Asmens konstitucinės teisės į teisminę gynybą pirminis realizavimo etapas yra kreipimasis būtent į pirmosios instancijos administracinį teismą, t.y. apygardos administracinį teismą. Šiame teisme nustatomos bylai reikšmingos aplinkybės, renkami, tiriami ir vertinami įrodymai bei paprastai priimamas teismo sprendimas, kuriuo ginčas išsprendžiamas iš esmės. Tai lemia išskirtinę proceso pirmosios instancijos administraciniame teisme vietą asmens konstitucinės teisės į teisminę gynybą realizavimo sistemoje. Todėl šį procesą reguliuojančiuose įstatymuose neturėtų būti prieštaravimų bei spragų, taip pat proceso pirmosios instancijos administraciniame teisme teisinis reguliavimas turėtų atitikti Konstitucijoje įtvirtintiems teisės į teisminę gynybą imperatyvams. Tyrimo objektas – administracinių bylų procesas pirmosios instancijos administraciniame teisme: teorinės ir teisinės praktikos problemos. Darbo tikslas – nustatyti administracinių bylų proceso pirmosios instancijos administraciniame teisme veiksmingumą. Darbe pirmą kartą Lietuvoje sistemiškai analizuojamas proceso pirmosios instancijos administraciniame teisme teisinio reguliavimo modelis. Darbe atskleistos proceso pirmosios instancijos administraciniame teisme teisinio reglamentavimo problemos bei pasiūlyti galimi jų sprendimo būdai, taip pat užsienio valstybių administracinės justicijos analizė būti panaudota siekiant sukurti optimalų administracinių bylų proceso teisinio reguliavimo modelį. / Initial stage of implementation of the constitutional right of a person to judicial protection is an application to the administrative court of first instance, i. e. to regional administrative court. At the administrative court of first instance circumstances relevant to the case are determined, evidence is collected, investigated and evaluated and usually court decision resolving the case in essence is adopted. This determines an exceptional place of the procedure at the administrative court of first instance in the system of implementation of the constitutional right of a person to judicial protection. Therefore, legislation regulating the procedure should be clear and bear no contradictions or gaps, moreover, legal regulation of the procedure at the administrative court of first instance should be in compliance with imperatives of the right to judicial protection conferred by the Constitution. The object of the research is the procedure of administrative cases at the administrative courts of first instance: theoretical and legal issues in the jurisprudence. The objective of the thesis is to determine the efficiency of the procedure of administrative cases at the administrative courts of first instance. The thesis in a systematical manner examines the model of legal regulation for the procedure at the administrative court of first instance in Lithuania the first time. Furthermore, the thesis reveals problematic aspects of legal regulation for the procedure at the... [to full text]

Action for protection against unlawful interference Abstract This thesis deals with the topic of protection against unlawful interference, instruction or coercion of an administrative authority pursuant to Section 85 et seq. of Act No. 150/2002 Coll., Administrative Procedure Code. The first chapter defines the key elements of a factual intervention as one of the forms of public administration activities, doing so primarily by theoretical comparison with an administrative decision. The chosen approach is primarily guided by the negative definition of factual intervention by an administrative authority contained in Section 85 of the Administrative Procedure Code, which contraposes it with an administrative decision. The first chapter also includes an in-depth analysis of three model examples representing atypical forms of public administration activity, against which, based on the conclusions of court practice, an action for interference may be brought. The second chapter discusses the position of an action for interference within the three basic types of administrative actions, and its relationship to an action against a decision and an action against the inaction of an administrative authority. It also does so on the basis of an analysis of the judicial interpretation of the concept of an administrative...

