Articles published on Administrative court
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- New
- Research Article
- 10.1177/10778012251362223
- Jul 1, 2026
- Violence against women
- Lynette M Renner + 2 more
The purpose of this study was to examine perspectives of individuals who graduated (N = 14) from a domestic violence court (DVC) operating in a rural county in a Midwestern state. The graduates spent an average of 16.6 months in the DVC, with an average of 55.93 hearings, 84.57 surveillance checks, and 12.29 violations. Graduates shared positive accounts of their interactions with DVC personnel and described several positive changes during the time they were in the DVC. Evaluation efforts of DVCs are critical as advocates, law enforcement, and court administration, and intervention service providers work together to coordinate comprehensive responses to violence.
- New
- Research Article
- 10.1016/j.ijlp.2026.102208
- Jul 1, 2026
- International journal of law and psychiatry
- Lena Eriksson
When changes in Swedish law were proposed that affected the professional jurisdiction regarding involuntary care, reactions from the medical community were strong. The chairman of the parliamentary committee responsible for the proposal described how he was met by "a thousand psychiatrists booing" when presenting the suggestions to a Swedish psychiatry congress four decades ago. That psychiatrists would have to make an application in court arguing for the necessity of involuntary care measures was regarded by the profession as deeply subversive. Fast forward to today, where several studies have shown that the administrative courts rule according to the psychiatrist's recommendation in nearly 100% of cases. This state of affairs has warranted attention from several fields. In this paper I discuss findings from a transdisciplinary project on decision-making practices regarding involuntary care. Applying the lense of empirical ethics, my examination focuses on how the central value of legal certainty [rättssäkerhet] is achieved as a matter of practice, that is how it is enacted when a variety of actors discuss decision-making and assessment in and around court hearings. Heeding the call for careful and symmetrical tending not only to practices and institutional arrangements of knowing but to those of not knowing, I draw on work from agnotology and the sociology of ignorance (Proctor & Schiebinger 2008, McGoey 2007; 2012). I argue that for legal certainty to be brought about it requires acts and infrastructures of not knowing.
- New
- Research Article
- 10.37232/sp.2026f
- Jun 30, 2026
- Studia Prawnicze / The Legal Studies
- Elnaz Nahavandi
This essay explores the potential for biodiversity litigation in Iran, where biodiversity loss has become a serious concern. Article 50 of the Iranian Constitution emphasises the need for environmental protection, yet most environmental cases are adjudicated by the Administrative Court of Justice, ignoring the precautionary principle. The paper examines the legal foundation for such claims under Article 10 of the Court’s legislation and compares Iran’s approach with the more efficient legal framework of the European Union. The objective is to enhance the efficacy of biodiversity litigation in Iran.
- Research Article
- 10.1080/09362835.2026.2675572
- May 24, 2026
- Exceptionality
- Susan Larson Etscheidt
ABSTRACT The Individuals with Disabilities Education Act (IDEA) requires that the annual goals included in the Individualized Education Program (IEP) be monitored to determine progress toward those goals. The IEP team is required to meet at least annually to review the IEP and to revise the IEP to address any lack of expected progress toward the annual goals. Due to the lack of a reasonable progress standard and guidance for evaluating the adequacy of the IEP, progress monitoring practices are inconsistent and often incongruent with the legislative intent. A qualitative, interpretive content analysis of legal decisions from state administrative, district and circuit court decisions was employed to explore the procedural and substantive violations of the progress monitoring IDEA requirements. The findings are presented in three themes, and recommendations for improving progress monitoring practices are offered.
