Administrative Court Research Articles

The role of Turkish administrative courts in developing jurisprudence on refugee rights: review of the judgments of the administrative courts from 2014 to 2021

ABSTRACT Turkish administrative courts have a unique role in developing jurisprudence after the adoption of the Law on Foreigners and International Protection in 2014. This article analyses Turkish administrative courts' judgements from 2014 to January 2021 and examines whether there is consistency in the case law of the administrative courts. This article concludes that the decision-making of the administrative courts is still too much of a lottery. There are three main reasons that lead to inconsistencies in the jurisprudence of the administrative courts. The first reason is that court decisions explaining the reasons for their adjudication are not published. Second, some articles in the asylum law give large discretion to the administrative authorities under public security and public order. The third reason is deficiencies in the training of administrative judges and a lack of case law.

Legal Certainty in the Decisions of the Honorary Council of the Constitutional Court: A Case Study of Chairman Anwar Usman's Ruling

The existence of the Constitutional Court in the life of the nation and state is in order to guarantee and prove the existence of positive law, especially laws, so that these laws remain in accordance with the constitution so that later the constitutional rights of citizens can be maintained. The purpose of this research is as evaluation material and learning material for law enforcers, students and other parties. This type of research is included in the juridical-normative category, namely research carried out by examining theories, concepts, legal principles and regulations that are appropriate and related to the object of research. The Constitutional Court decision that has been issued against Anwar Usman cannot be challenged in the State Administrative Court because the Constitutional Court's decision is not a state administrative decision so it does not fall within the scope of what can be litigated in the state administrative court. Another reason that could be the basis for approval or inaccuracy of the State Administrative Court's lawsuit in relation to the Constitutional Court's decision is related to the ad hoc nature inherent in the Constitutional Court. Compliance with ethical standards in the decision-making process in law enforcement agencies is a crucial element in maintaining the trust and reputation of state administration in the eyes of the public. The presence of ethical standards in the Constitutional Court is considered the basis for upholding constitutional principles which are moral and behavioral guidelines for all members of the judiciary.

Collegiality and Dissent in Polish Administrative Courts

This article addresses a gap in existing research by focusing on the often-neglected realm of judicial interactions and internal dynamics within specific courts concerning the phenomenon of votum separatum. We examine the forms and practices of collegiality within Polish administrative courts and their influence on judges' decisions to file dissenting opinions. Additionally, we investigate the reactions of fellow judges when a dissent is announced. Our qualitative research methodology relies on in-depth interviews to prevent the imposition of predefined categories. Participants were encouraged to recount their experiences related to composing or participating in decisions involving dissenting opinions. This approach led to the emergence of categories related to collegiality, its functions, and inherent tensions. Our findings reveal that collegiality manifests in various forms beyond panel deliberations. Notably, our research uncovers the existence of departmental meetings in provincial administrative courts where issues addressed in dissenting opinions are discussed. Furthermore, judges' perspectives indicate that the most common scenario leading to dissenting opinions arises when judges from different panels reach opposing decisions. This dilemma prompts judges to choose between adhering to the initial panel's decision or voting for a divergent position proposed by the second panel. Finally, our observations within courtrooms highlight that the ideal of the dispassionate judge does not exclude subtle expressions of surprise or disappointment. These findings enrich our understanding of judicial interactions, shedding light on the complexities of collegiality and dissent within the context of Polish administrative courts.

ISSUES OF ORGANIZATIONAL AND LEGAL SUPPORT FOR THE PROTECTION OF INTELLECTUAL PROPERTY IN ADMINISTRATIVE COURTS

In this article, consistent measures are being implemented in our country to improve the results of intellectual activity and the mechanisms of introducing innovations to economic sectors, to create regional brands, to ensure reliable legal protection of intellectual property, in particular, the specific features of considering cases related to intellectual property protection in administrative courts are highlighted. Also, the article provides suggestions and recommendations on improving the legislation to ensure reliable legal protection of intellectual property in administrative courts.

