article
Taxpayer Confidentiality Versus Access to Information, Freedom of Expression, and the Public Interest in the Tax Affairs of A State President
SummaryIt is trite that taxpayer information is confidential in South Africa, subject to a few narrow exceptions. In the judgments in Arena Holdings Pty Ltd t/a Financial Mail & Another v South African Revenue Service & Others (hereafter, the Arena cases), both the Gauteng Division, Pretoria and Constitutional Court considered the conflict between the taxpayer’s constitutional right to privacy and the media’s constitutional rights of access to information and freedom of expression after the press requested access to the tax records of a former president. In doing so, the courts were faced with many diverse contentions. This article analyses selected issues arising from these arguments in both courts, namely taxpayer confidentiality and the exceptions thereto, access to information and the extension of the public interest override, and the nature of the application and powers of the court in these unique circumstances. The analysis goes beyond the scope of the ratio decidendi of the respective courts and provides obiter comments on practical questions raised in the affidavits and heads of argument filed before both courts. It finds that there is no precise precedent in South African tax law jurisprudence that is directly applicable to this exact scenario and considers the proposed extension of existing legislation.
Journal Article
The Extent of Judicial Administrative Control the Power of the Administrative Court
The application of the principle of legality must meet various requirements dealing specifically with its extent or its reach in the administrative activity. The question that we will seek to answer in this paper is the following: with the entry into force of the Law on Administrative Courts and the start of the functioning of administrative courts on November 2013, how far extends Albanian judicial review? What are the limits of this control? What is the actual power of the Albanian administrative court? The Law on Administrative Courts has defined and directed the limits of judicial control over the legality of administrative actions towards three aspects: facts, time and discretionary power. Therefore, this paper aims to present an analysis of the different aspects that direct and limit the judicial review of administrative acts and which are: the reach of judicial review in the legal qualification of the facts, the reach of judicial review in time, and the reach of the judicial review in the exercise of discretionary power by the public administration.
Journal Article
PRIGOVOR KAO PRAVNI LIJEK PREMA ZAKONU O OPĆEM UPRAVNOM POSTUPKU
Uz žalbu u upravnom postupku, prigovor je drugi redoviti pravni lijek prema Zakonu o općem upravnom postupku. Prigovor pruža pravnu zaštitu na pet područja upravnog prava izvan upravnog postupka: kod triju vrsta upravnih postupanja (iniciranje pokretanja postupka po službenoj dužnosti, obavješćivanje o uvjetima ostvarivanja i zaštite prava, zaštita od drugih oblika postupanja javnopravnih tijela), kod postupanja pružatelja javnih usluga te kod neispunjavanja obveza koje javnopravno tijelo ima prema upravnom ugovoru. Osim razlika u materiji svakog od pet instituta kod kojih se prigovor primjenjuje, pojedine vrste prigovora razlikuju se po tome aktivira li se njihovim podnošenjem upravni postupak, jesu li remonstrativni ili devolutivni, koja im je svrha, po propisanim rokovima i dr. U odnosu na sve vrste prigovora sudska zaštita osigurana je u upravnom sporu.
Journal Article