Section 16 A (2) (d), (e) and (f) of the South African Schools Act, Act 84 of 1996 assumes that a school principal has specialised knowledge in interpreting legislation, dealing with disciplinary matters pertaining to learners, educators and support staff, and making disciplinary decisions. The legal framework of the Promotion of Administrative Justice Act, Act 3 of 2000, as well as section 33 of the Constitution of the Republic of South Africa, Act 108 of 1996, affects disciplinary decision making in education. The need to understand how legislation affects disciplinary decision making is important, because s ection 16 A of the South African Schools Act, Act 84 of 1996 assumes that education managers have the requisite knowledge and understanding of the law when dealing with disciplinary decision making. Disciplinary decisions taken by education managers fall in the domain of administrative law. The Promotion of Administrative Justice Act, Act 3 of 2000, forms the foundation for administrative action that is lawful, reasonable and fair. Since this Act is relatively new, and education managers have a lack of education law knowledge in general, it can be argued that principals might struggle to take disciplinary decisions that are lawful, reasonable and fair. Thus, there is a need to answer the following question: What are the legal requirements that should be considered in taking disciplinary decisions that are lawful, reasonable and fair and how can these disciplinary decisions be made more effectively? The purpose of the study was to understand the context and content of Section 33 of the Constitution of the Republic of South Africa, Act 108 of 1996, the Promotion of Administrative Justice Act, Act 3 of 2000, and Section 16A of the Schools Act , Act 84 of 1996 and how they would positively influence disciplinary decision making in South African education. The main research question was: What are the legal requirements that should be considered in taking disciplinary decisions that are lawful, reasonable and fair and how can these disciplinary decisions be made more effectively? Chapter 2 answered the research question of which decision-making processes could assist the education manager to take disciplinary decisions that are lawful, reasonable and fair. It was established that principals make frequent use of the rational model for decision making. However, the more comprehensive data-driven decision-making model was proposed. This not only focuses on a single disciplinary decision, but on the cause and trends of all transgressions that exist in a school. This model enables a principal to draw up a plan of action to deal with the cause of the problem. After analysing the applicable legal framework, the concepts of lawful, reasonable, and fair were defined and interpreted in Chapter 3. An administrative action is lawful when an administrator is duly authorised by law to exercise power. Reasonableness has two elements, namely rationality and proportionality. Rationality means that evidence and information should support a decision an administrator takes, while the purpose of rationality is to avoid an imbalance between the adverse and beneficial effects. The approach to fairness has changed since the pre-democratic era. The main components that are linked to procedural fairness are the common-law principles of audi alteram partem, and nemo iudex in sua causa. The qualitative approach was followed in this study to shed light on the perceptions of the participants on the meaning of the legal concepts of lawful, reasonable, and fair in disciplinary decision making, and their understanding of the legal framework of this study. Furthermore, this study sought answers to which decision-making processes could assist the education manager, as well as to the advantages of having a disciplinary coordinator to assist education managers in making lawful, reasonable and fair disciplinary decisions. Convenience and purposeful sampling was used because the schools were conveniently located. Four secondary school principals in Cape Town were chosen, as well as two officials from the Western Cape Department of Education. The reason for purposive sampling was that two of the four schools that were selected had to have a discipline coordinator. Semi-structured interviews were held with the abovementioned principals and officials to answer the main research question. The following information emerged from the semi-structured interviews which were incorporated in the data-driven, decision-making model of school improvement. Some of the findings were: i. Animosity exists between some school principals and the Western Cape Education Department (WCED). There is a lack of communication between the WCED and principals, as well as a lack of training on disciplinary decision making. ii. It was also established that principals made common mistakes related to the interpretation of legislation or applicable regulations. iii. A good practice emanating from the study is a paper trail of all interventions kept by schools. iv. Principals tend to use only the South African Schools Act as a legal framework for disciplinary decision making. v. Principals need to focus on strategies to address the link between bad behaviour and poor academic performance. vi. A discipline coordinator can assist the principal in maintaining discipline, investigating transgressions, organising disciplinary hearings, and in disciplinary decision making. Decision making, lawfulness, reasonableness, and fairness were combined in this research to establish the legal requirements that should be considered in taking disciplinary decisions that are lawful, reasonable and fair, and how these disciplinary decisions can be more effective for the sole purpose of school improvement. / Thesis (PhD)--University of Pretoria, 2014. / tm2015 / Education Management and Policy Studies / PhD / Unrestricted