- Research Article
- 10.58578/ahkam.v5i3.10150
- May 17, 2026
- AHKAM
- Subri Subri + 4 more
The State Administrative Court (PTUN) plays a central role as an instrument of judicial oversight of personnel administrative decisions that may harm State Civil Apparatus (ASN). This study aims to analyze the mechanism for resolving ASN personnel disputes through the PTUN from the aspects of authority, procedure, and the substance of personnel administrative decisions, as well as to examine forms of legal protection for ASN who are harmed by decisions of dishonorable dismissal. This study used a normative legal method with a statutory approach and a case approach, referring to Jakarta State Administrative Court Decision Number 170/G/2020/PTUN.Jkt as the main analytical material. The results show that the mechanism for resolving ASN personnel disputes through the PTUN is systematic and multilayered. ASN are first required to pursue administrative remedies in the form of objections and administrative appeals before filing a lawsuit with the PTUN, which subsequently examines the validity of the State Administrative Decision based on authority, procedure, and its conformity with the General Principles of Good Governance. Legal protection for ASN subjected to dishonorable dismissal is realized through two dimensions, namely preventive protection in the form of guarantees of a fair examination process and the right to defend oneself, and repressive protection in the form of the right to pursue the state administrative court mechanism accompanied by the right to rehabilitation if the lawsuit is granted. The conclusion of this study emphasizes that the PTUN has an important position in ensuring legal certainty, procedural justice, and the protection of ASN rights in personnel administrative disputes. The implications of the study show that the effectiveness of legal protection for ASN greatly depends on the quality of evidence and procedural compliance from the early stages of the personnel process.
- Research Article
- 10.30970/vla.2026.82.182
- May 17, 2026
- Visnyk of the Lviv University. Series Law
- Halyna Zabolotna
The article examines the legal framework for the use of artificial intelligence in administrative proceedings, emphasizing the significance of risk classification for effective regulation. The EU AI Act distinguishes between prohibited, high-risk, transparency-risk, and minimal-risk AI systems. AI tools designed to support judicial decision-making are generally classified as high-risk due to their potential effects on fundamental rights, procedural fairness, and legal certainty. The article analyzes the principal legal requirements for such systems, including risk management, data governance, technical documentation, transparency, human oversight, and cybersecurity. The issue of human oversight in the judicial context receives particular attention. Although judges may formally participate in human oversight mechanisms, they should not hold primary or exclusive responsibility for monitoring high-risk AI systems. Article 14(4) of the EU AI Act requires a degree of technical competence and operational control that cannot reasonably be expected from judges. Consequently, a more balanced model is proposed in which judges retain responsibility for legal assessment and final decisions, while technical experts and court administration assume responsibility for system-level supervision and operational control. The article further explores the potential integration of AI into Ukraine's administrative proceedings via the Unified Judicial Information and Telecommunication System. Should Ukraine enact legislation similar to the EU AI Act, the legal status of the State Judicial Administration of Ukraine will depend on the development and implementation of relevant AI modules, potentially qualifying it as either a provider or a deployer. The article concludes that any future Ukrainian model for AI use in administrative proceedings should ensure clear role allocation, risk-based differentiated regulation, and a realistic assessment of the limits of judicial involvement in technical oversight.
- Research Article
- 10.37634/efp.2026.5.3p
- May 15, 2026
- Economics Finances Law
- Olena Halus
Introduction. The paper analyses the administrative and legal framework governing the cancellation of political party registration in Ukraine due to the failure to nominate candidates in nationwide elections over a ten‑year period. The study outlines the constitutional foundations of party activity, as reflected in the decisions of the Constitutional Court of Ukraine, with emphasis on the constitutional purpose of political parties, the limits of freedom of association, and the requirement of continuous political participation as an element of democratic pluralism. The purpose of the paper is to clarify the legal nature and constitutional justification of the ten‑year non‑nomination rule and to assess its practical application. The research aims to determine the legal meaning of this period, analyse whether martial law affects its calculation, and evaluate scholarly proposals concerning the introduction of pre‑trial mechanisms for addressing violations. Results. The paper demonstrates that recent case law of the Supreme Court and appellate administrative courts has established a uniform approach to interpreting the ten‑year period as a continuous timeframe immediately preceding the Ministry of Justice’s application to the court. It is shown that cancellation of party registration is not a sanction but a legal acknowledgement of the factual absence of political activity. The analysis confirms that martial law does not suspend or interrupt the calculation of the period, as legislation provides no such exceptions. Academic proposals to introduce a pre‑trial mechanism are critically assessed and found incompatible with the constitutional nature of political parties and the principle of legal certainty. Conclusion. The paper concludes that the mechanism for cancelling political party registration is systemic, constitutionally grounded, and essential for ensuring genuine political competition and maintaining the stability of the party system. The ten‑year non‑nomination rule functions as an objective indicator of the absence of political activity and ensures that the register of political parties reflects entities that fulfil their constitutional role in a democratic society.
