of the thesis Author: Rostislav Tomis Department: Department of Administrative Law and Administrative Science Title: A comparison of the administrative judicial system in the Czech Republic and Belgium Supervisor: doc. JUDr. Vladimír Mikule Year: 2010 This thesis studies and describes the current model of the administrative justice system used in the Kingdom of Belgium. The basement of the thesis consists in the institutional and material view-points, the organization of administrative justice as well as the material aspect. Obtained knowledge is compared with the current model of the administrative justice under the law of the Czech Republic. The main purpose of the thesis is to compare the above- mentioned models of administrative justice and to delimitate subsequently certain identical, similar and different elements.

The purpose of my thesis is to analyze the current system of court fees in regards to administrative justice. The goal of this work is to find difficulties that occur within its application and to provide an easy well-arranged outlook on answers to these difficulties. The inspiration for the nature of this analysis is the fact that no such work has been focused on these issues and the application methods. My thesis itself is composed of six separate chapters with each chapter corresponding to an ideal or aspect of administrative justice. The first chapter is wholly introductory in nature, while the second chapter covers basic terminology associated with this process. While the third chapter deals with the historical elements and evolutionary process of the system of court fees in administrative justice. Composing the main body of my thesis or fourth chapter in this selection, is my analysis of the current legal system of court fees in administrative justice and the main difficulties associated within its application. Chapter five consists predominantly of my personal reflections and my notions as to how the system may be improved. In the final chapter six, I formulate my conclusions as to the purpose of analyzing the current system of court fees in administrative justice. Thru outlining this...

A justiça administrativa é uma necessidade que serve tanto para manter o Poder Público dentro dos limites jurídicos, como para tutelar os direitos subjetivos dos cidadãos. Há três principais modelos: contencioso administrativo, unidade de jurisdição e o misto, os quais são cada vez mais semelhantes entre si. No Brasil, durante a monarquia, existia o contencioso administrativo, que funcionava de forma precária. Proclamada a República, o contencioso administrativo foi substituído pela unidade de jurisdição, que vigora até hoje. Com a Constituição de 1988, o acesso à justiça administrativa foi facilitado, extinguindo obstáculos como o exaurimento prévio das vias administrativas. Isso, aliado à reticência do Poder Público em enxergar o cidadão como um verdadeiro sujeito de direitos, canalizou todos os conflitos para a única porta aberta disponível: o Judiciário. Após o período de afirmação do acesso à justiça administrativa, foi renovado o interesse por mecanismos alternativos de resolução de conflitos, inclusive, para o setor público, com o escopo de equacionar os conflitos de forma mais célere e adequada / The administrative justice is a necessity that serves both to keep the Government within the legal limits and to protect the legal rights of citizens. There are three main models: administrative litigation, unity of jurisdiction and mixed, which are becoming more alike. In Brazil, during the monarchy, there was the administrative litigation, which operated precariously. Proclaimed the Republic, the administrative litigation was replaced by unity of jurisdiction, which exists even today. With the Constitution of 1988, access to administrative justice was facilitated, extinguishing barriers such as prior exhaustion of administrative channels. This coupled with the reluctance of the government to see the citizen as a true subject of rights, directed all conflicts to the only open door: the Judiciary. After the period of claim access to administrative justice, was renewed interest in alternative dispute resolution, including for the public sector, with the aim of balance the conflicts more expeditiously and appropriately.