Analyze the Approval Standards of biotech and Pharmaceutical Companies: The Supreme Administrative Court's Judgment No. 14 in 2020

Analyze the Approval Standards of biotech and Pharmaceutical Companies: The Supreme Administrative Court's Judgment No. 14 in 2020

MAIN TRENDS AND PROSPECTS FOR IMPROVING THE ADMINISTRATIVE JUDICIAL SYSTEM

The article is devoted to the analysis of the judicial system reform in the Republic of Uzbekistan, with a focus on the establishment and development of administrative courts. It describes the necessity of changes driven by democratic transformations and state modernization. The article provides data on judicial practice, highlighting the significance of administrative courts in protecting the rights and freedoms of citizens, as well as the interests of legal entities. Issues related to the jurisdiction of administrative cases and the territorial accessibility of courts are analyzed. The article examines international experience in the functioning of administrative courts, serving as a basis for proposals to further improve the administrative justice system in Uzbekistan. The importance of optimizing the activities of administrative courts is emphasized to ensure the rule of law and protect citizens' rights in the context of New Uzbekistan.

Employee Performance Effectiveness at the Makassar State Administrative Court Office

Effectiveness is the relationship between output and goals or it can also be said to be a measure of how far the level of output is, effectiveness is also often used to measure the success achieved by organizations or companies related to planned programs. Employee effectiveness is a key factor in ensuring the smoothness and quality of legal services provided. This study is qualitative descriptive research that aims to find out the picture of the effectiveness of employee performance at the Makassar State Administrative Court office. The data collection technique uses observation, interview, and documentation. The data analysis technique in this study uses data condensation techniques, data presentation, conclusion and verification. The results of the study show that the effectiveness of employee performance at the Makassar State Administrative Court office, seen as a whole, is good and effective. This can be seen from the fulfillment of the eight performance indicators, namely work quality, efficiency, work discipline, initiative, precision, leadership, honesty, and creativity. In an organization or agency, it can run well if employees understand their duties and responsibilities so that the services provided to the community can run well. Employees are a very important resource because employees are one of the elements of the apparatus that institutionally become part of government management to carry out their main tasks and functions in government, development, and service to the community. Services to the community by the government in all fields.

재판업무 지원 AI 도입에 관한 헌법적 고찰

In the contemporary intelligence information society, artificial intelligence (AI) is being utilized in various sectors due to the advancement of science and technology. Amidst this trend, the legal technology (LegalTech) industry, which integrates technology with legal advisory and litigation services, has been experiencing a leap in growth. Furthermore, the application of artificial intelligence in the judicial duties of judges is garnering significant interest and expectation for speeding up legal proceedings and enhancing the efficiency of judicial administration. Artificial intelligence used in the judiciary can be broadly classified into two types. First, there is AI that entirely replaces human judgment, exemplified by the initiative in Estonia in 2019 to implement AI for conducting small claims trials. Second, there is AI designed to assist human judges, such as algorithms that help draft verdicts based on similar case precedents or provide appropriate sentencing recommendations for defendants in criminal trials. In this regard, some state courts in the United States have incorporated the COMPAS algorithm into sentencing procedures within criminal justice processes. This surge in AI development seems to have an international impact on judicial procedures, influencing the judicial policies of the courts in South Korea significantly. Specifically, National Court Administration has announced plans to alleviate the workload of judges and address the issue of trial delays through the introduction of what is referred to as the ‘Next-Generation Electronic Litigation System.’ However, while AI technology may assist in accelerating trial processes, there are considerable concerns regarding the protection of litigants' right to a fair trial and democratic legitimacy. Above all, the potential for data and algorithm errors in judicial-use AI could compromise the fairness of trials or lead to miscalculation due to biased legal decisions. This study examines the constitutional issues concerning the advent of AI judges in the era of artificial intelligence are explored, particularly the infringement of the litigants' right to a fair trial, the problems of restoring the original state following miscalculation, and the responsibilities of judges. Furthermore, the study examines legislative trends abroad concerning the use of AI in judicial tasks, and seeks legislative improvement strategies for the principles and premises that must be adhered to by AI utilized in the judiciary during the era of artificial intelligence.