- Research Article
- 10.59324/ejahss.2026.3(2).22
- Apr 19, 2026
- European Journal of Arts, Humanities and Social Sciences
- Rafal Turki Meften
This paper takes a critical look at how the Administrative Courts in Iraq have exercised their judicial authority over administrative decisions. The main objective is to examine through constitutional provisions, statutory frameworks, and comparative jurisprudence what the structural development of administrative adjudication within Iraq has been from the monarchial period until present day (through late 2003), and to do so by examining the State Council (Majlis al-Dawla) and the Administrative Judiciary of the State Council and its power to review executive actions, as well as how these two institutions have addressed unlawful actions (ultra vires), procedural irregularities, and violations of the rule of law. In particular, it is intended to identify the systemic limitations associated with interference from the Executive Branch, a lack of independence within the Judiciary, fragmentation of the legislative framework, and gaps in enforcing the jurisdiction of administrative courts that hinder efforts to achieve the normative objectives inherent to judicial review. By making a comparative analysis of Iraq's Administrative Court with that of Egypt, France, and Jordan, the paper proposes a host of reforms that would enhance the independence, jurisdiction and enforcement abilities of administrative courts within Iraq. The results of this analysis support ongoing academic discussions concerning the rule of law, separation of powers, and administrative accountability in post conflict legal systems.
- Research Article
- 10.24144/2788-6018.2026.02.2.29
- Apr 17, 2026
- Analytical and Comparative Jurisprudence
- I O Umrykhina + 2 more
The article provides a comprehensive analysis of problematic aspects of legal regulation of proceedings in cases of violation of military registration rules, focusing on the interaction between the National Police of Ukraine and the TCC and SP when applying administrative coercive measures. The article examines the regulatory framework for the jurisdictional activities of the TCC and the SP, the specifics of their powers to consider cases of administrative offenses provided for in Articles 210 and 210-1 of the Code of Administrative Offenses, and analyzed legislative innovations related to the possibility of issuing a decision on the imposition of an administrative penalty without drawing up a protocol. It is argued that such a transformation of the procedural form, despite its focus on the efficiency of administrative response, creates risks for the realization of a person’s right to defense and expands the limits of the discretionary powers of officials of the TCC and the SP. Particular attention is paid to the study of procedures for the administrative detention and delivery of persons who have violated military registration rules and mobilization legislation. It has been established that the current model of interagency cooperation between the police, the TCC, and the SP is characterized by insufficient regulatory consistency between the provisions of the Code of Administrative Offenses, subordinate acts of the Cabinet of Ministers of Ukraine, and departmental instructions. It has been proven that such inconsistency creates legal uncertainty regarding the grounds, limits, and duration of the application of coercive measures, as well as creates preconditions for the violation of constitutional guarantees of freedom and personal inviolability. Based on an analysis of judicial practice, in particular the decisions of the Supreme Court, the Constitutional Court of Ukraine, and administrative courts, it has been substantiated that the use of delivery and detention for the purpose of “clarifying data” that can be obtained through electronic information interaction between state registries does not comply with the principles of legality, proportionality, and the rule of law. It is emphasized that the digitization of military registration, in particular the functioning of the “Oberig” system, creates new conditions for minimizing physical coercion and optimizing administrative procedures. It was concluded that improving legal regulation in this area should consist of a clear division of powers between the National Police of Ukraine and the TCC and SP, the elimination of conflicts between acts of different legal force, and the introduction of clear procedural guarantees when applying administrative detention and delivery measures. The implementation of such changes is a necessary condition for ensuring a balance between the public interests of the state in the field of defense capability and the adequate protection of human rights and freedoms.
- Research Article
- 10.18778/2956-3747.8.02
- Apr 14, 2026
- Paragraf. Studia z Prawa i Administracji
- Paweł Jan Chalcarz
The idea of the common good plays an important role both in the Polish legal system and in the system of administrative law. It is not only a constitutional principle, but also an important guideline for weighing the interests of individuals and the community as a whole. This principle has strong constitutional foundations, as its development is closely linked to the history of constitutional law and the history of administrative law and administrative science. Moreover, the principle of the common good has impressive administrative and legal connections, as it is closely related to concepts and tools of administrative law, such as administrative and legal interests. However, it turns out that, despite the importance of this principle for the entire legal system, it plays a relatively minor role in the case law of administrative courts for certain reasons.