The primary aim of this thesis is to consider whether the social work complaints procedure in Scotland is an appropriate means of dealing with dissatisfaction experienced by users of community care services. Debate in the socio-legal literature has focused on different models of justice in grievance and appeal mechanisms for users of public services. Set in the context of this wider debate, this study looks at the operation of the social work complaints procedure in Scotland, focusing on the experiences of complainants in two local authorities. Setting the research in context, the thesis looks at recent policy developments in community care in Scotland, at recent changes to the health complaints procedure and at proposals to change the social work complaints procedure in Scotland, England and Wales. The main source of data is interviews with people who had made complaints in the two local authorities. As well as looking at complainants’ views, the study also considers the views of people responsible for running the complaints procedure in both local authorities. Focus groups with community care service users were used to explore the views of those who may not have used the complaints procedure. A key concern is whether it is possible to distinguish different types of complaints: those which are primarily ‘appeals’ against refusal of services; and those which are about the way that people are treated. Using the experiences of people who had made complaints in both local authorities and a database of all complaints to one local authority, it is shown that it is not easy to make this distinction although some complaints fall more clearly into one category or the other. The classification of complaints relates closely to what people want from a complaints procedure. The purpose of a grievance procedure can be considered in terms of ‘models of justice’. The motivations of complainants and the views of those who operate the procedure are considered in the context of literature on models of justice. The thesis looks at how the complaints procedure operates in each of the two local authorities and considers the relative value of ‘informal’ and ‘formal’ processes. It goes on to look at what happens when people make formal complaints, whether complaints are resolved and what people think about this. Barriers to complaining are also considered. Finally the thesis looks at complaints which reach the end of the complaints procedure - the complaints review committee - and those which reach the Scottish Public Services Ombudsman. The thesis concludes that there is considerable ambiguity as to the purpose of the community care complaints procedure. Some complainants use the procedure as an ‘appeal’ against decisions made by the local authority, while others just want to get their problems ‘sorted out’. Some complainants are, at least in part, attempting to get the local authority to improve services for others. The emphasis of local authority staff in this study is primarily on ensuring that complainants have an opportunity to have their ‘voice’ heard. The word ‘complaining’ itself carries connotations which some service users see as negative, although others are more assertive in their use of the word. In procedural terms there is much that can go wrong between the initial ‘informal’ complaint and the more independent level of the procedure: the complaints review committee. There are considerable problems in defining ‘complaints’ and ensuring that they are handled within the guidelines. This means that it is difficult for justice to be seen to be done.

Unfair labour practice formed part of South Africa's history throughout the years. There was not enough legislation to protect all races against unfair labour practice. The dramatic political, governmental and social changes over the last decade ensured that South Africa put new legislation in place to ensure fair labour practice for all races in South Africa. This legislation is also implemented in the South Africa education system to ensure fairness. The Employment of Educators Act and the South African Schools Act devised legislation to protects the rights of both the learner and the educator in the education system of South-Africa. The aim of this research was to determine whether there is sufficient legislation to protect the rights of the educator, in which manner unfair labour practice exists against educators, to what extent unfair labour practice influences motivation and productivity of educators and what the perceptions of educators are regarding unfair practice by the department. This has been done according to a literature study, as well as an analysis of legislation relevant to the educator, and any other legislation pertaining to the regulation of labour practice in South Africa. The essence of fair labour practice is discussed and validated by certain court cases which exposed unfair labour practice in South Africa. These court cases are analysed and discussed to explain the relevant aspects of the essence. Interviews were conducted with educators, and questionnaires were distributed to selected schools, then analysed to obtain their views on availability of relevant legislation, knowledge and perceptions on legislation, viewpoint on injustice, viewpoint of educator's motivation and productivity and possible solutions to limit injustice. It was then possible to compile certain recommendations and conclusions out of the information derived from the questionnaires and interviews. The general impression of the results was that there is a negative attitude from educators towards the department. Educators feel that the Department of Education does not protect them adequately. These educators belief that they are treated unfairly by the department. The majority of educators feel that the department does not have enough knowledge of the relevant legislation and this contributes to unfair action against educators. This unfair labour practice does influence the motivation and productivity of educators in the public schools of South Africa. A large number of educators feel that they are treated unfairly regarding the workload and the distribution of tasks in the schools. The unmanageable large classes and restriction of powers of the educator regarding discipline lead to negativity and a loss of productivity. When the Department of Education starts paying attention to the complaints by educators and liaise with schools timeously, it would ensure a fairer education system and educators would be more motivated and thus more productive. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Unfair labour practice formed part of South Africa's history throughout the years. There was not enough legislation to protect all races against unfair labour practice. The dramatic political, governmental and social changes over the last decade ensured that South Africa put new legislation in place to ensure fair labour practice for all races in South Africa. This legislation is also implemented in the South Africa education system to ensure fairness. The Employment of Educators Act and the South African Schools Act devised legislation to protects the rights of both the learner and the educator in the education system of South-Africa. The aim of this research was to determine whether there is sufficient legislation to protect the rights of the educator, in which manner unfair labour practice exists against educators, to what extent unfair labour practice influences motivation and productivity of educators and what the perceptions of educators are regarding unfair practice by the department. This has been done according to a literature study, as well as an analysis of legislation relevant to the educator, and any other legislation pertaining to the regulation of labour practice in South Africa. The essence of fair labour practice is discussed and validated by certain court cases which exposed unfair labour practice in South Africa. These court cases are analysed and discussed to explain the relevant aspects of the essence. Interviews were conducted with educators, and questionnaires were distributed to selected schools, then analysed to obtain their views on availability of relevant legislation, knowledge and perceptions on legislation, viewpoint on injustice, viewpoint of educator's motivation and productivity and possible solutions to limit injustice. It was then possible to compile certain recommendations and conclusions out of the information derived from the questionnaires and interviews. The general impression of the results was that there is a negative attitude from educators towards the department. Educators feel that the Department of Education does not protect them adequately. These educators belief that they are treated unfairly by the department. The majority of educators feel that the department does not have enough knowledge of the relevant legislation and this contributes to unfair action against educators. This unfair labour practice does influence the motivation and productivity of educators in the public schools of South Africa. A large number of educators feel that they are treated unfairly regarding the workload and the distribution of tasks in the schools. The unmanageable large classes and restriction of powers of the educator regarding discipline lead to negativity and a loss of productivity. When the Department of Education starts paying attention to the complaints by educators and liaise with schools timeously, it would ensure a fairer education system and educators would be more motivated and thus more productive. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