Analysis Of Cancellation Of Land Rights Certificates In Certificate Overlapping Cases

This study aims to determine and analyze how the cancellation of a land title certificate due to an overlapping certificate. This case study examines Mataram State Administrative Court Decision No.54/G/2022/PTUN.MTR Jo. State Administrative High Court Decision No.25/B/2023/PTTUN.MTR uses the perspective of equitable legal certainty to find out and analyze the overlapping problems that are still often encountered in Indonesia. The problem of the research is the background of the occurrence of an overlapping certificate in Decision No.54/G/2022/PTUN.MTR and what implications arise against the disputed object land. The research method used is normative legal research using a case approach and using primary legal materials including Decision No.54/G/2022/PTUN.MTR on the occurrence of an overlapping certificate. The result of this research is that the certificate issued by the National Land Agency has been deemed defective and must be canceled so as not to harm the Plaintiff as the legitimate holder of the Certificate of Ownership with evidence in the form of a Sale and Purchase Letter between the Plaintiff's parents and the Defendant's parents.

Postulat posiłkowego stosowania zasad prawa karnego a odpowiedzialność z tytułu administracyjnych kar pieniężnych

The article focuses on the problem of liability for administrative fines, taking into account elements of a subjectivising nature of administrative liability to demonstrate the possibility of subsidiary application of criminal law provisions by public administration bodies. Through the analysis of the case law of the Supreme Administrative Court, selected Regional Administrative Courts, the Constitutional Tribunal, as well as the European Court of Human Rights, it is shown that the problem of measuring and imposing administrative fines on the basis of the provisions of substantive administrative law and Section IVa of the Code of Administrative Procedure requires a much broader analysis than any conducted thus far. Due to the legislator’s failure to guarantee the correct scope of legal protection that would include demonstrating the circumstances that are also of a subjective nature, obliged entities have been deprived of numerous legal guarantees provided not only in Article 42(2) of the Constitution of the Republic of Poland but also in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The analysis of the nature of administrative fines proves that the current regulations of Section IVa of the Code of Administrative Procedure require significant reform, in particular, to guarantee the absence of arbitrary imposition and execution of administrative sanctionsby public administration bodies. Verifying the judgments from the point of view of taking into account the subsidiary application of the provisions of criminal law has made it possible to present a discussion on the nature of administrative liability, which is first and foremost of significance in terms of implementing the obligations of the State Party to the ECHR within the framework of taking into account subjective circumstances, but also in terms of the application of the ne bis in idem principle in the situation of concurrence of criminal and administrative liability. With this in mind, a de lege ferenda postulate is to amend the provisions of Section IVa of the Code of Administrative Procedure by including in its scope additional legal guarantees of obliged entities while taking into account the principle of legalism in its broadest sense.

Usługi wczesnego wspomagania rozwoju dziecka w prawie oświatowym

Early support for child development is a form of targeted and specialized support for a child who has not yet started fulfilling educational obligations. It is implemented in order to stimulate the child’s psychomotor and social development, from the moment of detecting a disability until the child starts school. It is intended to prevent potential future failures in school education. Early support for child development is a conglomerate of public services whose type, scope and frequency of provision are adapted to the needs of a specific child, and take into account their individual limitations. The right to use these services stems from an opinion issued by the adjudicating panel of a public psychological and pedagogical counseling center confirming the child’s need for early development support. The article discusses the legal aspects of the public task of organizing and providing services in the field of early development support. The aim is to explain the meaning of the concept of early support for child development, discuss the legal provisions regulating them and determine the ratio legis of their introduction into the Polish legal system. It also involves identifying intangible services falling within the scope of early support for child development, determines their beneficiaries and identifying the entities providing them. In the context of acquiring the right to use these services, special attention will be paid to the opinion issued on the need to support early child development, in particular, the procedure for its issuance it and its components. In order to achieve the research goals, the dogmatic-legal method will be used, consisting of the analysis and interpretation of the texts of legal acts. Administrative court jurisprudence regarding the subject of the article will also be taken into account to the required extent.