Magister Administrationis - MAdmin / The study aims to investigate whether delays occur within the pipeline of pension pay-outs, where these delays occur and what the policy implementations and management gaps are within the pension administration system. The study intends to produce findings that assist in reducing the aforementioned delays and increasing efficiency. The specific objectives of the study are threefold. Firstly, the study intends to outline the Government Pension Administration Agency’s (GPAA) current policy and pipeline of procedures with specific reference to pension pay-out times. Secondly, it will identify pension pay-out delays and trends with reference to categories and periods of delay. Finally, it will identify the major areas of complaints, pipeline problems and constraints. The methodology used is both a qualitative document analysis (QDA) and a descriptive analysis of the data. It is appropriate, suitable, cost-effective and common for desktop research. The corroboration of findings and confluence of evidence give credibility and thus triangulation of information is of immense value. The limitation of methodology, findings and results is specific to the Western Cape Education Department (WCED) which is the largest employer in the Western Cape Province. This study found that the Government Employees Pension Fund (GEPF) and the GPAA adopted New Public Management (NPM) values and strategies. Furthermore, pension pay-outs exceeding 60 days have been reduced when compared to the period prior to modernisation in 2010. Despite this, delays in payment remain very high. Internal sources include the GEPF Benefits Admin Committee; email and / or telephonic portals (GEPF Call Centre – reactive). External sources include the Public Protector and the Presidential hotline. Finally, total interest paid on late payments in 2010 was R1,054 billion and increased to R1,901 billion by 2017. The implication of these findings is expected to be further reductions in waiting times, as modernisation of the organisation continues. However, this cannot be a foregone conclusion because it will depend on the management of implementation.

A research report submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce Date: 31 March 2015 / As the framework for the collection of revenue by SARS evolves to ensure taxpayer compliance, the protection of taxpayers’ fundamental rights should not be overlooked. This research will evaluate certain provisions of the recently enacted Tax Administration Act (the Act) against the background of the taxpayers’ rights to privacy, property and just administrative action. These rights are contained in the Constitution of South Africa, the supreme law of the land. The analysis suggests that the conduct of SARS in exercising its statutory powers as well as some of the provisions of the Act may conflict with taxpayers’ constitutional rights and that the remedies available in such situations are limited or do not offer taxpayers an effective mechanism to obtain remedial action. Key words: Bill of Rights, Constitution, Constitution of South Africa, constitutional right, just administrative action, legislation, Ombud, PAJA, Promotion of Administrative Justice Act, privacy, property, remedies, SARS, tax, tax administration, Tax Administration Act, Tax Ombud, taxation, taxpayer, taxpayer compliance.

The research problem this dissertation addresses is how judicial practices generate administrative justice in asylum determination procedures. Previous research on immigration policies argues that when asylum determinations are processed in courts, principles of administrative justice are ensured and immigrants’ rights protected. In this dissertation, I challenge that argument by approaching administrative justice as an empirical phenomenon open for different types of interpretations. Instead of assuming that administrative justice characterizes courts, I assume that this concept acquires particular meanings through the practices of the courts. Empirically, this dissertation studies practices of assessing asylum claims at the Swedish migration courts. The migration courts are the result of a major reform of the Swedish asylum procedure that took place in 2006, with the motive to end inhumane rejections of asylum seekers by enhancing administrative justice in the asylum process. By interviewing and observing judges at the migration courts, litigators from the Migration Board and public counsels from different law firms, this interpretive and ethnographic study analyzes how administrative justice acquires meanings in the daily practices of assessing asylum claims at the migration courts. The main result is that a ceremonial version of administrative justice is generated at the migration courts. This version of administrative justice forefronts symbolic dimensions of justice. The asylum appeal procedure succeeds in communicating justice through rituals, building design and metaphors, which emphasize objectivity, impartiality and certainty on behalf of the judicial practices. However, these symbols of justice disguise several unfair aspects of the asylum appeal procedure, such as inequality in resources and trustworthiness between the state’s representative and the asylum applicants as well as the uncertainty inherent in both the factual and the credibility assessment of asylum claims. The implications of these findings are that immigration policy research needs to reconsider the relationship between the courts and immigrants’ rights by paying more attention to the everyday practices of ensuing administrative justice in courts than on the instances when courts oppose political attempts to restrict immigrants’ rights.