A justiça administrativa é uma necessidade que serve tanto para manter o Poder Público dentro dos limites jurídicos, como para tutelar os direitos subjetivos dos cidadãos. Há três principais modelos: contencioso administrativo, unidade de jurisdição e o misto, os quais são cada vez mais semelhantes entre si. No Brasil, durante a monarquia, existia o contencioso administrativo, que funcionava de forma precária. Proclamada a República, o contencioso administrativo foi substituído pela unidade de jurisdição, que vigora até hoje. Com a Constituição de 1988, o acesso à justiça administrativa foi facilitado, extinguindo obstáculos como o exaurimento prévio das vias administrativas. Isso, aliado à reticência do Poder Público em enxergar o cidadão como um verdadeiro sujeito de direitos, canalizou todos os conflitos para a única porta aberta disponível: o Judiciário. Após o período de afirmação do acesso à justiça administrativa, foi renovado o interesse por mecanismos alternativos de resolução de conflitos, inclusive, para o setor público, com o escopo de equacionar os conflitos de forma mais célere e adequada / The administrative justice is a necessity that serves both to keep the Government within the legal limits and to protect the legal rights of citizens. There are three main models: administrative litigation, unity of jurisdiction and mixed, which are becoming more alike. In Brazil, during the monarchy, there was the administrative litigation, which operated precariously. Proclaimed the Republic, the administrative litigation was replaced by unity of jurisdiction, which exists even today. With the Constitution of 1988, access to administrative justice was facilitated, extinguishing barriers such as prior exhaustion of administrative channels. This coupled with the reluctance of the government to see the citizen as a true subject of rights, directed all conflicts to the only open door: the Judiciary. After the period of claim access to administrative justice, was renewed interest in alternative dispute resolution, including for the public sector, with the aim of balance the conflicts more expeditiously and appropriately.

The research analyses the locus standi before administrative courts in Italy and Germany, in the perspective of the evolution of the aim and the scope of the judicial review of the administrative action. Starting from an examination of the historical outlines regarding the judicial review in the two systems, the current research explores the theoretical contours of the concepts of standing and interest to act, focusing also on the analysis of the judicial understanding of both these concepts. The analysis is conducted from a comparative point of view, through the study of the case law in the Italian and German legal systems. The aim pursued is to verify, through a comparison between the different experiences, the existence of a possible ongoing mutation - attributable to the Europeanisation of the administrative process - that alters the characteristics of the Italian and German administrative judgment in the access to protection. The comparative investigation shows how the changes that can be found in the judicial review of are in part analogous in the two legal systems and are connected to the importance of certain interests of a general nature at the legal level. It also makes it possible to reflect on the identification of a model capable of overcoming the difficulty regarding the compatibility between interests of a general nature and the predominantly subjective logic of the judicial review of administrative action in Italy and Germany.