- Research Article
- 10.21202/jdtl.2026.3
- Apr 10, 2026
- Journal of Digital Technologies and Law
- W T Chikwana
Objective: to investigate the process of implementing an Integrated Electronic Case Management System in Zimbabwean judicial system; to describe key problems, results achieved and lessons learned in order to facilitate access to justice and overall effectiveness of judicial proceedings. Methods: the research was carried out in the genre of applied doctrinallegal analysis with a descriptive approach to the phased implementation of the Integrated Electronic Case Management System. The methods used included studying legislation, analyzing the technical architecture of the system, integrating stakeholders and operational impacts, as well as a systematic review of internal reports of the Judicial Service Commission (JSC) of Zimbabwe, support service query logs, user registration statistics and empirical observations of the implementation stages and the change management program. Results: the introduction of the Integrated Electronic Case Management System automated the full cycle of the judicial process, from electronic filing of documents to the execution of decisions and appeals. It provided a noticeable increase in transparency and accountability through online case tracking and audit logs. Case review rates in higher instances increased, while accumulation of cases significantly decreased. Online registration mechanisms, virtual hearings, electronic signatures and online payments were introduced. At the same time, systemic obstacles were identified – unstable electricity supply, limited Internet access in remote areas, a shortage of devices, a low level of digital literacy, language barriers, and concerns about cybersecurity. Scientific novelty: the article presents a comprehensive empirical analysis of the nation-wide digitalization of judicial proceedings in Zimbabwe, which demonstrates the relationship between technological transformations and institutional parameters of independence, accountability, and access to justice. The author substantiated the role of a phased strategy and change management programs as conditions for sustainable digital transformation of the judicial system. Practical significance: the results provide practical recommendations for court administrators and policy makers: preference for phased implementation; strengthening infrastructure support and electronic registration centers; large-scale training programs; strengthening cybersecurity and harmonizing legislation to ensure inclusive, reliable and sustainable development of electronic justice.
- Research Article
- 10.1093/ulr/unag006
- Mar 24, 2026
- Uniform Law Review
- Mohamed Am Ismail
Abstract Liquidated damages (LDs) lie at the heart of every transaction and dispute, whether private–public, involving a State or a State-owned entity, or purely commercial, a private–private nature. This article tackles this theme in the specific context of the Middle East and North Africa (MENA) region, where the influence of Egyptian law—a civil law legal system—cannot be overstated. The article offers useful insights and analysis of some of the challenges that plague ‘dualist’ systems of law that distinguish between public law and private law, administrative courts and civil and commercial courts, and administrative contracts and private law contracts. The article is divided into four parts. Following an introductory section, the article is divided into four parts. The second section deals with the doctrine of penalty clauses in LDs in comparative approaches. The third offers the main objectives of harmonization of contract law principles and provides an analysis to the UNIDROIT Principles of International Commercial Contracts (UPICC) in LDs. The fourth provides an analysis to convergences and divergences between administrative and private contracts in Egypt and the English doctrine of LDs. Finally, the article offers concluding remarks and suggestions showing the necessity of UPICC in Egypt and the MENA region in light of punitive nature of LDs, given the reality of a clear lack of coherent uniform standards in awarding LDs in the region.
