General Principles of Administrative Law

Flashcards on the general principles of administrative law.

Principles of Administrative Law

Legal norms of fundamental importance for the entire law or its branches, located at the top of the hierarchy of norms.

Legality

Authorities act only under and within the framework of legal norms.

Equality

The order that people in the same situation be treated comparably; prohibition of discrimination.

Impartiality

Activities of public bodies should be independent of any collateral influences and aimed at fulfilling the tasks of the state.

Legal Certainty

Emphasis on the procedural aspects of its validity, transparency, clarity, and consistency with other legal regulations.

Principle of Legality (British Common Law)

A common law rule of statutory interpretation that Parliament may only legislate to override constitutional norms using clear language.

Legitimate Expectations in EU Law

Concerns the relationship between public administration and individuals, protecting confidence in administrative activities while allowing for necessary changes.

Subsidiarity

Organs of the state should be located as close to the citizen as possible, enabling citizen participation in the exercise of public authority.

Decentralisation

Lower-level bodies are not hierarchically subordinate to higher bodies; they carry out tasks independently, subject to supervision based on legality.

Participation

All members of a community or organization are involved in and have influence on decisions related to development activities.

Access to Information

The public's right to receive environmental information held by public authorities.

Public Participation

The right of the public to participate in environmental decision-making.

Access to Justice

The public's right to review by a court or other independent body to ensure that public authorities respect access to information, participation, and environmental law.

Proportionality

Public administrative bodies should moderate the objectives and severity of their measures, balancing the public good with individual interests.

Transparency

A central element of accountability and a key part of public life in a democratic society, generally related to the right to know.

Control (as a Function)

Examination of the existing condition, comparison with the desired state, and determination of discrepancies.

Administrative Courts

Courts that specialize in administrative law, adjudicating cases involving the state and private entities.

Administrative Tribunals

Adjudicatory body that is not a court.

Cassation Adjudication

Consists in revoking the contested decision and obliging the authority to resolve the case according to the court's judgment.

Reformatory Model

Court decision replaces the decision of the administrative authority.

Ombudsman

Institution with the primary function of controlling the activities of public administration and protecting individual rights.

Accountability

Duty to act responsibly and be accountable to others for one's actions.

Civil Servant

Employee of the executive power with special duties, responsibilities, and requirements.

Career Model of Civil Servant Features

Public contract and appointment for lowest position only.

Contractual Model of Civil Service Feature

Recruitment for all jobs and no statutory education requirement.

Constitutional Reform and Governance Act of 2010

Act manages the state administration in the case of civil servants and the Minister of Foreign Affairs in the case of diplomats

Civil Service Code

Regulates in more detail the relations between the ministers and civil servants and contains commitment to treat government civil servants apolitically

Senority

Determined by which year one entered a ministry

Judicial Review of Admin Actions

Replacing an administrative judgment with its own.

Feature of China's Ancient Administration

Developed a highly centralized structure of power.

Administrative Reconsideration

A mechanism of dispute resolution within the administrative branch. The citizens can bring up their complaints to the superior administrative organs or the people’s governments at the same level.

Civil Servant -China

An employee who performs official duties in accordance with law, whose job is a part of government organizational set-up and whose salary and benefits are paid by the State.