Control proceedings as a non-sue procedure of administrative jurisdiction

In accordance with Part 1 of Art. 12 of the Code of Administrative Proceedings of Ukraine, administrative proceedings are carried out in the order of legal proceedings (general or simplified), which, among other things, are used to consider some appeals by subjects of power due to the requirement established by law to confirm powers before their implementation. There is no special judicial procedure for consideration of such appeals by the Code of Administrative Proceedings of Ukraine. The paper argued the need for a legislative definition of the non-suitable procedure of administrative proceedings and proposed "control proceedings" as a model for its implementation. It is noted that administrative proceedings may not have a single procedure for its implementation and should be reflected in various procedures, and development of legislation in this area should be directed to the implementation of effective judicial protection mechanisms that would be relevant to today's challenges. According to the proposed model of control proceedings, the subject of power will have the procedural status of the applicant, and the person whose rights, freedoms and legitimate interests may be restricted/violated will have the status of a private person. It is in the control proceedings that the principle of official clarification of all the circumstances of the case can manifest itself most fully. The expediency of the legislative change in the procedure for considering cases of administrative offenses, which are currently considered by the courts according to the rules established by the Code of Administrative Offenses, is argued, and the use of control proceedings for the consideration and resolution of such cases is proposed, in which the subject of authority, after drawing up a protocol on the commission of an administrative offense by a person, will turn to of the administrative court with a statement confirming the authority to apply the corresponding administrative penalty, and the administrative court will consider such a statement according to the rules established by the Administrative Court. Emphasis is placed on changing the functions of the court from "punitive" to controlling. It has been proven that the implementation of control proceedings as a non-suitable procedure of administrative proceedings will have a positive effect on the level of protection of the rights, freedoms and legitimate interests of private individuals, will contribute to the building of public trust in the state, and will lead to the development of administrative justice in particular and justice in general.

Upaya Hukum Tata Usaha Negara Terhadap Polemik Penganugerahan Gelar Kehormatan Akademis

The awarding of honorary academic degrees in the form of a chancellor’s decision always gives rise to positive and negative assessments from academics and the public. The aim of this research is to analyze the chancellor’s decision regarding the awarding of honorary academic degrees regarding the qualifications for the State Administrative Decree (KTUN) which is the absolute competence of the State Administrative Court (PTUN) as well as legal remedies for the polemic that arises as a result of the issuance of this decision. Next we will explain the efforts law regarding disputes that arise as a result of the rector’s decision. This research uses a type of juridical-normative legal research with a historical, conceptual and normative approach. The results of this research show that the rector’s decision regarding the awarding of academic honorary degrees, both honoris causa doctoral degrees and professorial degrees. Honor is a State Administrative Decision (KTUN) and is included in the absolute authority of the PTUN so that if a dispute arises, the resolution can be reached through the PTUN. The conditions for granting honorary academic degrees are the result of accumulated historical thought and experience in the legal dynamics that govern it. The legal remedies for the emergence of TUN disputes related to the chancellor’s decision regarding academic honorary degrees are the same as resolving KTUN disputes in general, namely through administrative efforts or litigation efforts through the PTUN.

Gospodarowanie odpadami komunalnymi w czasie kryzysu geopolitycznego z punktu widzenia budżetu gminy

The article aims to present the problem of paying for municipal waste management in the face of the influx of refugees caused by the war in Ukraine. The number of people residing in Poland has significantly increased, and as a result more waste is generated. The authors analyse current legal regulations and judgments of administrative courts and the Constitutional Tribunal to determine who is obliged to pay the municipal waste management fee and what proper steps this entity should take. Due to the nature of the problem, the dogmatic-legal method was used to analyse the texts of legal acts, court decisions and available literature. The solution proposed by the authors can be used in practice by the bodies of local government units adjudicating the determination of the municipal waste management fee amount.

