Administrative Justice – Term, History, Place in the Legal Regulation

1. Administrative Justice – Term, History, Place in the Legal Regulation Juraj Vačok juraj.vacok@flaw.uniba.sk Administrative Justice

2. Legal regulation • no. 99/1963 Coll. Civil Procedural Code in amendments • special Laws Administrative Justice

3. Constitutional basis • Article 46 § 1 of the Constitution of the SR: Everyone may claim his right in a manner laid down by law in an independent and impartial court and, in cases laid down by law, at another body of the Slovak Republic. • Article 46 § 2 of the Constitution of the SR: Anyone who claims to have been deprived of his rights by a decision of a public administration body may turn to the court to have the lawfulness of such decision reviewed, unless laid down otherwise by law. The reviewed of decisions concerning basic rights and freedoms must not, however, be excluded from the competence of the courts. Administrative Justice

4. Convection for the Protection of Human Rights and Fundamental Freedoms (209/1992 Coll.) • Article 6 § 1 of the Convention In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. Administrative Justice

5. International Covenant on Civil and Political Rights (120/1976 Coll.) • Article 14 § 1 All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. Administrative Justice

6. Basic Principles • Priciple of general clause. • Principle of negative enumeration. Administrative Justice

7. Kinds of Administrative Justice • Part of the general courts. • Special courts. • Special tribunals. Administrative Justice

8. History • no. 3/1918 Coll. about the Highest Administrative Court and about Solving of Competence Conflicts • no. 164/1937 Coll. about the Highest Administrative Court • no. 62/1939 Coll. about the Highest Administrative Court • no. 65/1952 Sb. about Prosecution • CPC – Part Four – reviewing of some kinds of decisions • no. 519/1991 Coll. – 3 Chapters • no. 424/2002 Coll. – 6 Chapters • no. 353/2003 Z. z. – 7. Chapters Administrative Justice

9. Relation to the Civil law • regulation in Civil Procedural Code • it is not civil proceedings • control of legitimacy of decisions and procedures of public administration authorities • different position of participants • mainly public relationships Administrative Justice

10. Relation to the Constitutional Court of the SR • Article 127 § 1 of the Constitution of the SR The Constitutional Court decides on complaints by natural persons or legal persons objecting to violation of their basic rights and freedoms, or the basic rights and freedoms ensuing from an international treaty ratified by the Slovak Republic and promulgated in a manner laid down by law, unless other court makes decision on the protection of such rights and freedoms. Administrative Justice

11. Thank you for your attention Administrative Justice