ADMINISTRATIVE LAW (PART I) Class: 1

1.adm. law is being taught in many institutions of higher education as well as in numeorus special institutes, 2.for a long time adm. law have been a subject of research and it becomes more and more popular as a subject of teaching, 3.the role of adm. law in contemporary states and society is so great and obvious that it seems to be needless to develop any further arguments to prove it, INTRODUCTION TO ADM. LAW:

4. a modern state cannot function without adm. law and, public administration cannot function without administrative law, 5. adm. law involves the study of how those parts of our system of government that are neither legislatures nor courts make decisions. These entities, referred to as administrative bodies, are normally located in the executive branch of government and are usually charged with the day–to–day details of governing, 6. according to Professor T. Rakoff from Harvard Law School ”Administrative law…[controls] how government operates.”

ADM. LAW AND ITS POSITION IN THE LEGAL SYSTEM  Adm. law is the branch of legal system.  Adm. law belongs to a broader category of public law.  Adm. law, especially together with constitutional law, determines not only the existence and organisation of public administration but also the range, principles and forms of its activity.

ADMINISTRATIVE LAW 1. is the most extensive and flexible body of law controlling the legal situation of both individuals and almost all other subjects operating within the state 2. usually contains imperative norms (absolutely binding norms – ius cogens) 3. is usually supported by public power 4. has a broad scope 5. is difficult to codify 6. has rules which are inserted in acts of different rank, enacted by various organs, in different periods of time 7. is not politically neutral (in the words of Ronald Dworkin it is a political enterprise) 8. is difficult to interpret 9. includes local law binding on the territory of the organ issuing it.

Administrative law Structural a.l. (who is acting?) Substantive a.l. (what is the object of the action?) Procedural a.l. (how are they acting?) Internal division of administrative law

MAJOR FIELDS OF ADMINISTRATIVE LAW: 1. Organizational administrative law, concerning the organization of administrative authorities, institutions and agencies, as well as rules regulating the distribution of tasks and competences, and is linked with civil service law; 2. Substantive administrative law, concerning the competences of specific entities of administration involving the rights of citizens, as well as rights and obligations of citizens; 3. Formal administrative law, called administrative procedure, is concerned with developing rules and procedures for administrative agencies or administrative courts.

1. SUBSTANTIVE ADM. LAW: 1. the most extensive group of norms, 2. includes statutory rights and duties created either when the authourity of law itself issues statutes, orders or acts of local law; or when the appropriate organ of the public governmental or self-governmental administration issues an administrative act (e.g. administrative decisions), 3. is comprised of many and diverse norms, such as laws on citizens, police, passports, foreigners, population evidence, regulations regarding acts under martial status education and many others.

2. ORGANIZATIONAL ADM. LAW:  Regulates a widely understood structure of public administration: 1. structures of public administration bodies, 2. forms of their internal interrelationships, 3. rules of appointing and dismissing the organs, including agents and other authorized persons, 4. systems for dividing up the functional competences of the organs, 5. principles for organizing the offices as auxiliary units of organs.

3. ADM. PROCEDURAL LAW 1. represents the form of proceedings in individual administrative cases adjudicating on public laws and legal responsibilities in the form of administrative decisions 2. Comprises so-called administrative procedural norms, regulates the function of public administration organs, primarily including the Polish Code of Administrative Proceedings and the function of administrative courts (judicial administrative trail). Litigious norms are regulated in the statute from 30th day of August 2002 on proceedings before the Administrative courts.

THE NATURE OF ADM. LAW:  adm. law in its modern form is a relatively young branch of law  administrative law evolved into a modern branch of law at the turn of 19th century  the idea of creating this branch of law was to protect people from arbitrary action of public authorities  public law in the modern concept which offers an account in governing authority in legal terms and is formed by reworking the medieval idea of the sovereign state. The nature of the concept is explain mainly through examination of the writing of Bodin, Pufendorf and Rousseau

THE HISTORY OF ADM. LAW:  the history of administrative law on Europe reflects the emergence and evolution of administrative power within the nation state over the last and two half centuries  for the Continental European legal theory and tradition, administrative law is founded on two principles, emanating from the era of the French Revolution: on the one hand on the principle of autonomy and self-reliance, meaning that public administration has its own, distinctive legal system; on the other hand, administrative law in Continental Europe is based on the principle of the rule of law, whereby also the public sector, the State have to comply to the provisions of law

Administrative law unification deetatization europeanization international treaties globalization liberalization privatization of public tasks EU standards EU integrationrule of law

ADM. LAW IN THE INTERNATIONAL, EU AND NATIONAL PERSPECTIVE Nowadays, adm. law operates in the international level at a legal and institutional vacuum; the constitutional framework, in which the domestic administrative law operates, is missing. It appears, however, that international law is elaborating mechanisms and procedures for its ‘constitutionalisation’, mainly through rules of a constitutional content and nature.

Differences between domestic and European administrative law: a) domestic administrative law is founded on one, and single authority, the Government. European administrative law, on the other hand, recognizes two authorities, the Council and the Commission, which preside over the public administration at the EU level; it has to be born in mind also that the composition of the EU is complex, as it combines both European and national/domestic (i.e. of member-states) administrative bodies. b) domestic administrative law is characterized by a bi-polar relationship between the citizen and the Administration. The European administrative law is characterized by a tri-polar relationship, between citizens, the Commission and the national governments.

c) domestic administrative law forms a special branch of law, and public administration may impose it directly, while the enforcement of European administrative law is guaranteed either through the jurisprudence of the ECJ or with the assistance of member-states’ public administration. d) domestic administrative law is based on the national/domestic Constitution, and the legal order that it [the Constitution] describes. The European administrative law, due to the lack of a Constitution, draws its constitutional foundations from the Treaties, the general principles of law and the common legal traditions of member-states in the area of administrative law.

Apart from the differences and particularities that global adm. law presents vis-à-vis traditional domestic adm. law, it also demonstrates important similarities:  it regulates the relations of an organization with regulatory competences and powers, that issues decisions and acts (or omissions) directed both to its members but also to third parties, while there is also a – more or less developed- system of judicial review and protection for resolving or mediating disputes arising from the operation of the organization  global adm. law distinguishes itself from domestic on yet another crucial point, the lack of exclusive jurisdiction

Thank you for your attention! 1.Administrative law and Policy of the European Union, Hoffman H.C.H., Rowe G.C., Türk A., Oxford University Press Duniewska Z., Administrative law, [in:] Introduction to Polish law, Wyrozumska A., (ed.), Łódź Metzler E.L., The Growth and Development of Administrative. Law, avaiable at: 911&context=mulr 911&context=mulr 4.Możdzeń-Marcinkowski M., Introduction to Polish administrative law, Second revised edition, C.H. Beck, Warszawa 2012.