- Research Article
- 10.11594/ijmaber.07.03.01
- Mar 23, 2026
- International Journal of Multidisciplinary Applied Business and Education Research
- Atty Karpov B Ablang + 1 more
The Philippine judiciary has initiated technological reforms aimed at modernizing court administration and improving the efficiency and accessibility of judicial processes. Through the Strategic Plan for Judicial Innovations (SPJI) 2022–2027, the judiciary introduced initiatives such as electronic filing systems, digital case management platforms, and virtual hearings. While these reforms are intended to streamline litigation procedures and reduce administrative delays, concerns remain regarding the technological readiness of legal practitioners outside major urban centers. Provincial law offices often operate with limited access to reliable technological infrastructure, which may affect their ability to comply with emerging digital court requirements. This study examines how small-firm lawyers in the Province of Nueva Vizcaya experience and adapt to the ongoing digital transformation of litigation procedures. A qualitative phenomenological research design was employed to explore the lived experiences of practicing lawyers engaged in provincial litigation practice. Eighteen participants were selected through purposive sampling and interviewed using semi-structured interview protocols designed to capture their experiences with electronic filing systems, virtual hearings, and other technology-based judicial processes. Interview transcripts were analyzed through thematic interpretation using Colaizzi’s phenomenological method. The analysis revealed four central themes describing the digital divide in provincial litigation practice: constrained connectivity, negotiation of professional competence, adaptive strategies among practitioners, and uncertain expectations regarding the future of digital court systems. The findings suggest that digital judicial reforms create both opportunities and challenges for provincial practitioners and highlight the need for institutional support mechanisms that promote inclusive participation in emerging digital court systems.
- Research Article
- 10.30668/janus.148945
- Mar 16, 2026
- Janus Sosiaalipolitiikan ja sosiaalityön tutkimuksen aikakauslehti
- Essi Julin + 2 more
The comprehensive reform of the Child Welfare Act in 2007 aimed, among other things, to reform the decision-making system for care orders to improve the legal protection of those involved. The practice of layperson decision-making connected to social welfare boards was not considered to comply with human rights treaties and other legislation. This study examines the views experts had on care-order decision-making, based on 28 statements given to committees during the legislative preparation process, and what kind of image of care order as a decision emerged from these expert views. Four perspectives based on thematic content analysis were identified in the data: a strong legal protection perspective, an alternative professional expertise perspective, a critical conflict perspective, and a diminishing layperson perspective. Although the law was ultimately enacted with an emphasis on legal protection and administrative courts as the decision-making bodies in involuntary care orders, the perspectives that were set aside are reflected in the law through new provisions and the use of expert members in administrative courts. There was no longer room for the layperson perspective in this compromise of interests.
- Research Article
- 10.59851/mj.73.02.7
- Mar 6, 2026
- Magyar Jog
- Marcell Kárász
The Curia recently issued a uniformity decision on the issue of the time limit for amending claims in administrative court proceedings. The uniformity decision implemented a restrictive interpretation of the rules on amending claims in the Code of the Administrative Procedure. Pursuant to this, once the deadline for filing an administrative claim has expired, the so-called legal injury in the claim can no longer be amended. This means that up to the conclusion of the first hearing, only the 'grounds for the claim' presented in connection with the legal injury already specified may be amended, detailed, clarified, and supported by additional arguments, factual and legal references.
- Research Article
- 10.62383/sosial.v4i1.1570
- Mar 3, 2026
- SOSIAL: Jurnal Ilmiah Pendidikan IPS
- Sandra Leoni Prakasa Yakub + 4 more
This study aims to analyze the position of statutory regulations as the main limiting framework for administrative discretion in Indonesian administrative law, particularly after the enactment of Law Number 11 of 2020 on Job Creation. The main issue examined is the normative shift caused by the removal of the requirement that discretion must not contradict statutory regulations, which potentially weakens legal certainty and judicial control. This research uses a normative juridical method with a regulatory and conceptualization approach, and is supported by the theory of discretionary justice, balance of legal objectives, and good governance. The findings indicate that the elimination of formal legality requirements transforms discretion from a legally constrained authority into a broader administrative freedom, increasing the risk of abuse of power and weakening the objective standards of judicial review in administrative courts. The study concludes that such a shift undermines the core principles of the rule of law and necessitates constitutional review to restore legal certainty, accountability, and effective judicial oversight.