Submitted by Leoná Rodrigues (leonarodrigues@id.uff.br) on 2017-08-30T20:59:11Z No. of bitstreams: 1 A justiça administrativa numa perspetiva multidisciplinar - Marta Cristina Simoes da Rocha.pdf: 674417 bytes, checksum: dae89bec4499e93c7120a148f8ff39e4 (MD5) / Approved for entry into archive by Biblioteca da Faculdade de Direito (bfd@ndc.uff.br) on 2017-09-12T13:57:48Z (GMT) No. of bitstreams: 1 A justiça administrativa numa perspetiva multidisciplinar - Marta Cristina Simoes da Rocha.pdf: 674417 bytes, checksum: dae89bec4499e93c7120a148f8ff39e4 (MD5) / Made available in DSpace on 2017-09-12T13:57:48Z (GMT). No. of bitstreams: 1 A justiça administrativa numa perspetiva multidisciplinar - Marta Cristina Simoes da Rocha.pdf: 674417 bytes, checksum: dae89bec4499e93c7120a148f8ff39e4 (MD5) / A análise da evolução história da Justiça Administrativa, bem como do seu princípio fundamental e estruturante da tutela jurisdicional efetiva e seus reflexos, considera-se de suma importância para a compreensão do estado atual dos sistemas jurídico-administrativos Brasileiro e Português, no contexto de um verdadeiro Estado de Direito, que visa alcançar o equilibrio entre as finalidades da prossecução do interesse público e da proteção dos direitos subjetivos dos administrados. É através da perceção da complexidade do âmbito da jurisdição administrativa que se nos revela necessária a adoção de uma abordagem multidisciplinar, estabelecendo a sua ligação com as Novas Tecnologias da Comunicação e Informação (NTCI), Jornalismo e Ética, tendo sempre como campo empírico a realidade Portuguesa. Todos estes temas e a sua interdependência demonstram que, atualmente, não existem fronteiras rígidas entre as diversas áreas de conhecimento, que cada vez mais, dada a complexidade do mundo em que vivemos e dos problemas jurídicos advenientes do mesmo, são necessárias análises, não só interdisciplinares, mas igualmente multidisciplinares que contribuam para a construção de uma jurisdição de qualidade e efetiva, de modo a alcançar o fortalecimento do Estado de Direito Democrático. / Within the context of a true State of Law, which tries to strike a balance between the pursuit of the public interest and of the protection of the citizen’s subjective rights, the analysis of the historical evolution of the so-called Administrative Justice, as well as its fundamental and structuring principle of effective judicial protection and its effects, is considered of the utmost importance for the understanding of the modern state of both the Brazilian and Portuguese legal-administrative systems. The perception of the complexity of the field of administrative jurisdiction shows that it is essential to adopt a multidisciplinary approach, establishing its connection to the New Information and Communication Technologies (NICT), Journalism and Ethics, always with the Portuguese reality as the underlying empirical setting. All these topics and their interdependence show that nowadays there are no rigid frontiers between different fields of knowledge; that increasingly, given the complexity of the world we live in and the legal problems stemming from it, not only interdisciplinary analyses are needed, but also multidisciplinary ones, that contribute to the construction of a good-quality, effective jurisdiction, so as to strengthen the Democratic Rule of Law.

The manpower of military structure has always been dominated by male gender (as shown literally by the word ¡§manpower¡¨); females rarely participate in this particular work environment. However, more females are engaged in this field resulting from an awareness of equal rights on sex as a combined consequence of trend of time, diversified development of the society, and ROC¡¦s ever-changing national defense strategies. Ever since the establishment of Chinese Army, i.e., the Hung-Pu Military Academy, military schools have been recruiting males solely except for the National Defense University and the National Defense Medical Center in which females are also recruited. In order to fully utilize female human resource, professional officers/sergeants were open to female to apply since 1991. The application of recruitment were later available for all the military academies. The participation of females in ROC¡¦s military forces has significantly impacted on the structure of human resource. As the number of female human resource increases, the following issues regarding sex such as equal right on employment, promotion, training, and lifestyle management have been regulated and adjusted accordingly. Female human resource will be an integral part in ROC¡¦s military forces. In spite of the fact that researches on females have become popular in recent years in Taiwan, the studies on female officers or sergeants are scarce. The current research focuses on female officers¡¦ and sergeants¡¦ perception of administrative justice and their attitude toward work. The study is based on an analysis using administrative support as a perturbing parameter. The influence of this parameter is investigated and evaluated. A survey was carried out by sending out a questionnaire to 400 female officers and sergeants, with 350 copies returned. By comparing differences and similarities of the survey using a statistic regression analysis, it can be concluded that: 1. In general, most female officers and sergeants show similar perception and responses to administrative justice, job satisfaction, dedication to work, and promises from their organizations regardless of their personal backgrounds. 2. A coherent connection exists between their responses to administrative justice and factors such as their job satisfaction, dedication to work, and promises from their organizations for most female officers and sergeants. However, some interviewees do not change their attitudes toward their administrative justice. 3. A perception of administrative support on justice has a more important negative impact on work attitude rather than a positive impact, i.e., it discourages a female officer¡¦s or sergeant¡¦s dedication to work more than it encourages her work morale.