Administrative Justice in the CSR in the Years 1918 - 1938 within European context. For my thesis I chose as a topic 'Administrative Justice in the CSR in the Years 1918 - 1938 within European Context', as administrative justice including the protection against illegal interventions of executive power is topical for any democratic state at any time. The purpose of administrative justice is reviewing administrative acts of public administration namely by independent courts. I decided to target my thesis on the period of so-called first republic thus on the period from 28 October 1918 i.e. from establishing the independent Czechoslovak state to 30 September 1938, i.e. the signing of the Munich agreement. After establishing the independent Czechoslovak state The Act on the Supreme Administrative Court and on Solving Competence Litigations was one of the first acts passed by the National Czechoslovak Committee. This year i.e. in 2018 it has been 100 years since constituting administrative justice in the Czechoslovak Republic. However, when the Czechoslovak Republic came into being administrative justice was not formed from scratch, but by the above mentioned Act on Administrative Justice and Solving Competence Litigations Austrian administrative justice was adopted. During the first republic, however,...

This thesis analyses the administrative justice system, which represents one of the key control mechanisms of the public administration in The Czech Republic. The aim of this thesis is to compare the administrative justice system of The Czech Republic with selected European models of the administrative justice system such as the French and German justice systems. The result of this comparison highlights the differences in justice systems and considers the possibility of implementing these models in The Czech legal system.The administrative justice system in The Czech Republic has been developing since 2003, when The Act N. 150/2002 came into effect. The operating administrative justice system in The Czech Republic is characterized by the following criteria: statutory framework, power and jurisdiction of the administrative court, organization of the administrative justice system and the course of the judicial administrative proceedings. The following chapters discuss the French and German models of the administrative justice system and analyze the similarities with the Czech system.The final chapter compares the individual administrative justice systems and their most important differences.

Diploma thesis is devoted to the theme of Czech administrative justice, its current form and comparison with chosen models of European administrative justice, that is with French and German model. Goal of the thesis is on the basis of description and analysis of these models of administrative justice to get the comparison and evaluation of the differences and positive and negative elements of chosen models in relation to Czech system of administrative justice. The first part focuses on rather theoretical side and the introduction to this problem. Fundamental terms and characteristics are described and the concept of administrative justice is put to a broader scope. There is also mentioned the historical development of administrative justice in the Czech lands from year 1848 until the present day. The second part is devoted to the study of specific current legislation of chosen countries - Czech Republic, France and Germany. On this foundation is in the closing part accomplished the analysis and comparison of particular systems of administrative justice together with stating their mutual positives and negatives.

Proceeding of Action against Decision of Administrative Authority Abstract The subject-matter of this dissertation thesis is the analysis of the legislation providing protection to public subjective rights in proceeding of action against the decision of an administrative body defined in Code of Administrative Justice, and assessment as to whether the protection provided to public subjective rights by the legislation is sufficient, including certain recommendations of possible changes. The basic method applied consists of the logical methods in combination with the normative approach, involving a detailed analysis and synthesis of the existing legislation and empirical examination of the offered protection in the problem areas on the basis of past judicial proceedings and also comparison of the discussed concepts with foreign legal regulations. The first model was the "traditional" German administrative justice legislation, which is the legislator's usual source of inspiration. In relation to this issue, one must not also disregard the newly adopted legislation on administrative justice in Slovakia. Even though stemming from the historical roots of the judiciary of the First Czechoslovak Republic, the Slovak approach to a number of concepts is different. The administrative justice system by far exceeds the...