- Research Article
- 10.5117/tvar.2026.03.002.bosm
- Mar 1, 2026
- Tijdschrift voor Agrarisch Recht
- G Bosma
The article by Mr G. Bosma analyses recent case law on planning damage (now referred to as compensation for lawful government action), focusing on the concepts of ‘foreseeability’ and ‘otherwise compensated’, with reference to the case Limburg Real Estate (LRE) v the Municipality of Kerkrade. The Afdeling Bestuursrechtspraak van de Raad van State (the highest administrative court in The Netherlands) held that LRE is entitled to a new assessment of its claim. According to the Afdeling, the planning measure was not foreseeable: bare clear preparatory decisions, the age of the former zoning plan, and a draft zoning plan published online without formal public notice are insufficient to establish active risk acceptance. No distinction is made between professional and non-professional purchasers when applying the standard of the reasonably acting and informed buyer. The argument that the damage was otherwise compensated by LRE’s subsequent sale of the property at a substantially higher price was also rejected. A higher resale price alone does not constitute sufficient evidence; objective data must demonstrate that the planning damage was actually reflected in the purchase price. The ruling confirms that both ‘foreseeability’ and ‘otherwise compensated’ are applied strictly and restrictively. For legal practice, this underscores inter alia the need for concrete and transparent public decision-making, and for explicitly documenting in real estate transactions whether a purchase price is intended to cover planning-related damage.
- Research Article
- 10.5604/01.3001.0055.6567
- Feb 27, 2026
- Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych
- Anna Wójtowicz-Dawid
The issue of correctly determining VAT rates in bids submitted in tenders based on public procurement regulations for catering services has been the subject of much controversy for years. The distinction between catering services, food services, and the delivery of ready-made meals is crucial for determining the amount of tax due, and thus for the competitiveness and correctness of bids submitted in public procurement procedures. Legislative ambiguities and interpretative variability lead to a situation where contracting authorities and contractors bearthe risk of different classifications of the same services. Contractors are thus exposed to the risk of their bids being rejected as non-compliant with applicable law. Contracting authorities, on the other hand, bear the risk of selecting the wrong bid. The case law of the Court of Justice of the European Union, the Supreme Administrative Court, provincial administrative courts, and the National Appeal Chamber (hereinafter: KIO) plays an important role in bringing order to this area. Case law concerning complex services, the classification of services according to PKWiU (Polish Classification of Goods and Services), and the interpretation of the concept of “catering services” directly affects the quality of tax law and the certainty of trade. At the same time, case law shows that doubts about the application of reduced VAT rates remain alive and may lead to a violation of the principle of equal treatment of contractors in procedures based on public procurement regulations.The author analyses the impact of case law on the development of standards in this area, taking into account the practical consequences for contracting authorities and contractors. She points to possible directions for de lege ferenda changes that could reduce the risk of tax disputes and ensure greater predictability of the law in the catering services sector.The thesis of the article assumes that the activity of the judiciary in the area of public procurement is not limited solely to resolving individual disputes, but in fact takes on a quasi-regulatory function, consisting in clarifying and stabilizing normative areas left by the legislator in a state of uncertainty. As a result, case law has a real and direct impact on the shaping of conditions for fair competition in public procurement procedures.
- Research Article
- 10.31268/ps.2025.341
- Feb 27, 2026
- Przegląd Sejmowy
- Sebastian Czechowicz
This article constitutes an attempt at addressing doubts about the constitutionality of rendering the administration of certain preventive vaccines as an obligation of a legal nature. The article comprises the presentation of direct and indirect normative grounds for the compulsory preventive vaccination of children, as well as a discussion of the constitutionality of the restriction of certain civil rights and freedoms by the introduced obligation. An examination of relevant legal provisions is followed by an analysis of the jurisprudence (i.e. case law) of administrative courts. The purpose of this article is to determine whether the introduced obligation of compulsory preventive vaccination complies with the Constitution of the Republic of Poland, in terms of the legal construct of the said obligation and the proportionality of the impact of the ensuing restriction of citizens’ constitutional rights and freedoms.
- Research Article
- 10.5604/01.3001.0055.6568
- Feb 27, 2026
- Doradztwo Podatkowe - Biuletyn Instytutu Studiów Podatkowych
- Paweł Grzybowski
The article addresses the issue of non-uniformity in the real estate taxation of infrastructure used for collective water supply and sewage disposal. The author analyzes discrepancies in the jurisprudence of administrative courts, which differentiate the scope of taxation based on the legal form of the service provider—effectively favoring municipal organizational units at the expense of municipal companies. The publication supports the thesis that water and sewage activities, as the performance of non-profit public utility tasks, should not be classifiedas business activity under the Act on Local Taxes and Fees, regardless of the subjective status of the provider