INFLUENCE OF QUALITY CIRCLES ON LABOUR PRODUCTIVITY IN THE JUDICIAL SERVICE IN NYERI COUNTY

Labour productivity was an important factor in the success of a company. A company’s output was as much dependent on labour productivity as it was on capital productivity. The study sought to examine the influence of quality circles on labour productivity in the judicial service in Nyeri County. The study adopted the descriptive design. The target population comprised 43 Magistrates, 93 Court Administrators, and 145 Lawyers (members of the Nyeri Law Society). Using 30% representation, a sample size of 13 Magistrates, 21 court administrators, and 44 Lawyers (members of the Nyeri Law Society) was utilized. The study used cluster random sampling to select 8 clusters, stratified sampling to identify the sample within each cluster, and simple random sampling to choose respondents from each stratum. It collected quantitative and qualitative data using questionnaires and interviews, then used statistical analysis to organize, summarize, and present the data. Quantitative data was analyzed with descriptive statistics (frequencies, percentages, means, and standard deviation) and presented in tables, graphs, and charts. The study demonstrates there is a very strong positive correlation between labour productivity in courts and quality circles, with a coefficient of 0.875 and a significance level of 0.000. This means that courts that implement quality circles tend to have higher levels of labour productivity The regression analysis shows that technology use significantly enhances productivity, with a one-unit increase resulting in a 0.265 standard deviation rise (Beta = 0.265, p = .026). The study recommended that the judicial service should improve the technology infrastructure to boost productivity and performance in the legal sector.

THE INFLUENCE OF TECHNOLOGY USE ON LABOUR PRODUCTIVITY IN THE JUDICIAL SERVICE IN NYERI COUNTY

Labour productivity was an important factor in the success of a company. A company’s output was as much dependent on labour productivity as it was on capital productivity. The study sought to examine the influence of technology used on labour productivity in the judicial service in Nyeri regional courts. The study adopted the descriptive design. The target population comprised 43 Magistrates, 93 Court Administrators, and 145 Lawyers (members of the Nyeri Law Society). Using 30% representation, a sample size of 13 Magistrates, 21 court administrators, and 44 Lawyers (members of the Nyeri Law Society) was utilized. The study used cluster random sampling to select 8 clusters, stratified sampling to identify the sample within each cluster, and simple random sampling to choose respondents from each stratum. It collected quantitative and qualitative data using questionnaires and interviews, then used statistical analysis to organize, summarize, and present the data. Quantitative data was analyzed with descriptive statistics (frequencies, percentages, means, and standard deviation) and presented in tables, graphs, and charts. The study demonstrates a very strong positive correlation between labour productivity in courts and technology used (coefficient of 0.746 with a significance level of 0.000. The regression analysis shows that technology use significantly enhances productivity, with a one-unit increase resulting in a 0.265 standard deviation rise (Beta = 0.265, p = .026). The study recommended that the judicial service should improve the technology infrastructure to boost productivity and performance in the legal sector.

A Critical Study on Judicial Review in Administrative Action

Judicial Review can be understood as a form of court proceeding, usually in the Administrative Court where the lawfulness of a decision or action is reviewed by the judge. Where there is no effective means of challenge, judicial review is available. The concern behind Judicial Review is that whether the law has been correctly applied with and right procedures have been followed. In order to scrutinize the legitimacy of administrative action and the statutes, the Constitution of India has given influences to the Higher courts and the Supreme Court of India. To guard the rights of public and implement the fundamental rights are the main objects of judicial review. If any difficulty arises between State and Center relation, then Article 246 and the Schedule 7 of the Constitution has marked the working zone for the regulation construction between both State and Center. Judicial review plays an important role as a protector when the executive, judiciary and legislature harm the Constitutional values and deny the rights. The judicial assessment is considered as an indispensable feature in the country. In India, there is parliamentary form of democracy where every section of people is involved in decision making and policy making process. It is true that the primary duty of the court to apply rule of law and is the groundwork of social equality. By exercising new powers of Parliament, rule of law which is to be applied by the court cannot be modified. All those here, who are doing public duty, are accountable. They have to work within the democratic provisions of the Constitution of India. The concept of separation of power and rule of law is judicial review. The influence of judicial assessment has been so long under Articles 226 and 227 in case of High Court and Articles 32 and 136 of the Constitution of India for the review.If found unconstitutional, the following provision shall be made void. The most distinctive feature of the united states supreme court is its power of judicial review. As the guardians of the constitution the judiciary is that they can review the laws which may violate the constitution of the country

