§ 28 Geschichte der Verwaltungsgerichtsbarkeit in Österreich

Olechowski, Thomas

doi:10.1007/978-3-642-41235-6_28

Cited by 28 publications

(2 citation statements)

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“…From the point of view of the examined countries, it was primarily the case law of the Administrative Court in Vienna (the so called "October Act" Act No. 36/1876 Coll., which had introduced administrative justice and had established this administrative court) for the Czech Republic, the Slovak Republic and partly for Poland (Olechowski 2018) and from 1897 on the Hungarian Royal Administrative Court in Budapest for Hungary (Rozsnyai 2018).…”

Section: Nature and Legal Framework Of Administrative Proceduresmentioning

confidence: 99%

Simplification of Administrative Procedure on the Example of the Czech Republic, Poland, Slovakia, and Hungary (V4 Countries)

Potěšil

Rozsnyai

Olszanowski

et al. 2021

Administrative Sciences

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The article deals with the idea of simplification of administrative procedure on the example of legal regulation that can be found in Poland, Slovakia, the Czech Republic, and Hungary. This legal regulation comes from the same or similar evolution and legal conditions. General legal regulation of administrative procedure is represented by so called Code of Administrative Procedure. Existence of such code in all mentioned countries might be regarded as a first step towards simplification. Using research methods—dogmatic, normative, and, namely, comparative—the article examines concrete examples of simplification in mentioned countries that have similar approaches in solving this demand. This article mentions possible views (or addressees) on the need of simplifications as well as possible limits of this issue. In this sense, the protection of the public interest and protection of rights of individuals presents certain limitations to simplification. Legal regulation of administrative procedure is complicated. Although each legal regulation is in detail specific, we can find some common solutions in particular legal regulation of simplifications. Such results of this article might be useful (not only) for further comparison in European countries.

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Section: Nature and Legal Framework Of Administrative Proceduresmentioning

confidence: 99%

Simplification of Administrative Procedure on the Example of the Czech Republic, Poland, Slovakia, and Hungary (V4 Countries)

Potěšil

Rozsnyai

Olszanowski

et al. 2021

Administrative Sciences

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“…Of course there are single countries where the ius reformandi was to some extent introduced much earlier, like in Austria for decisions without discretion(Olechowski, 2018(Olechowski, , p. 1113 or in Hungary until 1949 and as an exceptional possibility from 1972 on. The ius…”

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confidence: 99%

Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure

Rozsnyai

2019

CEPAR

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The continuing expansion of judicial review of administrative actions, as seen throughout Europe, led to the engulfment of the administrative judiciary towards the end of the last century. Review within a reasonable timeframe is hard to grant for this reason: the tensions between lawfulness and efficiency are amplified. The answers given to alleviate this tension raise questions that lie at the heart of the principle of separation of powers. This article aims to present some of respective tendencies, which lead to new equilibriums in the system of checks and balances between public administration and the judiciary. To concretise these tendencies, the article analyses some relevant solutions given by the very new code on administrative court procedures, the Hungarian Act No. I of 2017. The most important elements of the regulation of procedures for judicial review of administrative action are provided in a dogmatic and a comparative perspective showing the changes of rules and/or their interpretation through the judiciary. Thus, also important challenges regarding the present understanding of the doctrine of separation of powers are emphasised. The most important elements of the new Hungarian regulation are presented in a coherent system, which also gives insight on the codificational considerations. Moreover, the legislation and jurisprudence must deal with the highlighted aspects in any national and EU legal systems alike.

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The Austrian Codification of Administrative Procedure

2023

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This book argues that the development of administrative law in Europe owes much to Austria, not only because its Administrative Court was one of the first to define and refine general principles, such as legality, due process, and general interest, but also because in 1925 Austria adopted a general law of administrative procedure, with important consequences for other legal systems. The book has, therefore, two main themes. The first is the Austrian codification of administrative procedure. The second is the spread of Austrian ideas and institutions to some neighbouring countries. From the first point of view, the book points out the various factors that favoured the adoption of administrative procedure legislation and the reception of the model of review. In this respect, the book is enriched by the English translation of the Austrian general act of 1925. From the other viewpoint, the book deviates from the standard accounts whereby the Austrian codification had some influence on its closest neighbours, including Poland, Czechoslovakia, and Yugoslavia; first, because it compares their legislative provisions, as well as their durability, notwithstanding drastic political changes, when these countries fell under Soviet rule; second, because it does not limit itself to the concept of ‘influence’, arguing that there was a ‘diffusion’ of general administrative procedure legislation; third, because it examines why the major administrative systems of continental Europe, such as France, Germany, and Italy, did not adopt administrative procedure legislation. The book thus provides an unprecedented look at the emergence of an increasing common core regarding administrative procedure.

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§ 28 Geschichte der Verwaltungsgerichtsbarkeit in Österreich

Cited by 28 publications

References 1 publication

Simplification of Administrative Procedure on the Example of the Czech Republic, Poland, Slovakia, and Hungary (V4 Countries)

Simplification of Administrative Procedure on the Example of the Czech Republic, Poland, Slovakia, and Hungary (V4 Countries)

Current Tendencies of Judicial Review as Reflected in the New Hungarian Code of Administrative Court Procedure

The Austrian Codification of Administrative Procedure

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