Administrative law and process最新文献

{"title":"WHEN IS AN ADMINISTRATIVE ACT AN ADMINISTRATIVE ACT? REQUIREMENTS FOR A DECISION IN AUSTRIA","authors":"Peter Chvosta","doi":"10.17721/2227-796x.2019.3.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2019.3.05","url":null,"abstract":"Decision or administrative act are the centerpiece of any administrative processing in Central Europe. Their goal is mostly the same in all countries: They provide for legal peace and legal clarity and are starting points for constitutional review of the state’s actions. After administrative act was defined and its whereabouts codified in the German Administrative Procedure Act, legal science turned to the problem of challenging it before an administrative court. It is argued that not so much the form, but rather the content of the act with all the supplement features is its distinctive feature. For example, when a mayor of a municipality in a letter to individual ordered to allow for consume of private water because of a prolonged drought and at the end of the drought withdraw the letter and canceled the emergency consumption resulting can be challenged in court. As the Constitutional Court said: notwithstanding the form it was a decision since it created or revoked rights. On the other hand, communication or notification are not to be qualified as decisions as well as recommendation or consultation with no binding power. Subjective public rights are essential when assessing the quality of a decision. Even a legal opinion of the Minister of Social Affairs can present a decision if it affects a public right. When a decision even in the form of a letter was taken into consideration by the Constitutional Court and the public authority (Governor) took it back the Court thereupon formally terminated the proceedings but said the letter and its effect were illigal. The Court said that the existence or non-existence of a decision may not be at the expense of the party as well as any interference in public subjective rights even through law rules is open to the constitutional control.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"174 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83154707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES","authors":"Yuriy Voloshyn, N. Mushak","doi":"10.17721/2227-796x.2020.4.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.4.01","url":null,"abstract":"The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"81 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85934205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}