The Mediation Existence and Opportunities of State Administrative Court in Supreme Court Regulation

The implementation of mediation in the Indonesian judiciary is regulated in Supreme Court Regulation (PERMA) No. 1 of 2016 on Mediation Procedures in Courts. However, the PERMA only regulates the practice of mediation in District Courts and Religious Courts, not in the State Administrative Court. Nevertheless, the PERMA allows the State Administrative Court to conduct mediation by the provisions of the legislation. However, practical guidelines governing mediation at the State Administrative Court are not detailed. In practice, this legal vacuum has led to a lack of optimisation of mediation as an instrument of dispute resolution at the State Administrative Court. The research aims to analyse the extent of the opportunities provided by the Supreme Court in PERMA No. 1 of 2016 to implement mediation procedures at the State Administrative Court. This research is normative juridical and analytical descriptive conducted by literature review. The data was collected using the documentation technique to be analysed using the normative analysis method. The analysis indicated no specific rules regarding the implementation of mediation at the State Administrative Courts. Still, the opportunity is wide open when viewed from the type of case, which is generally included in the civil case type. Furthermore, then PERMA is not the only absolute legal basis for the implementation of mediation at the State Administrative Court, as confirmed in Article 130 HIR and Article 154 RBg. The PERMA only fills the legal vacuum related to mediation procedures not explained in the previous regulations. Therefore, it is necessary to reform the law related to mediation at the State Administrative Court to achieve a court with integrity, speed, simplicity and low cost.

Afghan Women Are Under Threat from the Taliban: A Great Test of the Turkish Government and the Courts

Abstract This article examines how Türkiye evaluates the protection requirements of Afghan women fleeing from persecution in Afghanistan. It considers whether Türkiye grants refugee status to Afghan women as members of a ‘particular social group’ or on other Refugee Convention grounds. It analyses the jurisprudence of Türkiye’s Administrative Courts and Regional Administrative Courts concerning international protection claims lodged by Afghan women between August 2021 and June 2023 to determine whether Türkiye follows a gender-sensitive interpretation of the Refugee Convention and respects the principle of non-refoulement.

Linkage of administrative family court care proceedings and hospital records for mothers in England: linkage accuracy and cumulative incidence of family court care proceedings after a first live birth

IntroductionLinkage of public law family court care proceedings (CP) data to all women giving birth in NHS hospitals in England allows calculation of the cumulative incidence of CP involvement for mothers with first children born. ObjectivesTo assess linkage accuracy and determine the 10-year cumulative incidence of CP after a first live birth (FLB) for population subgroups. MethodNHS England linked records for mothers in Cafcass (Children and Family Court Advisory and Support Service) involved in CP (2007-2021) to all mothers with a delivery in England using Hospital Episode Statistics (HES: 1997-21). We calculated match rates and assessed indirect evidence of potential false positive and missed links. We used survival analyses to estimate cumulative incidence of CP within 10 years overall and for five-year maternal age groups at first live birth. ResultsOf 120,937 mothers involved in CP, 6.6% (n = 8,010) were excluded due to missing postcode or date of birth, or age < 15 or > 50. Of the remaining 112,927 mothers, 92,891 (82.8%) were linked to a HES delivery record. Match rates were lowest for mothers with an ethnic minority background, older at first case, or residing in Greater London, but improved over time. Of 3,572,737 mothers with a FLB, 38,462 had CP involvement. The cumulative incidence of CP at 10 years from FLB was 1.31% (95% Confidence Interval [CI]; 1.29-1.32) overall and highest in mothers aged 15--19 years (6.79%, 95% CI: 6.69-6.89) and those living in the most deprived areas (2.47%, 95% CI: 2.43-2.51). ConclusionOne in 77 of all mothers and one in 15 aged less than 20 at first live birth were involved in CP within 10 years. Linkage error may underestimate the incidence of CP for mothers in London or with an ethnic minority background.